Terms & Conditions

Last Updated: November 21, 2024

Welcome to Weboty Cloud & IT Limited Company (“Weboty,” “we,” “us,” or “our”), a full-service digital agency incorporated under the laws of the State of Wyoming, USA. These Terms & Conditions (“Terms”) govern your access to and use of our comprehensive web and digital services, including but not limited to website design and development, WordPress theme development, SEO optimization, speed performance tuning, frontend development (e.g., Bootstrap integration), server management, and specialized e-commerce solutions. By engaging with our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms, which constitute a legally binding agreement. If you do not agree, please do not proceed with our services.

1. Company Information

  • Legal Name: Weboty Cloud & IT Limited Company
  • Registered Address: 30 N Gould St Ste N, Sheridan, WY 82801, USA
  • EIN: 32-070940
  • Filing ID: 2022-001180857
  • Jurisdiction: Incorporated under the laws of Wyoming, USA. As a US-based entity, we do not charge VAT on international services, ensuring transparent pricing for clients worldwide.
  • Contact: For inquiries, email us at info@weboty.com or visit weboty.com.

2. Scope of Services

  • Weboty offers a wide range of digital agency services, customized to meet your business needs, including:
    • Website Design & Development: Custom websites using WordPress, HTML5, CSS3, and other technologies.
    • WordPress Theme Development: Bespoke theme creation and integration, tailored to your brand identity.
    • SEO Optimization: On-page and technical SEO to enhance search engine rankings and visibility.
    • Speed Performance Tuning: Website optimization for faster load times, including caching and code minification.
    • Frontend Development: Responsive designs using Bootstrap, React, or other frameworks.
    • Server Management: Hosting setup, optimization, security (e.g., SSL, Cloudflare), and maintenance.
    • E-commerce Solutions: Development and optimization of e-commerce platforms (e.g., WooCommerce, Shopify integration).
    • Additional services such as content strategy, digital marketing, and third-party tool integration may be available upon request.
  • The specific scope, deliverables, and timelines for each project will be detailed in a written proposal or agreement. Any work outside the agreed scope requires a separate written contract and may incur additional fees.
  • Weboty reserves the right to subcontract specific tasks (e.g., specialized coding or design) while retaining full responsibility for project quality and delivery.

3. Payment Terms

  • General: Payment terms are outlined in the project proposal or agreement. Full payment is typically due upon signing, unless a payment plan is mutually agreed upon in writing. Fees are quoted in USD or EUR based on the selected payment method.
  • Payment Methods:
    • Stripe Online Payments: We accept payments via Stripe for secure online transactions. By using Stripe, you agree to comply with Stripe’s Terms of Service (https://stripe.com/legal). Stripe transaction fees (typically 2.9% + $0.30 per transaction) are the Client’s responsibility and are non-refunded by Weboty. Weboty is not liable for Stripe outages, security breaches, or chargeback disputes.
    • Bank Transfers:
      • USD Account:
        • Account Holder: Weboty Cloud & IT Limited Company
        • Account Number: 822000519161
        • Account Type: Checking
        • Routing Number (Wire/ACH): 026073150
        • SWIFT/BIC (International): CMFGUS33
        • Bank: Community Federal Savings Bank, 89-16 Jamaica Ave, Woodhaven, NY 11421, USA
      • EUR Account:
        • Account Holder: Weboty Cloud & IT Limited Company
        • IBAN: BE03 967502636784
        • SWIFT/BIC: TRWIBE81XXX
        • Bank: Wise, Rue du Trône 100, 3rd Floor, Brussels 1050, Belgium
    • Clients must include the reference number (e.g., 20250520-01) in the payment description to ensure proper allocation. Wire transfer or bank fees are the Client’s responsibility.
  • Late Payments: Payments overdue by more than 7 days will incur a 5% monthly interest fee. Weboty reserves the right to suspend services, withhold deliverables, or terminate the agreement until payment is received in full.
  • Non-Refundable: All payments are non-refundable except as required by applicable law or if Weboty fails to deliver the agreed services, in which case refunds will be processed within 14 business days (via Stripe or bank transfer, at Weboty’s discretion).
  • Currency and Conversion: Payments in currencies other than USD or EUR are subject to conversion fees and exchange rate risks, which are the Client’s sole responsibility. Weboty is not liable for financial losses due to currency fluctuations.

4. Project Timeline and Delivery

  • Project timelines vary by scope and complexity (e.g., 14-30 business days for a standard website, 30-60 days for e-commerce platforms) and are detailed in the proposal. Timelines are estimates and subject to change.
  • Delays due to the Client’s failure to provide content, assets (e.g., logos, product images), access credentials (e.g., domain, hosting, e-commerce APIs), or timely feedback will extend the timeline without liability to Weboty.
  • Deliverables will be handed over via agreed methods (e.g., hosting transfer, file delivery, e-commerce platform setup). The Client must test and approve deliverables within 7 days of delivery, or they will be deemed accepted.
  • Support Periods: Support duration (e.g., 30 days for bug fixes, 90 days for e-commerce setup) varies by project and is specified in the agreement. Extended support requires a separate fee-based contract.

5. Intellectual Property

  • All designs, code, themes, and materials created by Weboty remain our exclusive property until full payment is received.
  • Upon payment, the Client receives a non-exclusive, non-transferable license to use the deliverables for their intended business purposes only. The Client may not resell, sublicense, distribute, or modify the deliverables without prior written consent from Weboty.
  • Third-party assets (e.g., premium WordPress themes, plugins, stock images, Shopify apps) are subject to their respective licenses. Weboty is not liable for third-party license violations or restrictions imposed by the Client’s misuse.
  • Weboty retains the right to showcase the project in our portfolio, marketing materials, or case studies unless the Client opts out in writing at the project’s outset.

6. Client Responsibilities

  • The Client must provide accurate, complete, and timely information, including:
    • Content (e.g., text, product descriptions, branding assets).
    • Access credentials (e.g., domain, hosting, e-commerce platforms, Google Analytics).
    • Feedback and approvals within agreed deadlines.
  • Failure to comply may result in project delays, additional charges (at $90/hour), or termination of the agreement at Weboty’s discretion.
  • The Client is solely responsible for maintaining backups of their website, e-commerce data, and systems. Weboty is not liable for data loss due to Client negligence or third-party failures.

7. Limitation of Liability

  • Weboty’s total liability for any claim arising from these Terms or services shall not exceed the amount paid by the Client for the specific project.
  • We are not liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or reputation.
  • Weboty is not responsible for issues caused by third-party services (e.g., Stripe, hosting providers, e-commerce platforms, payment gateways) or Client misuse, modification, or neglect of deliverables.
  • We do not guarantee uninterrupted website or e-commerce functionality due to factors beyond our control (e.g., hosting downtime, cyberattacks, third-party API failures).

8. Indemnification

  • The Client agrees to indemnify, defend, and hold harmless Weboty, its officers, employees, and subcontractors from any claims, damages, liabilities, or expenses (including reasonable attorney fees and costs) arising from:
    • The Client’s use, modification, or distribution of our services.
    • Infringement of third-party intellectual property rights (e.g., using unlicensed content or designs).
    • Violation of applicable laws or regulations by the Client (e.g., e-commerce tax compliance).

9. Termination

  • Either party may terminate the agreement with 14 days’ written notice if the other party materially breaches these Terms and fails to remedy the breach within that period.
  • Weboty may terminate immediately in cases of non-payment, fraud, illegal activity, or violation of these Terms (e.g., unauthorized use of deliverables).
  • Upon termination:
    • The Client must pay for all work completed and expenses incurred up to the termination date.
    • Weboty will cease all work, withhold deliverables, and retain any prepaid fees for uncompleted work as liquidated damages, unless otherwise required by law.

10. Confidentiality

  • Weboty agrees to protect the Client’s confidential information (e.g., business plans, customer data, e-commerce strategies) and use it solely for service delivery.
  • Confidential information excludes data that is publicly available, independently developed, or legally obtained from a third party.
  • This obligation survives the termination of the agreement for five (5) years.
  • The Client consents to Weboty using their project as a portfolio piece or case study unless a non-disclosure agreement (NDA) is signed.

11. Governing Law and Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to conflict of law principles.
  • Disputes shall first be resolved through good-faith negotiation within 30 days. If unresolved, disputes will be subject to the exclusive jurisdiction of the courts of Sheridan, Wyoming.
  • The prevailing party in any legal action shall be entitled to recover reasonable attorney fees and costs.
  • Stripe transactions may also be subject to the laws of California, USA, per Stripe’s Terms of Service.

12. Force Majeure

  • Weboty is not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, internet outages, third-party service failures (e.g., Stripe, hosting providers), or government actions.

13. Stripe-Specific Terms

  • Payment Processing: Stripe is a third-party payment processor, and Weboty is not responsible for its availability, security, or performance. Clients agree to Stripe’s Terms of Service (https://stripe.com/legal).
  • Disputes and Chargebacks: The Client must resolve payment disputes or chargebacks directly with Stripe. Weboty is not liable for fraudulent transactions, chargeback fees, or Stripe-related issues.
  • Data Security: Stripe handles payment data per its privacy policy. Weboty does not store or process payment information and is not liable for breaches in Stripe’s systems.
  • Refunds: Stripe payments are non-refunded unless Weboty fails to deliver agreed services. Refunds, if applicable, will be processed through Stripe within 14 business days, subject to a 5% administrative fee.

14. International Transfers

  • Bank Transfer Risks: The Client assumes all risks associated with international bank transfers, including delays, bank fees, currency conversion losses, and incorrect account details. Weboty is not liable for additional costs or delays due to Client errors.
  • Compliance: The Client is responsible for ensuring payments comply with their local laws (e.g., anti-money laundering, tax regulations). Weboty is not liable for the Client’s legal violations.
  • Failed Transfers: If a transfer fails due to incorrect details provided by the Client, Weboty is not responsible for rescheduling or covering associated fees.

15. Amendments

  • We may update these Terms to reflect changes in our services, legal requirements, or payment processes (e.g., Stripe policy updates). The updated version will be posted on [https://weboty.com/terms-and-conditions] with the effective date.
  • Clients will be notified of significant changes via email at least 14 days in advance. Continued use of our services after updates constitutes acceptance of the new Terms.

16. Entire Agreement

  • These Terms, along with any signed proposals, invoices, or agreements, constitute the entire understanding between Weboty and the Client, superseding all prior agreements, communications, or understandings, whether written or oral.
  • Any modifications to these Terms must be made in writing and signed by both parties.

17. Severability

  • If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

18. Waiver

  • Failure by Weboty to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights under these Terms.

19. Acceptance

  • By signing a proposal, making a payment (via Stripe or bank transfer), or using our services, the Client acknowledges they have read, understood, and agreed to these Terms.
  • Weboty may require explicit acceptance (e.g., a checkbox) during payment or project initiation for added legal clarity.

Contact Us
For inquiries, concerns, or to report issues, please contact us at info@weboty.com or visit weboty.com.