1) All estimates/quotes are based on our understanding of your requirements and the given timeframe. Any modifications to the project scope, including minor upgrades, may result in additional costs as necessary. We kindly request a call or to ensure clear communication and understanding of your project’s needs.

2) The costs of purchasing third-party components (e.g., SSL, Payment gateway, Google Adwords, Facebook Ads, Plug-in licenses, etc.) are not included in our quotes.

3) Upon accepting a quote/proposal, you acknowledge and agree to the terms and conditions of Web Honkers. Acceptance can be verbal, through email, or by making an initial payment or signing a project quote.

4) Clients must provide us with precise guidelines and specific details related to the project. In the absence of such details, we will proceed based on our understanding and quote accordingly. If any changes or errors arise due to unclear requirements, additional costs may be incurred. Therefore, it is essential to provide comprehensive information for an accurate quotation.

5) Any complexity related to specific tasks must be communicated in advance and included in the proposal for proper costing. We uphold integrity in our work and rely on our clients to disclose all relevant aspects at the project’s outset. Any discrepancies resulting from vague requirements will not be the responsibility of Web Honkers.

6) Web Honkers will make every effort to complete the project/changes within the agreed-upon timeframe. Reasonable delays may be acceptable if any functionalities are modified or revised.

7) Any delays caused by the client may postpone the project and proposed timelines, potentially resulting in additional costs. Please remember that any project stalling for more than two months will cause $99/week in admin costs. Putting a project on hold requires prior notice; otherwise, it will not be catered to by the team.

8) The discovery of bugs (programming mistakes) during or immediately after development does not incur extra charges.

9) Any new work requested on previously provided deliverables will be subject to additional costs. Changes to design concepts after approval will also attract extra charges for the client.

10) Clients are required to provide website/application content and details within the first week of the contract to avoid unnecessary delays. Delays beyond this point may extend the project timeline and may result in additional charges.

11) We test our website/application compatibility on PCs and Laptops with the latest upgraded browsers, including Internet Explorer, Google Chrome, Mozilla Firefox, and Safari. If testing is required on other browsers, kindly inform us in advance.

12) Responsive/multi-device compatible web pages are tested on iPhone and iPads. If testing is needed on other devices, please discuss it beforehand.

13) If the client’s website/application is not hosted on Web Honkers’ server, any additional working hours required due to server or network-related issues will not be covered in our quote/project and may be charged separately.

14) Depending on required functionalities, there may be third-party components involved, such as Third-Party Payment Gateways or SSL certificates. While Web Honkers makes every effort to assess the suitability of such components, any unexpected limitations are beyond our control.

15) Web Honkers assumes no responsibility or liability for any open-source products, such as WordPress, Open Source carts, Joomla, etc. It is the client’s responsibility to update all components and third-party software. Regular backups are recommended to prevent disruptions.

16) Clients must recognize that unforeseen circumstances may arise, potentially causing delays in the development process, especially concerning the integration of third-party APIs. While we strive to complete projects as agreed upon in the proposal, genuine delays within a reasonable timeframe will not result in penalties for Web Honkers when every effort is made to adhere to the project schedule.

17) Domain registration/renewal is not included unless specified otherwise. If required, a separate quote will be provided and must be approved by the client.

18) Web Honkers builds and tests websites/applications on our own servers. Access to our test servers and sites is not provided to clients or any third party. Upon full payment of all invoices and dues, the website/application can be transferred to a designated third-party server.

19) By entering into this agreement with Web Honkers and upon full payment of any outstanding dues/invoices, the Customer will be granted an irrevocable license to reproduce, publish, communicate, use, exploit, modify, or otherwise deal with 1) the graphics, 2) texts, and 3) images used in the published website and its associated form and functionality. This license excludes intellectual property rights related to the production of the website, including programming codes, database structures, scripts, structures, or functionalities.

20) All communications/correspondences are primarily conducted via phone, emails or Whatsapp. It is the client’s responsibility to keep us updated with their relevant contact details.

21) Projects should not be transferred to another agency without valid reasons. Projects that have been confirmed and contracted with Web Honkers should not be transferred to another agency without proper justification. Valid reasons may include unresolvable conflicts, change of business priorities, or any other significant factors impacting the project outcome. However, superficial reasons, such as personal preferences or other offers, are not considered valid. Transferring a project without valid justification may lead to legal action taken by Web Honkers against the client or partner agency involved in the transfer.

22) Both parties should maintain open communication channels with the aim of finding amicable resolutions to any problems that may arise during the project. Web Honkers is committed to providing exceptional services and believes that clear communication is fundamental to achieving this goal. Clients are strongly encouraged to raise any concerns they may have regarding the project or our services so that we can work together to find a mutually satisfactory solution.

23) We aim to complete every project within 60 days of confirmation and contracting. However, the timeline may vary based on project scope and client cooperation. If unforeseen circumstances cause delays in project completion, our team will inform the client promptly and discuss potential solutions.

24) If the client fails to respond within a reasonable timeframe, both parties may agree to close the project. Transparent communication is essential in such cases to determine the next steps. Clients are encouraged to reach out to Web Honkers if they face any issues related to the project to find possible solutions and move the project forward.

25) If another agency handles website migration, Web Honkers will not be liable for any data loss or unforeseen errors that may occur during the migration process. The responsibility for any issues that arise during or after the migration lies with the new agency, and Web Honkers will not provide support or assistance in this regard.

Policies

The use of the Campaign is subject to all applicable Web Honkers ad specification requirements and policies, which may be modified at any time. All communication regarding the Customer’s Internet Advertising Campaign outlined on the www.webhonkers.com website should be directed solely to Web Honkers, through email at support@webhonkers.com. Web Honkers reserves the right to modify ad descriptions and wording to comply with any Policies related to Marketing 360, Ads Management, Search Engine Optimization (SEO), Google Maps Business Listing (GMB), Brand Designing, Website Development, and Copywriting Services.

The Campaign

1) Search Engine Optimization (SEO) Campaign:

1.1 - Keyword and Website Access:

Upon entering into an SEO Contract with Web Honkers, the customer must provide certain required information for keyword selection. This information should be sent to Web Honkers’ Customer Care Department within seven business days of the initial payment date. Failure to provide the information within this timeframe may extend the contractual period. If the customer does not provide the information within two weeks, Web Honkers reserves the right to use keywords best suited to the customer’s services/products & geographical target market, as described on the customer’s website or during sales.

Web Honkers will inform the customer of this keyword selection via email or other communication methods. Any changes to the keywords after one week of selection, whether chosen by the customer or Web Honkers, will not be allowed. However, customers can add new keywords to their existing SEO campaign with additional charges.

Predefined SEO packages cover Local Keywords (Combination of search term with a city name; for example, “Real Estate Toronto”). If the customer wishes to run an SEO campaign with Generic keywords after selecting one of the predefined packages, the contractual timeframe and SEO fee will be revised as per the agreement with Web Honkers.

On-Site SEO services can only be performed once the client provides website access within seven business days. If the customer is unable to provide access, they are responsible for all changes/additions required by Web Honkers. Failure to provide access or make the necessary changes/additions within 30 days from the sign-up date will result in automatic termination of the contract without any refunds. Web Honkers will not be held responsible for organic listing appearance if the supplied URL by the customer is not in working condition, as it will be automatically filtered out by the search engine.

If the supplied URL by the customer is not in working condition at any time during the contractual timeframe, Web Honkers will not be held responsible for any decline in ranking, as it will be automatically filtered by search engines.

1.2 – Google Maps Business Listings Placements:

To activate Google Maps Business Listings, the customer must provide Web Honkers with the activation code (PIN) received by mail or phone within 15 days. Failure to provide the PIN within this timeframe will result in Web Honkers not being held responsible for the rankings within the contractual duration. Local Business Listings will only be advertised in a single geographical area, placed according to the customer’s specific industry. Web Honkers does not guarantee specific positions in the search engines but will make reasonable and legitimate efforts to improve the customer’s Local Business Listing and website’s ranking.

1.3 - Website Changes:

Web Honkers reserves the right to make changes and additions to both the back end (source code) and front end (content) of the customer’s website for SEO purposes. This includes meta tags, page headers, anchor tags, XML sitemaps, Robots.txt files, images, and other coding as required by Web Honkers’ SEO strategy. If any of these changes/additions are later altered or deleted by the customer during the contractual duration, Web Honkers will not be held responsible for a decline in ranking by search engines. If the customer requests any changes/additions to the work done by Web Honkers for SEO purposes, they must communicate the same to Web Honkers’ Customer Care Department.

1.4 - Submissions:

During the SEO process, Web Honkers reserves the right to advertise/use/promote the customer’s name, company name, website, phone number, address, and social media pages on any online sources mentioned in the contract. If any content, pictures, or videos on the customer’s website do not own copyrights and yet are advertised by Web Honkers for SEO purposes, Web Honkers will not be held responsible for any legal actions against the customer.

1.5 - Reporting and Performance Analysis:

Web Honkers sends its clients an initial ranking report within 24-48 hours of keyword selection. This report shows the natural ranking of selected keywords for the customer’s website on major search engines (Google, Yahoo, Bing) and is created before the commencement of the SEO Campaign. Ranking may vary on or after the report creation date. For performance analysis, Web Honkers sends its clients Monthly Ranking Reports on the 5th or 20th of every month, with the exact date decided by Web Honkers upon sending the initial ranking report. These reports display the natural ranking of selected keywords on major search engines and the number of services delivered during the time from the last report.

1.6 - Payments:

The customer is responsible for all charges up to the amount of the Search Engine Optimization (SEO) Campaign, payable in U.S. or Canadian Dollars. In case of declined or missing payment, all work on the customer’s account will be temporarily suspended after two days of the payment decline date. If the customer does not provide payment within seven days of the email notification, the account will be automatically canceled, and a full cancellation fee will be charged as described in Section 1.8. Web Honkers reserves the right to take legal action against the customer for any outstanding balances. Customer is also responsible for paying all taxes, government charges, and reasonable expenses and attorneys’ fees incurred by Web Honkers in collecting outstanding amounts. The customer must raise any claims relating to charges within 30 days after the charge, and charges are solely based on Web Honkers’ measurements for the applicable Campaign unless agreed otherwise in writing.

Web Honkers may process monthly payments 7-10 days in advance from the regular payment date in the event of long holidays, including Christmas holidays.

Customer acknowledges and agrees that any credit card and related billing and payment information provided to Web Honkers may be shared with companies working on behalf of Web Honkers, such as payment processors and sales agents, solely for the purpose of effecting payment and servicing the customer’s account. Web Honkers may also provide information in response to valid legal processes or to establish or exercise its legal rights or defend against legal claims. Web Honkers shall not be liable for any use or disclosure of such information by third parties.

1.7 - Renewal:

Renewals of the Search Engine Optimization (SEO) Campaign are subject to the same terms and conditions as specified in the original agreement, for the same duration as specified, except for the setup fee and payment amount. Payment information specified in the contract will be used for the purpose of payment for renewal. Renewals will be subjected to a discount on payments, as described in Section 1.6. If automatic renewal is not required, the customer must send a written request to Web Honkers via email, seven days prior to the renewal date.

1.8 - Cancellation:

The customer may cancel the Search Engine Optimization (SEO) Campaign within the first 24 hours from the moment payment is received. To do so, the customer must request cancellation in writing through email or fax. If the customer wishes to cancel the contract after the first 24 hours, no refunds will be processed.

If the customer requests cancellation beyond 24 hours from the sign-up deadline, they may do so by sending an email or fax. In this case, no refunds will be processed by Web Honkers, and the customer will have to pay a cancellation fee of 20% of the total payment as per the contract signed. Monthly fees will be charged for all completed months, with all incomplete months rounded up to the next complete month, and services will be provided in full for all paid months unless requested otherwise by the client. The request to stop services before the completion of prepaid months does not qualify for additional refunds. There is no Money Back Guarantee.

In case selected key phrases of a Search Engine Optimization (SEO) Campaign are appearing on the first page of Google in full or in part after the first 24 hours of sign-up with Web Honkers, and the customer wishes to cancel the service, the cancellation fee will be the higher of 20% of the total package price or the remainder of the total package price still payable by the customer.

Renewed SEMCs may be canceled at any time by paying a cancellation fee of 20% of the total renewed package price.

The Campaign

2) Website Development:

2.1 – Scope of Service:

Web Honkers agrees to provide website development services as detailed in the agreed-upon project proposal or scope of work. The scope of services will encompass the tasks, deliverables, and features to be developed for the website. Any additional features, changes, or enhancements requested by the Client that fall outside the initial scope of work will be considered a change order. Change orders may be subject to additional fees and require a revision to the project timeline.

2.2 –Client Responsibilities:

The Client shall provide all necessary content, materials, and information required for the website development process. This includes, but is not limited to, text, images, videos, logos, branding assets, and other relevant materials. The Client is solely responsible for ensuring that they have obtained all necessary licenses, permissions, and rights for any content, materials, or intellectual property provided to Web Honkers. The Client shall indemnify and hold Web Honkers harmless against any claims or legal actions resulting from the unauthorized use of copyrighted or licensed materials.

2.3 –Payments:

The Client agrees to pay the fees for website development services as specified in the project proposal or scope of work. Payment terms, including the schedule of deposits and milestones, shall be agreed upon before the commencement of any work. In the event of any delay in payment beyond the agreed-upon terms, Web Honkers reserves the right to suspend work on the project until the outstanding payment is received. All fees mentioned in the project proposal or scope of work are exclusive of any applicable taxes. The Client shall be responsible for paying any relevant taxes or duties as required by law.

2.4 –Project Timeline:

Web Honkers will make reasonable efforts to complete the website development within the agreed-upon timeline specified in the project proposal or scope of work. The project timeline may be subject to change if: a) The Client requests additional features or changes that affect the project’s complexity or scope. b) There are delays caused by the Client’s failure to provide necessary information, content, or approvals in a timely manner. c) There are unforeseen technical issues or circumstances beyond Web Honkers’ control.

2.5 –Intellectual Property:

Upon full payment of all fees, the intellectual property rights, including copyrights, trademarks, and any other proprietary rights related to the website and its content, shall be transferred to the Client. Web Honkers retains the right to utilize the general knowledge, skills, and techniques acquired during the project for other purposes, provided no confidential information of the Client is disclosed. The Client warrants that all materials and content provided to Web Honkers do not infringe upon any third-party intellectual property rights. The Client shall indemnify and hold Web Honkers harmless against any claims or legal actions resulting from the use of such materials.

2.6 –Confidentiality:

Both parties agree to treat all non-public information shared during the project as confidential and shall not disclose it to any third parties without the other party’s written consent. Confidential information shall not include information that: a) Is or becomes publicly available through no fault of the receiving party. b) Was already known to the receiving party before disclosure. c) Is independently developed by the receiving party without reference to the disclosing party’s confidential information.

2.7 –Testing and Approval:

Web Honkers will provide the Client with opportunities to review and test the website during development. The Client shall promptly provide feedback and communicate any desired changes during these testing phases. Once the website development is completed, the Client will have a final review and approval process. Any changes or modifications requested after final approval may incur additional fees.

2.8 –Warranty and Support:

Web Honkers provides a warranty period of 30-days after the website’s final delivery. During this period, Web Honkers will correct any defects or errors arising from the development process at no additional cost to the Client. After the warranty period, ongoing maintenance, updates, and support may be provided under a separate agreement or at an additional cost.

2.10 –Termination:

Either party may terminate the project by providing written notice to the other party in the event of a material breach of these Terms by the other party. The terminating party must provide the breaching party with an opportunity to cure the breach within a reasonable period. If the Client terminates the project, any fees paid up to the termination date are non-refundable, and the Client will be responsible for any work completed until that date.

2.11 –Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of United States of America. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts United States of America.

The Campaign

3) Marketing 360:

3.1 –Services:

Marketing 360 offers a range of marketing services, including but not limited to digital marketing, social media marketing, search engine optimization (SEO), pay-per-click (PPC) advertising, website design and development, content marketing, email marketing, and analytics. The specific services to be provided to the Client will be outlined in a separate agreement, proposal, or scope of work, which will detail the objectives, deliverables, and timeline for the project.

3.2 –Client Responsibilities:

The Client shall cooperate fully with Web Honkers in the execution of the agreed-upon Marketing 360 services. This includes providing timely access to relevant information, materials, and data required for the successful implementation of the marketing strategies. The Client is responsible for ensuring that all information and content provided to Web Honkers, including text, images, videos, and other materials, do not infringe upon any third-party rights and comply with all applicable laws and regulations.

3.3–Fees and Payments:

The Client agrees to pay the fees for the marketing services as outlined in the project proposal, scope of work, or any other written agreement. Payment terms and schedules will be specified in the agreement. All fees mentioned are exclusive of any applicable taxes. The Client shall be responsible for paying any relevant taxes or duties as required by law. In the event of any delay in payment beyond the agreed-upon terms, Web Honkers reserves the right to suspend services until the outstanding payment is received.

3.4–Confidentiality:

Both parties agree to treat any non-public information shared during the course of the engagement as confidential and shall not disclose it to any third parties without the other party’s prior written consent. Confidential information shall not include information that: a) Is or becomes publicly available through no fault of the receiving party. b) Was already known to the receiving party before disclosure. c) Is independently developed by the receiving party without reference to the disclosing party’s confidential information.

3.5–Intellectual Property:

Web Honkers retains all rights, titles, and interests in any intellectual property, including but not limited to marketing strategies, creative materials, designs, and templates, developed or provided by Web Honkers. The Client shall have a limited, non-exclusive, and non-transferable license to use any intellectual property specifically created for the Client during the engagement, solely for the Client’s internal business purposes. The Client shall not use, reproduce, or distribute any Web Honkers intellectual property for any other purposes without our prior written consent.

3.6–Compliance with Laws:

The Client agrees to comply with all applicable laws, regulations, and industry standards related to their business and the marketing activities conducted through Web Honkers services.

3.7–Limitation of Liability:

Web Honkers shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our services or the results obtained from the marketing strategies. The Client acknowledges that marketing results may vary and depend on various factors beyond Web Honkers control, including market conditions, competition, and customer preferences.

3.8–Termination:

Either party may terminate the engagement by providing written notice to the other party in the event of a material breach of these Terms by the other party. The terminating party must provide the breaching party with an opportunity to cure the breach within a reasonable period. If the Client terminates the engagement before the completion of the agreed-upon services, any fees paid up to the termination date are non-refundable, and the Client will be responsible for any work completed until that date.

3.9–Indemnification:

The Client shall indemnify and hold Marketing 360 and its employees, agents, and affiliates harmless against any claims, damages, losses, liabilities, costs, and expenses arising from the Client’s use of our services, materials provided by the Client, or any violation of these Terms or applicable laws.

3.10–Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of United States of America. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts United States of America.

The Campaign

4) Ads Management:

4.1–Scope of Services:

The Company agrees to provide the Client with ads management services, which may include but are not limited to, the creation, optimization, and monitoring of digital advertising campaigns on various online platforms, such as Google Ads, Facebook, Instagram, Twitter, LinkedIn, etc., as agreed upon in writing.

4.2–Client Responsibilities:

The Client shall provide the Company with all necessary access, materials, and information required to perform the Services. This includes access to advertising accounts, relevant creatives, and any other data necessary for effective campaign management. The Client shall ensure that all provided materials are compliant with applicable laws and regulations.

4.3–Campaign budget:

The Client shall set a monthly advertising budget to be used for digital advertising campaigns. The Company will use its best efforts to manage the budget effectively to achieve the agreed-upon campaign objectives. Any changes to the budget must be communicated in writing and agreed upon by both parties.

4.4–Performance Metrics:

The Company will strive to achieve the best possible results for the Client’s advertising campaigns based on agreed-upon performance metrics, which may include click-through rates (CTR), conversion rates, return on ad spend (ROAS), and other key performance indicators (KPIs). However, the Company does not guarantee specific results or outcomes.

4.5–Payments:

The Client shall pay the Company the agreed-upon fees for the Services as outlined in the proposal or contract. Payment terms shall be specified in the invoice provided by the Company. Failure to make timely payments may result in the suspension or termination of Services.

4.6–Intellectual Property:

The Client retains all intellectual property rights to any materials, data, or creative assets provided to the Company for use in advertising campaigns. The Company retains all rights to any proprietary tools, methodologies, or processes used to manage the Client’s campaigns

4.7–Confidentiality:

Both parties agree to keep confidential any non-public information disclosed during the provision of Services, including campaign performance data, business strategies, and any other proprietary information. This obligation of confidentiality shall survive the termination of this Agreement.

4.8–Termination:

This Agreement shall remain in effect for the duration specified in the contract or until terminated by either party. Either party may terminate this Agreement with written notice if the other party breaches any material term of this Agreement. Upon termination, the Client shall pay the Company for any outstanding fees and expenses incurred up to the termination date.

4.9–Indemnification:

The Client agrees to indemnify and hold the Company harmless from any claims, damages, or expenses arising from the Client’s products, services, or materials used in advertising campaigns, including but not limited to claims of copyright or trademark infringement.

4.10–Limitation of Liability:

The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the Services or the use of advertising campaigns, even if the Company has been advised of the possibility of such damages.

4.11–Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of United States of America. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts United States of America.