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Terms of Service

Last Updated: March 1, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Whistol ("Company," "we," "us," or "our") concerning your access to and use of our website and services.

By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.

2. Services

Whistol provides web design, development, SEO, digital marketing, and related services ("Services"). The specific scope of Services will be outlined in individual project agreements or service contracts.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

We reserve the right to terminate accounts that violate these Terms or are inactive for extended periods.

4. Intellectual Property Rights

Our Property

Unless otherwise indicated, our website and all content, features, and functionality (including but not limited to text, graphics, logos, images, and software) are owned by Whistol and are protected by copyright, trademark, and other intellectual property laws.

Client Work Product

Upon full payment for services rendered, clients retain ownership of the final deliverables created specifically for them. We retain the right to:

  • Display completed work in our portfolio
  • Use project details as case studies
  • Reference client relationships (with permission)

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your business purposes, subject to these Terms.

5. Payment Terms

Payment terms will be specified in individual project agreements. General payment terms include:

  • Project-Based Services: Typically require a deposit (usually 50%) before work begins, with the balance due upon project completion
  • Monthly Services: Billed on the first of each month, payable within specified terms
  • Late Payments: Accounts overdue by 30 days may be subject to late fees and service suspension
  • Refunds: Refund policies vary by service type and are detailed in individual agreements

All fees are non-refundable unless explicitly stated otherwise in writing.

6. Client Responsibilities

To enable us to provide quality services, clients agree to:

  • Provide timely access to necessary materials, accounts, and information
  • Respond to requests for feedback and approvals within agreed timeframes
  • Provide accurate and complete information
  • Maintain backups of their data and content
  • Comply with all applicable laws and regulations

Delays caused by client non-responsiveness may result in project timeline extensions and additional fees.

7. Project Revisions and Changes

Project agreements typically include a specified number of revision rounds. Additional revisions or substantial changes to project scope may incur additional fees.

Change requests must be submitted in writing. We will provide a written estimate for any additional work required.

8. Service Level and Guarantees

While we strive to deliver high-quality services, we cannot guarantee specific results such as:

  • Search engine rankings or traffic increases
  • Conversion rates or sales figures
  • Social media engagement or follower growth
  • Specific ROI or business outcomes

Our commitment is to apply industry best practices and deliver professional services aligned with agreed-upon strategies.

9. Prohibited Uses

You agree not to use our Services to:

  • Violate any laws or regulations
  • Infringe upon intellectual property rights
  • Transmit harmful, offensive, or illegal content
  • Engage in fraudulent or deceptive practices
  • Distribute malware or engage in hacking
  • Spam, harass, or abuse others
  • Impersonate any person or entity

10. Termination

Either party may terminate services with written notice as specified in individual agreements. Termination does not relieve clients of payment obligations for work completed or services rendered up to the termination date.

We reserve the right to terminate or suspend access to our Services immediately, without prior notice, for conduct that violates these Terms or is harmful to our business or other users.

11. Limitation of Liability

To the maximum extent permitted by law, Whistol shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from:

  • Your use or inability to use our Services
  • Any unauthorized access to or use of our servers
  • Any interruption or cessation of Services
  • Any bugs, viruses, or harmful code transmitted through our Services

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Whistol and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you provide to us

13. Dispute Resolution

Any disputes arising from these Terms or our Services shall first be resolved through good-faith negotiations. If negotiations fail, disputes may be resolved through binding arbitration or mediation as agreed upon by both parties.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us:

Whistol

Email: info@whistol.com

Phone: (404) 981-3519

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