Web Services & Addendum


Web Services & Addendum

IMPORTANT – READ CAREFULLY:

This Web Services Addendum incorporates, is an addendum to, and supplements and forms part of, the Order Form and the Service Agreement entered into between West Interactive Services Corporations (“WISC”) and Client with respect to, among other services, WebPlus Website Design services. The terms of the Addendum shall govern in the event of any conflict with the Order Form or Service Agreement.

  1. Authorization

    You have engaged WISC to complete the project of developing and/or improving a World Wide website to be installed on the iAPPS platform.

  2. Delegation

    Building a web site to address each Client’s individual needs requires collaboration between WISC’s Web Implementation team and the Client. Client may delegate an individual or entity to work with WISC to complete the process. In the case of any such delegation, Client hereby provides its authorization for such person or entity to act on its behalf and to bind Client with respect to any decision or matter.

  3. Website Package Elements

    The following elements are included in the Starter Website Package:

    During Site Review period prior to Go-Live, routine site updates and minor changes may be performed at no charge.

    After the website is live, all design changes are the responsibility of the practice, using the tools and training provided by WISC.

    If at any point after the site review period a client wishes to have changes made to their website, but does not wish to perform the work themselves, WISC may perform the work using the following amounts:

    1. WISC will charge a one-hour minimum for any change.
    2. Hourly fees for changes made by WISC are $100 per hour, billed in 15 minute increments after the first hour. This fee is subject to change due, but not limited to, salary wage increases, economic conditions and/or government policies.
    3. Customers will receive written notification of the terms and fees for any billable change request.
    4. Bills for changes to a website will be made on an individual basis.

    The following elements are included in the Essentials/Pro Website Package:

    Support for routine changes and minor updates, defined as work not exceeding 5 hours per calendar month, shall be included as part of the Essentials website offer.

    The practice shall be trained to perform changes themselves, using the tools and training provided by WISC, in the event that a practice needs more work than is covered by this agreement in a given month.

    Should a client wish to have changes made to their website in excess of the 5 hours per calendar month, but does not wish to perform the work themselves, WISC may perform the work using the following amounts:

    1. WISC will charge a one-hour minimum for any change.
    2. Hourly fees for changes made by WISC are $100 per hour, billed in 15 minute increments after the first hour. This fee is subject to change due, but not limited to, salary wage increases, economic conditions and/or government policies.
    3. Customers will receive written notification of the terms and fees for any billable change request.
    4. Bills for changes to a website will be made on an individual basis.

    Questions or integration of features involving third-party products are not eligible for support during any portion of this agreement.

  4. Payment Terms

    Fees for the Website Design services shall be paid in accordance with the terms of the Order Form and Service Agreement. WISC retains all intellectual property rights in all technology, telephone numbers, web addresses, software or systems related to the Website Development services and the website being created for Client by WISC. WISC shall have no obligation, other than to return Client Material (as defined below), upon Client’s failure to make any payment due hereunder or under the Order Form or Service Agreement.

  5. Go-Live date

    This is the first full day that your WISC designed website is available to the general public from your Registered Domain (URL).

  6. Major Changes after Go-Live date

    Major design changes are defined as altering the layout or theme of the website. These site alterations are available on an hourly fee basis.3

  7. Project Completion

    WISC and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website. Client’s failure to respond to attempted communication via telephone and email will delay the progress of the Client’s project. WISC shall not be held responsible for any delays resulting from acts or omissions of the Client or its agents or events or circumstances outside of WISC’s reasonable control.

  8. Copyrights and Trademarks

    The Client may provide text, graphics and other content to be included in Client’s website (“Client Material”). WISC may also provide text, graphics, and other content to be included in Client’s website (“WISC Material”) and it will retain ownership and copyright of any WISC Material. You agree to indemnify WISC against all costs (including attorney’s fees) resulting from any claims of any third parties based on your website’s content (other than the WISC Material), including without limitation claims of trademark or copyright infringement. Your obligation to indemnify WISC applies even if the claims against WISC are based on its sole or concurrent acts, omissions, violations or breaches of duty. WISC may remove any content that it believes may violate any other party’s trademark, copyright or other rights.

  9. Laws Affecting Electronic Commerce

    From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees to be solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend WISC and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of the internet electronic commerce.

  10. Copyright to Web Pages

    Copyright to the finished assembled work of web pages produced by WISC is owned by WISC. The Client is assigned rights to all custom content and images provided by Client. However, the rights to our standard text libraries, Dear Doctor content and education features belong solely to WISC. In the event the Client chooses to discontinue the relationship with WISC, the Client will not have rights to these elements. WISC retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.

  11. Order Cancellation

    In the event a client elects to terminate or cancel an order relating to the website design services, the Client agrees to pay for work completed through the date of termination/cancellation on an hourly fee basis at the rate of $250 per hour. These hours include, but are not limited to hours spent with respect to communication, design concept, creative design, and iterations on initial design ideas and concepts. These hourly fees, once calculated, will not exceed the total contractual price of the cancelled order including any subscription revenue contracted.

  12. Third Party Terms

    Some of the Services that WISC provides may require WISC to set up an account on Client’s behalf with a third party (e.g., Google, Facebook). Client hereby provides to WISC Client’s authority for WISC to accept on Client’s behalf, and Client agrees to abide by, the terms and conditions of any such third party required in connection with setting up such account. Client further acknowledges and agrees that Client shall be solely responsible for any Client Materials or any information Client provides to WISC or any third party in connection with a third party account and agrees to defend, indemnify and hold harmless WISC with respect to any liability, action or claim arising in connection with Client’s use of any such account or violation of any third party terms and conditions.

  13. Changes

    This Addendum, together with the Order Form and Service Agreement constitute the entire agreement between WISC and the Client regarding Website Development services. Any additional work not expressly addressed in these documents must be authorized by a written change order or the execution of a new Order Form.

    This Addendum shall apply only to WISC hosted or designed web services. Integration of features involving third party products that are not related to the operation of your website are not covered by this agreement.


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