The following terms and conditions apply to all Website Development, Design , SEO or other services provided by Besavant Inc. (Besavant Web Design) unless stated differently in the invoice.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate or pays an invoice then the Client will be deemed to have satisfied themselves as to the applicable terms and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Besavant Web Design are defined in the project estimate and/or invoice the Client receives via e-mail. Quotations are valid for a period of 10 days. Besavant Web Design reserves the right to alter or decline to provide a quotation after a period of 10 days.

3. Client Review

Besavant Web Design will provide the Client with an opportunity to review the site and provide feedback during the design, development and deployment phases. Once the original scope of work is completed it will be deemed to be accepted and approved.

The client agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact us immediately via e-mail or telephone.

4. Payment

Invoices for web design and development projects  require: 50% to get started and 50% upon final approval before the site is launched. Invoices are sent via email and are due upon receipt.

5. Additional Expenses

Client agrees to reimburse Besavant Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

6. Web Browsers

Besavant Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers including Firefox, Chrome, Safari, and Edge). Client agrees that Besavant Web Design cannot guarantee the exact same functionality with all browsers across different operating systems.

Besavant Web Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Besavant Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

7. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for all work completed up to the date of the first notice of cancellation for payment.

Refund Policy 

In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless Besavant, Inc. cancels or terminates your Contract for a reason other than your breach or non-performance.

8. Indemnity

All Besavant Web Design services may be used for lawful purposes only. You agree to indemnify and hold Besavant Web Design harmless from any claims resulting from your use of our service that damages you or any other party.

9. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Besavant Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Besavant Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Besavant Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Besavant Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

10. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

11. Governing Law

This Agreement shall be governed by the courts of Cobb County, Georgia.

12. Liability

Besavant Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Besavant Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

13. Disclaimer of Warranties

EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, BESAVANT HEREBY DISCLAIMS ALL WARRANTIES OF EVERY NATURE, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. BESAVANT DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. BESAVANT MAKES NO WARRANTY AS TO TRANSMISSION OR SPEEDS OF ANY NETWORKS.  BESAVANT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT WORDPRESS THEMES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BESAVANT DOES NOT GUARANTEE THAT THEMES WILL WORK IN ALL BROWSERS, NOT DOES BESAVANT GUARANTEE THAT ITS THEMES WILL BE FUNCTIONAL IN ALL VERSIONS OF WORDPRESS, OR THAT THEY WILL BE COMPATIBLE WITH ANY THIRD-PARTY PLUGINS, SCRIPTS OR APPLICATIONS.

14. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

Last updated: December 2018