Terms of Use

Hours of operation; Weboptium’s standard business hours are Monday through Friday 8:00 A.M. to 5:00 P.M. Additionally, Saturday & Sunday hours may be available as needed.

When a client (corporation, proprietorship, partnership or individual) appoints Weboptium to act as a contractor on the clients behalf, for the purposed of specific developmental project or assignment, the terms and conditions listed below are in effect.

Rights & Permissions: Client has obtained all rights and permissions required in order that data, artwork, recordings, and printed materials supplied to Weboptium by client may be replicated into or onto a compact disc(s) or cassette(s); That the data, artwork, recordings and graphic or printed materials will not infringe upon any trademark, copywrite, contact, property rights and that the client has paid any and all royalties or other changes to be paid pursuant to copyright law of the United States, and any statute(s), order or other law, right or contract governing such materials, and the materials do not contain matter which is libelous, obscene, defamatory or invades the rights or privacy of any individual. In the event materials obtained by Weboptium for the purpose of assignments and project development, that require a license for production use, will be invoiced to the client prior to use. In some cases the copyright of and for creative work may remain with the outside vendor or contractor and the client will pay for a user fee for specific promotional purposes. Weboptium retains the right to use creative materials developed for clients in any future advertising.                   

Limited Warranty & No Liability for Damages: Weboptium warrants the product, deliverables and services will conform to the project or assignment specifications. A 30-day warranty is given on all work to be functional, debugged and operational as specified. In no event shall Weboptium, its suppliers, associates or business partners be liable for any damages whatsoever including however not limited to the following, special, incidental, indirect or consequential damages for personal injury, loss of business profits, business interruption, loss of business information arising out of the use of or inability to use Weboptium’s services or products. Weboptium and its suppliers, associates and or business partners entire liability under any provision of agreements shall be limited to the amount actually paid for and or to Weboptium for any services or products, exclusive of and for any amount of expenses already incurred by Weboptium. Client waives any other warranty express or implied.

Confidentially: Weboptium and client acknowledge and agree to keep all information that is exchanged within and for an assignment and or any other project, service or products as highly confidential and cannot be disclosed whatsoever, other then as needed with associates & business parties and or as expressly written and approved.

Copyright: Ownership of concepts and/or executions transfers from Weboptium to the client after the final payment has been made on / for any and all outstanding and or final invoices.

Invoicing: Itemized budgets & proposal for all assignments, projects and any actionable items for services, products or other by Weboptium will be approved prior to the start of development, and any expenditure by Weboptium. Invoicing will be based on monthly, quarterly or other terms as agreed to and approved by client. Estimates & cost are subject to change.

Late Charges: All fees, cost and expenses are due on receipt and payable when invoiced. For any invoices not paid within 30 days are subject to interest penalties of 4% per month.

Collections: If for any reason client fails to pay invoices as approved, Weboptium will be entitled to all reasonable cost of collection, including but not limited to attorney fees, court cost and all other related expenses incurred.   

Revisions: If for any reason client modifies, revises or adjust the scope or actionable items of any product, deliverable or services, the required additional hours and or additional fees will be incurred by client to cover the additional expenses.

Termination: Client reserves the right to terminate any assignment, development or actionable items, at any time, at which time Weboptium will be compensated to the completion of the current status of work and any and all expenses will be due and payable immediately. Weboptium reserves the right to terminate any assignment, development, services or actionable items without penalty and will deliver the current work on assignments and deliverables to client, pursuant to the payment for all outstanding and or current invoices for work to date and due upon invoicing.       

Governing Law: This and all agreements shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue shall be in the Manatee County, Florida Superior Courts.   

Identification of Weboptium: Client agrees the Weboptium identification may be annotated within the code as needed. Client also agrees to allow “‘Powered by Weboptium” copyright notice on the website.

Terms & Conditions: By using any and all of Weboptium’s services, products or other deliverables, client understands and agrees to all of the terms and conditions listed above.