Lookwhoo LLC Terms of Service
By joining Lookwhoo LLC services or any of the services of Lookwhoo LLC or its affiliates (“Lookwhoo”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Lookwhoo under the Terms of Service include various products and services to help you conduct business, sell goods, information and/or services to your customers, visitors and/or users, whether online (“Online Services”), in person (“POS Services”), or both. This includes conducting any online web services under the Lookwhoo company name, whether you are a Lookwhoo User, Client or Partner. Any such services offered by Lookwhoo are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time by visiting, https://www.lookwhoo.com/terms. Lookwhoo reserves the right to update and change the Terms of Service by posting updates and changes to the Lookwhoo website regardless if these terms have been printed prior or after your agreement for service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
By using Lookwhoo or any Lookwhoo services, you are agreeing to these terms.
As a User, Client or Partner engaging with Lookwhoo, for a specific project to be developed and/or improvement of a website to be installed or maintained on the User, Client or Partner’s web space or a web hosting package provided by Lookwhoo – the User, Client or Partner authorizes Lookwhoo to access any needed information or credentials to complete a project with “write permissions” for the Owner’s webpage directories, 3rd party services, financial logins or information to obtain needed requirements, and any other directories or programs which need to be accessed for a project or service. The User, Client or Partner also authorizes Lookwhoo to publicize completed website or project related information to be indexed by Web search engines, as well as other Web directories and indexes provided on the internet.
Standard Web Design Projects or Website Management
Includes the required following details and elements:
- E-mail/phone consultation resulting in the User, Client or Partner providing the necessary information to create a web site or service related request.
- Words of text/copy supplied by the User, Client or Partner either by, existing content or newly created content, which can be transferred by uploaded form or emailed as needed.
- Links to internal/external pages, including a detailed overview of what content will be required for each page required.
- Custom Graphics. Masthead graphic (logo) on page header throughout. Custom graphic work incorporating company/organization logo. Same graphic design for all other pages, incorporating theme or brand of the website consistently throughout.
- Photos and other misc. graphic images supplied by the User, Client or Partner.
- Page layout and colors including structure and style to body of website.
- Installation of web pages on the User, Client or Partner’s web hosting service or host provided by previous developer via static code or CMS database driven (ie. WordPress, Drupal, Joomla etc.)
- Credentials are required for access to a User, Client or Partner’s 3rd party affiliates, financial institutions for e-commerce connections, social media accounts for site to site integration, hosting, domain or other accounts related to the project or services being completed.
Additional Custom Development
- Custom work requested shall also govern additional work authorized as general Internet orientation education, marketing consulting, webpage design, editing, art, photo, graphics services, and helping a User, Client or Partner learn how to operate their website or services being obtained.
- Merchant Services resulting in such, as SSL certificates, Dedicated IP lines for secure E-commerce practices, E-commerce software development, merchant gateways, and bank authorizations.
- 3rd Party API Integration for development of social media services, email systems, apps, modules and/or newsletter management implementation.
Explanation of Differences
The content of the web pages will be supplied by the User, Client or Partner and executed as specified by the said person per instruction if requested. In a case where the User, Client or Partner desires custom work beyond a standard website build such as E-commerce development, Interactive development, etc., the said person or organization agrees to pay Lookwhoo the additional service fees which follow the Additional Custom Development service option as specified above.
Additional changes or additions requested by a User, Client or Partner after completion of a project, will result in hourly charges, or may fall under the Maintenance agreement option if selected. If a custom package has been chosen where a User, Client or Partner may update owner page content, however cannot access areas of development in which may require changes, as stated above hourly charges may occur or fall under the Maintenance agreement option if selected. Ongoing maintenance or consultation that allows Lookwhoo to change site content will be written as a separate agreement.
Project Completion Timeline
Lookwhoo and the User, Client or Partner must work together to complete the website or project in an agreed timely manner. A website or project in development is considered an “Active Priority.” Any and all work extensions for a particular project or phase during the Active Priority stage, which include supplying Lookwhoo with complete access, copy, images, graphics and content for all web pages, need to be communicated and handled within a 30 day period. Should communication fail within this period, a new proposal may be issued with updated requirements and time frame. Any change in requirements made by the User, Client or Partner beyond the original proposed project details may also result in a change in price and/or scheduling.
Please note, there is no longer continued development for Internet Explorer 8 (IE8) or below. Any special development requests for the outdated IE browsers cannot be guaranteed and will require a separate addendum via an hourly charge. This will result in an overall change in price and/or scheduling and will not qualify for an estimated proposed build time.
Any requests that require a rush will incur a 25% rate added to the already established rate for any proposal or assignment given. A rush is defined as a User, Client or Partner requiring changes or updates outside an already established project timeline or a demanding request made within of a 24 hour window, or outside standard business operating hours M-F. A rush does not pertain to emergency related fixes caused by a server outage or technical mishap outside of the User, Client or Partner’s desired control.
Third Party Inclusions
Unless otherwise defined by a User, Client or Partner’s initial proposal, all quoted estimates do not include third party fees which may be added to the final amount due. This may result if the project requires such fees such as; additional stock photography, custom fonts, software purchases, SSL certifications, dedicated IP’s, merchant gateway processors, licenses, hosting or domain name purchases. These items are billed as separate from the initial estimate or overall price quoted.
Copyrights and Trademarks
The User, Client or Partner represents Lookwhoo LLC and unconditionally guarantees that any and all elements of text, copy, graphics, images, designs, trademarks, or other artwork furnished to Lookwhoo for inclusion in web pages are owned by the User, Client or Partner, or that the said person or organization has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Lookwhoo LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by The User, Client or Partner.
Rights to images, graphics, source code, work-up files, and computer programs are specifically not transferred to the User, Client or Partner, and remain the property of their respective owners unless The User, Client or Partner is owner in all or partial of these said items. Lookwhoo LLC retains the right to display graphics and other web design elements as examples of work in a respective portfolio.
While any existing imagery of a User, Client or Partner’s business/organization (such as photos and pre-existing logos) belongs to said person or business/organization, understands the website design, design elements and search engine optimized content created by Lookwhoo are the work and intellectual property of Lookwhoo LLC. In the event that a User, Client or Partner cancels partnership with us, use of website designs, design elements and optimized content without proper authorization is a violation of copyright law, and Lookwhoo will be entitled to send a cease and desist as needed.
The User, Client or Partner understands that any web hosting services may require a separate agreement, contract or Use of Terms per the chosen web hosting service. A separate agreement, contract or Use of Terms may or may not align with the work being conducted and should be reviewed with that host to ensure compatibility with the services offered for a website’s functions to be possible.
The User, Client or Partner agrees to select a web hosting service which allows Lookwhoo full access to the website and directories via FTP, Control Panel or direct server account login.
In the case that the User, Client or Partner already has a host, that said person further understands that if the current web hosting service’s operating system is other than a Unix/Linux server, standard database software if applied may not work, and providing a substitute may incur additional charges. The User, Client or Partner will be notified if the host otherwise incur differences.
Separate e-commerce, dedicated IP, SSL requirements and/or hosting plan charges could apply. These additional requirements may be detailed in your initial proposal pending the project at hand. This option may result in a separate credit card transaction or invoice fees.
Promotional plans that include a first month of discounted or free hosting will be billed upon the 1st day of the consecutive month or 30 days after initial agreement has been signed (whichever comes first), regardless if website has been publicly launched or published. The User, Client or Partner agrees to make payment within 7 business days to ensure services are not interrupted or delayed.
Shall a User, Client or Partner choose to self-manage their hosting environment with Lookwhoo’s dedicated hosting platform, it is understood and agreed that;
The User, Client or Partner may not use any shared system provided by Lookwhoo in a way that unnecessarily interferes with the normal operation of the provided system, or that consumes a disproportionate share of the resources of the system. Note: the use of more than 10,000 inodes per GB on any account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended.
The User, Client or Partner also agrees that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
Lastly, the User, Client or Partner agrees, and will ensure its users agree, to act responsibly and not use the Services for any illegal or unauthorized purpose including, but not limited to:
- Hacking, phishing, spamming, identity theft, financial fraud, e-mail spoofing, virus distribution, network attacks, pirating software, harassment, using malware, spyware, copyrighted infringement under the Digital Millennium Copyright Act (“DMCA”), trademark infringement, sharing illegal software, and any unauthorized use of images, internet accounts or computers or any activity that would violate the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003.
- Intentionally or recklessly introducing any virus or other contaminating code into the Lookwhoo hosted environment.
- Content that incites violence, threatens violence, is excessively violent, or contains harassing content or hate speech.
- Distributing software that covertly gathers or transmits information about a user or any person globally.
- Distribution or any other use of copyrighted material not owned by the User, Client or Partner or business/organization’s end-user.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The User, Client or Partner agrees sole responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Lookwhoo LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the User, Client or Partner’s exercise of Internet electronic commerce.
Payment of fees
In order for Lookwhoo LLC to proceed with services, each project requires the following schedule: 50% upon signing the initial proposal/agreement, 50% upon completion when the project or website service has been constructed. Payments must be made upon receipt of invoice or via invoice terms. 50% payment due upfront is based on quoted build time once an agreement is signed. Delinquent payments may be assessed a $25 charge if payment is not received within 30 days of the due date. All completed or uncompleted projects are billed in 30 day increments from the date of when an agreement is signed and finalized by Lookwhoo, regardless if project has not yet launched publicly. Should a project be completed well within the 30 day build window, any remaining/outstanding dues will be billed for immediately. Upon completion of a project or website service, a second invoice will be sent and must be paid in full before the full release of a project or website service is made to the public. Should a monthly payment plan be chosen, and project is set to release, a second payment following 30 days from the first payment (considered the release payment) will be issued by Lookwhoo to be paid by the User, Client or Partner. Once the second “release” payment is made and processed, the project will be released publicly before a payment plan completes, which can/may include any outstanding payments for such plan. Lookwhoo, however, has the right to suspend said project or any hosted account that does not complete all payments within a timely manner for chosen plan. Case in point for any project, Lookwhoo reserves the right to remove content or services provided within an agreed scope of work from viewing on the Internet until any final payment due is made. The User, Client or Partner agrees to pay all fees incurred by that process. This agreement and project initiation becomes effective when signed by Lookwhoo and the User, Client or Partner. Signed proposals and/or an agreement will be stored on record. A copy will be provided by email or mailed per the User, Client or Partner’s request within 2 business days of being signed. (Please allow USPS mail delivery times, 2-7 days)
Should the User, Client or Partner fail to respond in communication within 30 days of project completion according to the proposed details or deadline, and the 50% final payment has already been be issued for invoice, Lookwhoo reserves the right to remove or hold content until payment is made.
When the User, Client or Partner chooses a recurring Maintenance Plan with a build Option Service package, that plan will take full effect on or within no more than 30 days of a project’s final completion payment invoice date. All Maintenance plan payments are scheduled on the 1st of each month or on a date that reflects 30 days from the date the final project invoice is sent.
All payments are made in U.S. funds via Lookwhoo’s secure credit/debit card processing portal. Payment by check is discouraged, however should a payment be absolutely necessary via a paper check, a separate $8.00 processing charge will apply.
*Any plan including future web maintenance or updates will not be fulfilled if outstanding payment(s) occur. Maintenance plans and update services will resume once any outstanding payment(s) have been paid in full.
Limited Refund Policy
Within an exception, the User, Client or Partner halts or cancels work and applies by registered letter for a refund within 15 days from the date the payment was made and signed via the initial proposal or agreement, to Lookwhoo, a limited refund shall be granted. If, at the time of the request for refund, work has been completed within or beyond the amount covered by the initial 50% payment, the Client shall be prorated a refund or may be liable to pay for all work completed at an hourly rate if the 50% threshold has been exceeded by work already completed. No portion of this initial payment will be refunded unless written application is made within the stated 15 days of initial agreement via the contract, agreement or the signed proposal, whichever comes first. The undersigned agrees to the terms of said agreement on behalf of his or her personal usage, organization or business.
Lookwhoo does not warrant that the functions contained in these web pages or the Internet website will meet the User, Client or Partner’s requirements should technical issues arise that are out of Lookwhoo’s control or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with User, Client or Partner. In no event will Lookwhoo LLC be liable to the User, Client or Partner for any third party damages or issues including items such as hosting outages or changes, email service disruptions, search engine accuracy, unintentional third party behaviors that interact with the work already performed and for any other damages pertaining to the completed work at hand. By joining forces with Lookwhoo, the User, Client or Partner also agrees that in no event will Lookwhoo LLC be held accountable for any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate any web pages or website created or maintained, even if Lookwhoo has been advised of the possibility of such damages. If any provision of an agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of any remaining provisions. The User, Client or Partner also must recognize that any pre-made payment processed by Lookwhoo, understands may be non-refundable do to build time pertaining to as “past tense” and cannot be redeemed due to time spent on a project build. Exceptions for a Limited Refund Policy are outlined in the section above.
The agreement contained within the Agreed Terms and/or a Proposal constitutes the sole agreement between Lookwhoo LLC and the User, Client or Partner regarding services rendered and any present or future work performed. Any additional work not specified in a proposal between the User, Client or Partner and Lookwhoo LLC must be authorized by a written change order.
All prices or discounts specified, are good for 30 days from the date a proposal has been initiated. Additional changes to any proposal, including last minute add-ons, will require a new proposal/agreement as noted in Additional subjects above.
Both parties understand pricing specified in a proposal will be honored for the chosen duration or work that is performed and is subject to change with or without notice.
Both parties also understand that a pricing rate specified within a recurring maintenance plan is subject to change at will anytime during the duration of the ongoing plan due to unpredictable costs of doing business, such as 3rd party price increases, inflation costs or local tax increases. Should a maintenance plan rate change occur, the User, Client or Partner will receive a 30 day notice in writing for any recurring price increases.
Cancellation of Services
By cancelling with Lookwhoo LLC and all related services, depending on level of the cancellation request, the User, Client or Partner understands that some or all services will be deactivated from its current server along with all features by the last day listed on the original agreement for services or within 30 days of the cancellation request. Levels of services may include such features as the current website being hosted by Lookwhoo, email accounts, domain services, SEO optimization, marketing, consultation and/or the chosen maintenance plan as applicable.
All cancellations of service must be submitted in writing by the User, Client or Partner. At no exception will it be assumed by Lookwhoo LLC, that the client is cancelling services, should there be a lack of communication while services are being billed for. This also includes any expiration of 3rd party services such as a domain name owned by the User, Client or Partner that is not directly serviced by Lookwhoo LLC, whereas an expired domain may stop the hosted website from fully functioning. This also may include any external force that causes termination of an API connection which are channeled into a website where the User, Client or Partner pays for a recurring service hosted on Lookwhoo LLC’s hosted platform and however said API connection that may result in a temporary or permanent website or app outage, the User, Client or Partner being billed for use on Lookwhoo LLC’s platform, is still required to full-fill each billing cycle until a written termination of services is submitted. This is in part because a website hosted directly with Lookwhoo LLC, continues to run resources on the User, Client or Partner’s server account, even should there be a domain or 3rd party disconnect. All billed services will continue until the Client or an official representative of the Client submits termination of services.
Should Lookwhoo fully manage a User, Client or Partner’s web hosting and domain, and said person or organization requests a full cancellation of these services, a $50 domain and hosting transfer charge will apply before an account can be fully released.
Please contact Lookwhoo LLC if you have any questions about these Terms of Service or general information by visiting our Contact page or emailing firstname.lastname@example.org.
Last Edited on 01-03-2021