Service Terms
This is the Website Services Agreement between Heatwave Ads ltd („Хийтуейв Адс” ЕООД), a company registered in Bulgaria under company number 208547137, with its registered office at 59 Gali Pole St., Yambol 8600, Bulgaria, trading as Webbie (“Company”), and the business that accepts it at checkout (“Customer”). It is entered into on the date Customer accepts it (the “Effective Date”). It includes the Order Details below and the Terms and Conditions that follow, and contains, among other things, warranty disclaimers, an accessibility disclaimer and indemnity (Section 10), liability limitations and limitations on what is included in the Service. There shall be no force or effect to any different terms of any related purchase order or similar form.
AUTHORISATION OF RECURRING PAYMENT. Customer acknowledges and agrees: Company will charge Customer’s card $64 per month, on the same day of each month as the first payment, and will continue to charge until Customer cancels. There is no minimum term, no setup fee and no cancellation fee. Customer may cancel at any time by one email to ivan@webbienow.com or in Customer’s Stripe account. Customer is entering into this Agreement on behalf of its business and for business purposes.
ACCEPTANCE. Customer accepts this Agreement by ticking the box “I agree to the Terms of Service” at Stripe checkout and making the first payment. The box is not ticked in advance. Company records the date and time of acceptance, the name and e-mail address entered at checkout, and the version of this Agreement accepted. This Agreement is not signed separately.
Order details
Customer: The business named at checkout, together with the contact name, address, telephone number and e-mail address entered there.
Services: One single-page website, built, hosted and maintained by Company (the “Service”). The page comprises a header section with Customer’s business name, trade and telephone number; services offered; an about section; Customer photographs; Customer reviews; areas served; and contact details with a map. The Service includes hosting, domain registration, SSL certificate, backups, security, uptime monitoring, changes under Section 2, and maintenance of Customer’s Google business listing.
Service Fees: $64 per month, payable monthly in advance by card through Stripe, subject to Section 5. The build is provided at no charge. Company builds a demo before Customer pays anything. The first monthly payment is charged when Customer approves the demo and accepts this Agreement at checkout, and Customer is then charged on the same day of each following month.
Initial Service Term: None. There is no minimum term and no commitment. This Agreement continues until cancelled by either party under Section 6.
Go-Live: Company will make the Service available within seven (7) business days of Company having all of: (i) Customer’s acceptance of this Agreement at checkout, (ii) the first payment, and (iii) the Customer information requested by Company. Where Customer supplies its own domain under Option B below, the period begins when that domain is pointed at the Service.
Changes: Changes to existing content are made at no charge and without limit, on the same business day where the request is received by 3 pm Customer’s local time, and otherwise on the next business day. New pages, new features and redesigns are quoted in advance. See Section 2.
Domain: Customer states at checkout whether it already owns a domain for its business. Where it does not, Option A applies. Where it does, Option B applies. Option A, Company registers: Company registers the domain in Company’s name at Company’s cost, included in the Service Fees, not exceeding $50. Customer is charged nothing for it. On termination Customer may purchase it at Company’s documented cost. Option B, Customer’s own domain: Customer retains its existing domain in Customer’s own name and points it at the Service. See Section 3.
Google Business Profile: Customer owns its Google business profile and all reviews. Company holds manager access only, which ends on termination. See Section 4.
Additional sites: Each additional website is charged as a further $64 per month under a separate checkout.
Terms and conditions
1. The service
1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Service described in the Order Details. Company will make the Service available within the Go-Live period stated in the Order Details.
1.2 Before Customer pays anything, Company builds a demo of the Service and shows it to Customer. Customer is under no obligation to proceed. Customer approves the demo by accepting this Agreement and making the first payment at checkout, after which the Service is made available to the public.
1.3 The following are not included in the Service: email addresses or email hosting; an online store; booking systems; a blog; logo design; printed material; social media services; and advertising. Where Customer has no logo, Company will set Customer’s business name in type.
1.4 Company does not provide Customer with an email address on the domain, and Customer should continue to use its existing email address. Were Company to provide Customer’s business email, that email would cease if the Service were suspended for non-payment, and Company is not willing to place Customer’s invoices and customer correspondence at that risk.
2. Changes to the service
2.1 Anything new added to the Service is chargeable. Changing what already exists is provided at no charge.
2.2 The following are provided at no charge, without limit on frequency: changes to telephone number, hours or prices; replacement of photographs; addition of a service to the list of services; rewriting of any text; and changes to colours.
2.3 The following are quoted in advance: a photograph gallery; a contact or booking form; an additional page; and anything amounting to a rebuild of the page. Company will state the price in writing, Customer will confirm in writing, and only then will the work be carried out. Company will not charge Customer’s card for anything Customer has not agreed to in writing.
2.4 Where Customer requests something not addressed by this Agreement, Customer may ask Company. Where the request is minor, Company will usually accommodate it at no charge. Where it is substantial, Company will quote in advance.
2.5 Where change requests in aggregate amount to a redesign, Company will notify Customer and quote accordingly.
2.6 Customer’s privacy policy and any other page required by law are prepared by Company, included at no charge, and do not constitute a new page for the purposes of Section 2.1.
2.7 Change requests are made by text message or email to ivan@webbienow.com. Requests received by 3 pm Customer’s local time on a business day are made that day. Requests received later are made on the next business day.
3. Domain name
3.1 Where Option A applies. Company registers the domain in Company’s name, at Company’s cost, included in the Service Fees and not exceeding $50. Customer is charged nothing for it. Company will notify Customer of the exact domain and the price paid when the Service goes live, and the registrar receipt is available to Customer on request.
3.2 On termination of this Agreement, Customer may purchase that domain from Company for the exact amount shown on the registrar receipt, with no amount added. Company will remove the transfer lock and provide the transfer code within three (3) business days of Customer’s request and payment.
3.3 Customer acknowledges that ICANN prevents transfer of a domain within sixty (60) days of its first registration. This is outside Company’s control, and Company will effect transfer as soon as that period expires.
3.4 Company will notify Customer of the date to which the domain is paid up. Customer may purchase it at Company’s cost until that date, after which Company may permit it to expire.
3.5 Where Option B applies. The domain remains registered in Customer’s name and remains Customer’s property throughout. Company makes no claim to it.
4. Google business profile
4.1 Customer owns its Google business profile, together with all reviews and history associated with it. Where Customer has no such profile, Company will create one and transfer ownership of it to Customer.
4.2 Company holds manager access to the profile for the purpose of maintaining it. Such access terminates on termination of this Agreement, and nothing on the profile is removed or altered when it does.
4.3 Every month Company will review Customer’s Google business listing and maintain its accuracy, including name, address, telephone number, hours and services, so that these are consistent wherever they appear.
5. Fees and payment
5.1 Customer will pay Company the Service Fees stated in the Order Details. Payment is taken by card through Stripe. Company does not see or store Customer’s card details, which are held by Stripe.
5.2 Company may change the Service Fees on thirty (30) days’ prior written notice, which may be sent by email. Where Customer does not wish to pay the revised fee, Customer may cancel before it takes effect and will not be charged at the revised rate. Company will not increase the Service Fees during Customer’s first year.
5.3 Service Fees are exclusive of sales tax. Where Company is required to collect sales tax in Customer’s state, it will be added and shown separately.
5.4 Service Fees are non-refundable, including in respect of any part month. Customer retains the Service for the month paid for.
5.5 Where Customer believes a charge is incorrect, Customer will contact Company before disputing it with its card issuer. Company will review the charge and correct it where Company is in error. A dispute raised without first contacting Company may result in suspension of the Service on the same basis as a failed payment.
5.6 Where a payment fails: (a) Company will notify Customer by email and text message the same day; (b) for days one (1) to seven (7) the card will be retried and the Service remains fully available, this being Customer’s opportunity to remedy the failure; (c) on day eight (8) the Service is replaced with a notice stating that it is temporarily unavailable; and (d) on day thirty (30) this Agreement terminates and the period in Section 6.4 commences.
5.7 There is no reactivation fee. Where Customer pays the outstanding amount at any point before day thirty (30), the Service is restored as it was.
6. Term and termination
6.1 This Agreement commences on the Effective Date and continues until terminated. There is no minimum term.
6.2 Customer may terminate at any time, without notice period, reason or fee, by one email to ivan@webbienow.com or through Customer’s Stripe account. Company confirms the cancellation by email and makes no further charge. The Service remains available until the end of the month already paid for, and is then withdrawn.
6.3 Company may terminate on thirty (30) days’ written notice for any reason, and may terminate immediately where the Service is used for any unlawful purpose, where payment details are used fraudulently, or where there is abuse of or threats towards Company’s personnel.
6.4 For thirty (30) days following termination, Customer may request from Company its text, its photographs and any enquiries collected by the Service, and Company will provide them. Thereafter Company will delete that material, save that Company retains billing records for longer where tax law requires.
6.5 All sections of this Agreement which by their nature should survive termination will survive termination, including accrued rights to payment, confidentiality obligations, Customer’s warranties and indemnity under Section 7, warranty disclaimers and limitations of liability.
7. Customer content and responsibilities
7.1 Customer supplies the text, photographs, logo and business information for the Service through the form provided by Company. Company builds from what Customer supplies and does not copy content from any existing Customer website.
7.2 Customer represents, covenants and warrants that it owns or has the right to use everything it supplies to Company, and that the statements contained in it are true, including as to licensing, insurance, years in business and qualifications. Company publishes what Customer supplies and is not responsible for its accuracy. Customer agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses in connection with any claim arising from the content Customer supplies.
7.3 Where Customer’s trade requires its licence number to appear in its advertising, Customer will provide that number to Company and Company will display it.
7.4 Company uses stock imagery only for backgrounds and texture, and will not use stock photography to present work as though Customer carried it out.
7.5 Customer retains all right, title and interest in the content it supplies. Company retains all right, title and interest in the Service, including the code, design and build, and all intellectual property rights therein. No ownership of the Service passes to Customer at any time. No rights or licences are granted except as expressly set out in this Agreement.
7.6 Reviews and testimonials. Customer represents and warrants that any review or testimonial it supplies is genuine, was given by an actual customer, and has not been purchased, incentivised or fabricated. Company will not create, write, purchase or procure reviews on Customer’s behalf. Reviews displayed on the Service are those supplied by Customer or drawn from Customer’s Google business profile, and neither party represents that the reviews displayed constitute all reviews Customer has received.
7.7 Photographs of people. Where any photograph supplied by Customer shows an identifiable individual, Customer warrants that it has that individual’s permission to use the photograph for advertising purposes.
7.8 Materials supplied by Company. Company warrants that it holds the necessary licences for any stock imagery, typeface or other third-party material that Company incorporates into the Service.
8. Data protection
8.1 Roles. In respect of enquiries submitted through the Service by Customer’s own customers, Customer is the controller and Company is the processor. In respect of Customer’s own business contact and billing details, Company is the controller. Company is established in Bulgaria and the General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) applies to Company’s processing.
8.2 Details of processing. Subject matter: operation of the Service. Duration: the term of this Agreement and the retrieval period in Section 6.4. Nature and purpose: hosting the Service, receiving and storing enquiries and making them available to Customer. Types of personal data: name, email address, telephone number and the content of any message submitted. Categories of data subject: individuals who submit an enquiry through the Service.
8.3 Company’s obligations as processor. Company will: (a) process personal data only on Customer’s documented instructions, including as to any transfer to a third country, unless required otherwise by Union or Member State law; (b) ensure that persons authorised to process the data are bound by an obligation of confidentiality; (c) implement appropriate technical and organisational security measures in accordance with Article 32 GDPR; (d) not engage a sub-processor without Customer’s general written authorisation, and will inform Customer of any intended change of sub-processor; (e) assist Customer, so far as is reasonably possible, in responding to requests from data subjects exercising their rights; (f) assist Customer in complying with its obligations relating to security, breach notification and data protection impact assessments under Articles 32 to 36 GDPR; (g) at Customer’s choice, delete or return the personal data at the end of the provision of the Service, in accordance with Section 6.4, save where storage is required by law; and (h) make available to Customer the information necessary to demonstrate compliance with Article 28 GDPR and allow for and contribute to audits.
8.4 Company does not sell personal data or use it for any purpose other than operating the Service. Company retains billing records for longer where tax law requires.
8.5 Customer is responsible for the lawfulness of the personal data it instructs Company to process, and for providing any notice or obtaining any consent required from its own customers.
9. Acceptable use
9.1 Customer will not use the Service for any unlawful purpose, for any purpose infringing the rights of others, for any purpose deceptive as to Customer’s business, or for adult or hateful content. As Company hosts the Service, Company may remove any material breaching this Section and will notify Customer where it does so.
10. Website accessibility
10.1 Customer acknowledges that the Americans with Disabilities Act and comparable state laws may require that Customer’s website be accessible to people with disabilities, and that responsibility for compliance rests with the business offering the goods and services through the website, being Customer.
10.2 Company builds the Service in accordance with generally accepted web development practice. Company does not warrant that the Service conforms to the Web Content Accessibility Guidelines, the Americans with Disabilities Act, or any other accessibility standard, and Company gives no undertaking as to accessibility.
10.3 Customer is responsible for the accessibility implications of the content it supplies, including the provision of alternative text for photographs, the legibility of any document it asks Company to publish, and any change Customer requests.
10.4 Customer agrees to indemnify and hold harmless Company against any claim, damages, losses, liabilities, settlements and expenses arising from an allegation that Customer’s website is not accessible.
10.5 Company will carry out accessibility review or remediation work where Customer requests it, as chargeable work quoted in advance under Section 2.3.
11. Warranty and disclaimer
11.1 Company will use commercially reasonable efforts to maintain availability of the Service. Company does not warrant any particular level of availability, and no credits or refunds are given in respect of downtime.
11.2 Company does not warrant or promise any position in search results, any volume of traffic, or any number of telephone calls or enquiries. Company ensures that Customer’s business appears correctly on Google and that the page is configured for Customer’s trade and area. Search position and volume of enquiries are not within Company’s control.
12. Limitation of liability
12.1 Neither party is liable for indirect or consequential loss, including lost profit, lost work, lost custom or lost data.
12.2 Company’s total liability to Customer is limited to the Service Fees paid by Customer in the three (3) months preceding the claim.
12.3 Neither party is liable for any failure caused by events outside its reasonable control, including outages affecting suppliers, acts of government, natural events, war, or failures of the internet.
12.4 Nothing in this Agreement excludes or limits any liability which cannot lawfully be excluded or limited.
13. Disputes
13.1 Neither party will commence formal proceedings until the parties have had thirty (30) days to resolve the matter in writing. Notice for this purpose is given to ivan@webbienow.com.
13.2 This Agreement is governed by the law of Bulgaria. The courts of Bulgaria have jurisdiction over any dispute arising out of it, and the parties submit to that jurisdiction. Nothing in this Section prevents Customer from bringing a claim in the small claims court of Customer’s own locality, or prevents either party from applying to any court of competent jurisdiction for injunctive relief.
13.3 To the extent permitted by applicable law, any claim is brought in an individual capacity only, and not as a plaintiff or class member in any class or collective action.
13.4 If Section 13.3 is held to be unenforceable in whole or in part, that Section is severed to that extent and the remainder of this Agreement, including Sections 13.1 and 13.2, continues in full force and effect.
14. General
14.1 This Agreement, including the Order Details, is the entire agreement between the parties. Nothing stated on a telephone call, in an email or at a meeting forms part of it. In particular, Customer never owns the Service, and there is no point at which ownership passes to Customer. Where Customer has been told otherwise, this Agreement is what applies.
14.2 Any amendment to this Agreement must be in writing. A change to the Service Fees made under Section 5.2 is the sole exception and takes effect by notice.
14.3 Notice may be given by email. Notice to Customer is given to the e-mail address on the Order Details, and notice to Company is given to ivan@webbienow.com. Customer will keep its email address current.
14.4 Customer may assign this Agreement to a purchaser of its business on notice to Company, and the Service will continue.
14.5 Each party will protect the other’s confidential business information and will not disclose it to any third party.
14.6 Where any provision of this Agreement is unenforceable, the remaining provisions continue in effect.
14.7 This Agreement is written in English, and the English version governs.
14.8 This Agreement is accepted electronically, by ticking the box at checkout as described in the Acceptance paragraph above. A tick, a typed name or an electronic signature has the same effect as a handwritten signature.
Earlier versions
This is the first version. When these terms change, the new version gets its own address and this page stays online, so every customer can see the exact terms they accepted.
Heatwave Ads ltd („Хийтуейв Адс” ЕООД), company number 208547137, 59 Gali Pole St., Yambol 8600, Bulgaria, trading as Webbie. Contact: ivan@webbienow.com