Existing and new clients of WebCreate.com, LLC, are bound by the following Website Development and Hosting Service Terms, effective October 16, 2023.

Website Development and Hosting Service Agreement Between WebCreate.com, LLC and Its Clients

Website Development Service Agreement is automatically executed by Client upon Client's approval of the services and the costs as provided by WebCreate.com, LLC. An agreement can be in writing in form of a Website Development Service Agreement or via e-mails.

Definition of Parties in Agreement

  1. WebCreate.com, LLC: A company that provides various digital services including, but not limited to, website development, website hosting, email server services, and data hosting. In this agreement, "WebCreate.com, LLC" refers to the service provider.
  2. Client: The individual, business, or entity that has entered into an agreement with WebCreate.com, LLC to receive and pay for the aforementioned digital services. The term "client" denotes the service recipient in this agreement.


  • Agreement: Refers to the entire content of this Agreement, including the Work Product, cost estimates, and any other designated supplements, exhibits, schedules, or attachments.
  • Client Properties: Refers to all materials, information, photography, writings, and other content provided by the Client for use in the Work Product.
  • Developer Properties or WebCreate.com Properties: Refers to the Work Product, excluding the Client Properties.
  • Copyrights: Refers to the property rights in original works of authorship as defined under U.S. Copyright Law.
  • Work Product: Refers to the services and deliverables specified in the Service Agreement to be provided by the Website Developer to the Client.
  • Website Developer Tools: Refers to the design tools and software used by the Website Developer, including source code, web authoring tools, fonts, and other software and concepts related to website design.
  • Final Product or Art: Refers to the creative content developed or commissioned by the Website Developer for the Project, including visual designs, graphic elements, illustrations, photography, video, animation, sounds, typographic treatments, and layout.

Compensation and Term

WebCreate.com shall be compensated as described in the provided “Website Development Estimate.” Any change in scope, up or down, shall be reflected in the final bill upon completion of the project. A down payment of 50% of the estimated total development cost to be paid to WebCreate.com at project commencement. The remaining 50% to be paid upon delivery of the project to Client. In case of work stoppage caused by a client for any reason, WebCreate.com, LLC will bill Client for the actual work performed up to the stopping point within 5 days from the project’s stopping point.

  • Typical payment schedules:
    • 50% deposit, 30% milestone payment and 20% upon completion
    • 50% deposit and 50% milestone payment or upon completion
  • Terms: 10 days after the invoice is sent
  • Preferred payment method: check, wire transfer/EFT, or credit card. If you choose to pay with a credit card, we apply a 3.1% surcharge to cover the exact amount deducted by the credit card processing company from the total. To avoid this fee, please mail your payment to the address provided on the invoice.To avoid this fee, mail a check instead.
  • Late payment policy: 1.5% monthly interest
  • WebCreate.com, LLC may require pre-payment for work for a Client with history of late payment(s)

The client is responsible for payment for services rendered up to any point of interruption caused by their actions, such as failing to provide necessary assets or materials for the website. This applies if the interruption lasts longer than 5 business days.

Restrictions on Using Our Work Products

We value our clients and respect their freedom to express themselves and represent their organizations online. However, the security of others and the integrity of our servers and services are paramount. By using our products and services, you commit to the following guidelines:

  1. Usage Limits:
    • You must not utilize any product or service from WebCreate.com in ways that:
      • Violate these Terms or any other agreements related to our Products.
      • Are illegal, deceptive, discriminatory, or fraudulent.
      • Share content that you lack the rights or permissions for.
      • Infringe upon the rights of others, including intellectual property rights (e.g., copyright or trademark violations). Exceptions might apply if sanctioned by law.
  2. System Integrity:
    • Avoid introducing viruses or malicious code, sending spam, or any activities that may disrupt, slow down, or compromise the quality, functionality, or appearance of our services and systems.
  3. Data Access and Usage:
    • Do not extract data from our products using automated tools without our explicit consent or access data not meant for you.
    • Do not solicit, gather, or misuse Product usernames, passwords, or access tokens.
    • Any data acquired from us or through our services must not be sold, licensed, or bought.

We ask that you act responsibly and ensure that your actions don't adversely affect others or our services.

Website Security and Software Maintenance

If your website poses a security threat due to outdated software, particularly those built on Content Management Systems like WordPress, Drupal, Joomla, and similar platforms, we will promptly propose a solution through our billable services to update the software. If you opt not to implement these necessary updates, leaving your website vulnerable and jeopardizing the security of our platform and other users, we reserve the right to suspend your web hosting account immediately.

Term and Termination

Website Development and Hosting Service Terms or Website Development and Hosting Service Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:

  • becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
  • breaches any of its material responsibilities or obligations under the Website Development and Hosting Service Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.

In the event of termination, WebCreate.com, LLC shall be compensated for the services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by WebCreate.com, LLC or its agents as of the date of termination, whichever is greater; and Client shall pay all expenses, fees, out of pockets together with any agreed upon additional costs incurred through and up to, the date of cancellation.

Account Termination and Recovery Policy for Overdue Payments

WebCreate.com, LLC retains the right to terminate any Client account—including website development, hosting, email server services, data hosting, and all other services—should the account violate these Terms and/or become overdue by 20 days or more. In such instances, WebCreate.com, LLC will notify the Client via email regarding the impending termination. The Client will have a 14-day period to retrieve, export, and transfer any assets held by WebCreate.com, LLC. This includes transferring services either managed for, or on the client's behalf, such as domain names, domain records, MX/mail records, and third-party services like CloudFlare, Google Analytics, CAPTCHA, Google Maps, Google Search Console, UptimeRobot, among others. Should the client require assistance with exporting assets or transferring services, WebCreate.com, LLC may charge a fee for these services. If the account remains unpaid, WebCreate.com, LLC will terminate it 15 days after sending the termination notice. The Client acknowledges that WebCreate.com, LLC is not liable for any loss of data, assets, or potential business losses due to account termination resulting from the client's non-payment. Furthermore, the Client consents to WebCreate.com, LLC initiating collection procedures for accounts overdue by 30 days or more.

Client's Responsibility for the Accuracy and Reliability of Provided Materials

The Client is solely responsible for the accuracy and reliability of materials provided to the Developer. In the event of loss or corruption, the Client is responsible for providing new copies. Any additional work required due to improperly functioning provided materials may result in extra charges.

When a Client provides information, textual content, visual content, data, software, images, media, custom programming, etc. to WebCreate.com, LLC, the Client is solely responsible for those items. WebCreate.com, LLC will assume that the items provided are only copies of the originals.  In the event of data loss, software corruption, unrecoverable information, or hardware failure, the Client will be solely responsible for providing new copies of the item(s) to WebCreate.com, LLC.  

 If items provided to WebCreate.com, LLC do not function correctly, require additional research to make them functional, or add extra billable hours to a project, the Client will be responsible for the hourly costs incurred in addition to the quoted project price.  WebCreate.com, LLC will notify the Client and wait for the Client’s approval prior to performing work outside the scope of the Website Development Estimate or Website Development Service Agreement.

If the Client decides not to correct the issues presented by WebCreate.com, LLC within three business days, the project delivery dates may be changed, the project may be cancelled under the terms of the cancellation policy listed above, or the project may be considered completed.

Content Provided by the Client to WebCreate.com, LLC or Content Published by the Client on the Website Hosted and/or Managed by WebCreate.com, LLC

As our Client you may submit video, illustrations, photographic and textual content, which are collectively referred to as Client Content. Whether or not such Client Content is published, WebCreate.com, LLC guarantees confidentiality with respect to any Client Content.

Client shall be solely responsible for the content it provided to WebCreate.com, LLC or posted on its website(s) and the consequences of posting or publishing the content. In connection with Client content, Client affirms, represents, and/or warrants that: it owns or has the necessary licenses, rights, consents, and permissions to use and authorize WebCreate.com, LLC to use all patent, trademark, trade secret, corporate information, copyright or other proprietary rights in and to any and all Client content to enable inclusion and use of the Client content in the manner contemplated by the website and these Website Development Service Terms.

In connection with Client content, Client further agrees that it will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Client is the owner of such rights or have permission from their rightful owner to post the material and to grant WebCreate.com, LLC all of the license rights granted herein.

Client agrees to defend, indemnify and hold harmless WebCreate.com, LLC, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the web site produced and/or managed by Web Developer; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Client Content caused damage to a third party. This defense and indemnification obligation will survive these Website Development Service Terms and your use of the web site produced and/or hosted by WebCreate.com, LLC.


As between the WebCreate.com, LLC and Client, WebCreate.com, LLC will at all times be and remain the sole and exclusive owner of the Developer Properties, defined herein as any property or tools used to make the website or website-related project (media, video, image, photo, script, software, app, formula).  Except as expressly authorized in this Agreement, Client will not copy, modify, distribute or transfer (by any means), display, sublicense, rent, reverse engineer, de-compile or disassemble the Developer Properties.

WebCreate.com, LLC shall retain all of its rights in its own proprietary information, including, without limitation, its methodologies and methods of analysis, ideas, concepts, expressions, know how, methods, techniques, skills, knowledge and experience possessed by WebCreate.com, LLC prior to, or acquired during the performance of this agreement and WebCreate.com, LLC shall not be restricted in any way with respect thereto.
WebCreate.com, LLC hereby grants to Client the exclusive, non-sublicenseable, perpetual, and worldwide right and license to use, reproduce and display the Work Product solely in connection as defined in this Website Development Service Agreement and in accordance with the various terms and conditions of this Website Development Service Agreement.

Intellectual Property.  If either party (the "Indemnitee") promptly notifies the other (the "Indemnitor") in writing of a claim against Indemnitee that any of the WebCreate.com, LLC properties or Client properties infringes a presently existing proprietary right of a third party, and if Indemnitee specifies in such notice that the claim is based to any extent upon an alleged infringement by any portion of Indemnitor's properties, the Indemnitor, with respect to and the extent of the portion of the claim pertaining to the Indemnitor's properties, shall indemnify and defend such claim at its expense and pay any costs or damages, including any attorney's fees and/or expert witness or consulting fees, that may be incurred or finally awarded against the Indemnitee.

Client's Responsibility for the Accuracy and Reliability of Provided Materials

When Client provides information, data, software, images, videos, other media, custom programming, etc. to WebCreate.com, LLC, the Client is solely responsible for those items.  Developer will assume that the items provided are only copies of the originals.  In the event of data loss, software corruption, unrecoverable information, or hardware failure, the Client will be solely responsible for providing new copies of the item(s) to WebCreate.com, LLC.  

If items provided to WebCreate.com, LLC do not function correctly, require additional research to make them functional, are inaccurate, or add extra billable hours to a project, the Client will be responsible for the hourly costs incurred in addition to the quoted project price.  WebCreate.com, LLC will notify the Client via email or through the Project Management Site (Tasks or Tickets) of work outside the scope of the original estimate.

Limitations of Liability
WebCreate.com, LLC's liability is limited to the policy limits of its professional liability insurance. WebCreate.com, LLC shall not be liable for failure or delay due to circumstances beyond its control.

Disclaimer of Warranties
Except for the warranties expressly set forth in the Agreement, all services are provided on an "as is" basis. WebCreate.com, LLC disclaims any other warranties, including those of merchantability and fitness for a particular purpose.