Terms of Service for Websmart LLC

1. SERVICES AND PAYMENT

Websmart LLC agrees to undertake and complete the Services (as defined in this Agreement) in accordance with the specified schedule. As the sole consideration for the Services, the Client agrees to pay Websmart LLC according to the terms outlined in this Agreement.

2. INDEMNIFICATIONS

In providing Services under this Agreement, Websmart LLC will not design, develop, or deliver to the Client any work that infringes on patents, copyrights, trademarks, or other intellectual property rights, privacy rights, or any other rights of third parties. The Client warrants that any content (e.g., text, images, video, or data) provided to Websmart LLC for use in the Services does not violate any such rights. Both parties agree to notify each other in writing of any suspected infringement. Each party shall indemnify and hold the other, including its employees, directors, and agents, harmless against claims, damages, or costs arising from such infringements.

3. COPYRIGHT AND OWNERSHIP

The Client shall exclusively own the copyright and all rights to Web pages, graphics, templates, and text created by Websmart LLC upon final payment.

Licensed software or components integrated into the Client’s website may remain the property of their original licensors. Websmart LLC retains the right to use custom-coded elements and display completed works in portfolios unless otherwise agreed upon in writing.

If the Client purchases a domain name through Websmart LLC, the Client retains ownership once the related invoice is fully paid. Websmart LLC reserves the right to withhold deliverables, including domain names, if payments are outstanding.

4. LIMITATION OF LIABILITY

Websmart LLC shall not be held liable for any damages, including lost profits, savings, or incidental damages arising from the use or inability to use the website or related services. If any part of this Agreement is found unenforceable, the remaining provisions will continue in effect.

5. FEES AND PAYMENT TERMS

All fees are due as specified in the Agreement. Payment must be made in full before Websmart LLC begins a project. Delinquent payments exceeding 30 days may incur a 3% monthly penalty. In cases of non-payment, Websmart LLC may suspend or remove services, including website hosting or ad campaigns, until payment is received.

Clients are responsible for all collection fees if necessary.

6. TERMINATION

Once the Client has paid for a website build, no refunds will be issued due to the nature of the service and its prompt execution. Clients subscribing to additional services (e.g., hosting or content updates) can cancel at any time without contractual obligations.

7. NOTICE

All notices under this Agreement must be in writing and delivered to the designated contact for each party.

8. WEBSITE HOSTING

Websmart LLC requires timely transfer of hosting information to ensure project completion within the scheduled timeframe. Hosting services are provided through platforms such as GHL. If the Client opts to cancel the membership, Websmart LLC will delete the website created. Websmart LLC has no obligation to download, give or transfer websites to another hosting to the client.

9. MISCELLANEOUS

This Agreement is governed by the laws of the state of Florida, excluding conflict-of-law principles. It constitutes the entire understanding between the parties and supersedes all prior agreements. Amendments must be made in writing and signed by both parties. The Agreement shall be construed fairly and not against either party.