Terms & Conditions
Last Updated: 1/19/2025
Welcome to Microwebsite.NET. By engaging our web development services, you agree to abide by the following terms and conditions. We ask you to read them carefully.
1. Agreement
This Agreement (“Agreement”) constitutes the entire understanding between Microwebsite LLC (“Microwebsite.NET,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) for the services described herein. By engaging Microwebsite.NET for any services, you acknowledge and agree to be bound by these Terms and Conditions.
- Services
Microwebsite.NET provides website design, development, and hosting services (collectively, “Services”). Specific services may include:
- Website design and development
- Website hosting and maintenance
- Domain name registration and management
- Content creation and management
- Search Engine Optimization (SEO) services
- E-commerce solutions
- Other related services as may be mutually agreed upon in writing.
- Client Responsibilities
- Provide Information: Client shall provide Microwebsite.NET with all necessary information, materials, and approvals in a timely manner.
- Access and Security: Client is responsible for maintaining the confidentiality of their account credentials.
- Content: Client is solely responsible for the content of their website and warrants that it does not infringe on any third-party rights or violate any applicable laws.
- Monitoring of Changes: Client acknowledges and agrees that Microwebsite.NET may modify these Terms and Conditions and/or the Services at any time, without prior notice. The latest version of the Terms and Conditions will be posted on https://www.microwebsite.net. It is the Client’s sole responsibility to regularly review these Terms and Conditions for any changes. Continued use of the Services after any changes constitutes acceptance of the new Terms and Conditions.
- Fees and Payment
Subscription Fees: Client agrees to pay Microwebsite.NET the applicable subscription fees for the chosen service plan (the “Subscription Fees”). The Subscription Fees are payable on a recurring monthly/annual basis, commencing on the date of initial service activation.
Payment Methods: Subscription Fees are payable via credit card, debit card, or PayPal. Client authorizes Microwebsite.NET to automatically charge the designated payment method for recurring Subscription Fees.
Billing Cycle: The billing cycle begins on the date of initial service activation and renews automatically on the same day of each subsequent month or year.
Price Changes: Microwebsite.NET reserves the right to modify the Subscription Fees at any time. Notice of any price changes will be provided to Client at least thirty (30) days prior to the effective date of the change via email. Continued use of the Services after the effective date of a price change constitutes acceptance of the new fees.
Late Payments: If payment is not received within ten (10) days of the due date, Microwebsite.NET reserves the right to suspend or terminate the Services. A late payment fee of $25.00 may also be applied.
Refunds: Subscription Fees are non-refundable except in cases of service unavailability caused solely by Microwebsite.NET for a period exceeding twenty-four (24) consecutive hours.
- Intellectual Property
- Microwebsite.NET Work Product and Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, in and to the website design, development, code, graphics, content (excluding content provided by the Client), and all other materials created by Microwebsite.NET as part of the Services (the “Work Product”), shall remain the sole and exclusive property of Microwebsite.NET. This includes all source code, object code, design files, databases, and any other related materials.
- Limited License: Upon commencement of the Subscription and subject to Client’s continuous payment of the monthly subscription fee, Microwebsite.NET grants Client a non-exclusive, non-transferable, revocable license to use the Work Product solely for the purpose of operating the website hosted by Microwebsite.NET during the active subscription period. This license terminates immediately upon termination of the subscription for any reason.
- Client Content: Client retains ownership of any content they provide to Microwebsite.NET for inclusion on the website. However, by providing such content, Client grants Microwebsite.NET a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services.
- No Ownership Transfer: Client acknowledges and agrees that no ownership of the Work Product or any portion thereof is transferred to Client under any circumstances, including but not limited to the duration of the subscription.
- Hosting Services: Client understands and agrees that their website will be hosted on Microwebsite.NET’s or a third-party’s servers.
Domain Name Ownership:
- Domain Name Registration: Unless explicitly agreed upon in writing, Microwebsite.NET shall register and maintain the domain name associated with the Client’s website. The domain name shall be registered in Microwebsite.NET’s name or under its control.
- No Domain Ownership Transfer: Client acknowledges and agrees that no ownership of the domain name is transferred to Client during or after the subscription period. Upon termination of the subscription, Microwebsite.NET reserves the right to retain ownership and control of the domain name. If the client wants to purchase the domain name after termination of the contract they can do so for a price pre-established by Microwebsite.NET.
- Domain Management: Microwebsite.NET will manage all aspects of the domain name, including renewals, DNS settings, and other administrative tasks.
- Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MICROWEBSITE.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MICROWEBSITE.NET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MICROWEBSITE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MICROWEBSITE.NET’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO MICROWEBSITE.NET DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification
Client agrees to indemnify and hold Microwebsite.NET harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to Client’s use of the Services, Client’s breach of these Terms and Conditions, or Client’s violation of any applicable law or third-party rights.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
- Termination
Client Termination: Client may terminate the subscription at any time by providing written notice to Microwebsite.NET. Upon termination, Client’s access to the website and all related Services will be immediately suspended. No refunds will be issued for any unused portion of the current billing cycle.
Acquisition of Website Upon Termination and Transfer: If Client wishes to acquire ownership of the website upon termination of the subscription, Client may do so by paying Microwebsite.NET a one-time fee. This payment must be received by Microwebsite.NET within 10 days of the termination date. Upon receipt of full payment, Microwebsite.NET will transfer ownership of the website files and related assets to the Client, and will reasonably cooperate with the client in transferring the domain name if the client also decides to purchase it for a pre-established price.
Upon receipt of the required payment, Microwebsite.NET will provide the Client with a compressed archive (e.g., .zip file) containing the website files and database. Microwebsite.NET will also provide reasonable assistance in transferring the domain name to the Client’s registrar of choice upon receipt of the domain purchase price. The Client will be solely responsible for securing their own web hosting and configuring the website on their chosen server. Microwebsite.NET will not provide any further support or maintenance for the website after the transfer is complete.
Microwebsite.NET Termination: Microwebsite.NET reserves the right to terminate this Agreement and Client’s access to the Services immediately upon Client’s breach of these Terms and Conditions, including but not limited to non-payment of subscription fees.
Data Handling Upon Termination: Upon termination, Microwebsite.NET will retain website data for 1 year, after which it will be permanently deleted.
No Further Obligations: Following termination, neither party shall have any further obligations to the other, except for any obligations that expressly survive termination, such as those relating to intellectual property, confidentiality, and indemnification.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.