Terms of Service

Effective Date: January 1, 2024 | Last Updated: 10/4/2025

1. Introduction and Acceptance of Terms

Welcome to Wulbern Web Wurks ("Company," "we," "our," or "us"), a digital agency specializing in web design, content strategy, SEO services, and real estate marketing operating in Northeast Florida. These Terms of Service ("Terms") govern your use of our services and constitute a legally binding agreement between you ("Client," "you," or "your") and Wulbern Web Wurks.

Jurisdiction Notice: We are a United States company operating exclusively under US law. By engaging our services from any location, you agree to be bound by US federal law and Florida state law.

By engaging our services, submitting a project request, or executing a service agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Services Provided and Scope of Work

Service Categories

  • Custom website design and development
  • Content strategy and creation
  • Search engine optimization (SEO) and digital marketing
  • Real estate marketing and MLS/IDX integrations

Project Scope Definition

Each project engagement is documented in a separate Statement of Work ("SOW") or Service Agreement that specifies deliverables, timelines, and project-specific requirements. The SOW, together with these Terms, constitutes the complete agreement between parties.

Service Limitations

We do not guarantee specific search engine rankings, traffic increases, or conversion rates. Marketing services are provided using industry best practices and white-hat methodologies.

3. Payment Terms and Project Milestones

Standard Payment Structure

Unless otherwise specified in your SOW, payment for project-based services follows our milestone structure:

40% Initial Deposit

Due upon contract execution

30% Mid-Project

Due at design approval

30% Final Payment

Due before delivery

Payment Processing

  • All deposits are non-refundable upon receipt and contract execution
  • Invoices are due within 14 days of issuance
  • Payment methods: ACH transfer, check, or credit card (processing fees apply)
  • Late payments incur 1.5% monthly finance charge or $35 minimum fee
  • Work may be suspended for accounts more than 30 days past due

Additional Work and Scope Changes

Services beyond the original scope require written approval via change order. Additional work is billed at current hourly rates. Minor revisions under $500 may proceed with email approval.

4. Intellectual Property Rights

Ownership Transfer Upon Payment

Upon receipt of full payment, ownership of custom work product transfers to you, except for:

  • Proprietary code, frameworks, or methodologies owned by Wulbern Web Wurks
  • Third-party licensed materials (subject to original licenses)
  • Rejected concepts, drafts, or unused materials

Client Materials and Portfolio Rights

Client Warranty:

You warrant ownership or appropriate licenses for all materials provided. You indemnify us against claims arising from your content.

Portfolio Usage:

We retain rights to display completed projects in our portfolio and marketing materials for business operations plus 18 months.

Content and Media Licensing

Standard licensing includes 5-year non-exclusive commercial usage rights. Exclusive rights, copyright transfers, or extended licenses available at additional cost.

5. Project Timelines and Client Responsibilities

Timeline Estimates and Client Obligations

Project timelines are estimates based on prompt client feedback. Delays in receiving content or approvals may impact delivery dates and incur additional fees.

You agree to:

  • Provide required content in specified formats
  • Review deliverables within 5 business days
  • Designate single point of contact
  • Ensure materials are legally cleared

Project Management:

  • 2 rounds of revisions included
  • Additional revisions billed hourly
  • Major concept changes = new work
  • 30-day inactive projects: $500 restart fee

6. Cancellation and Refund Policy

Client Cancellation

72 hours written notice required. Upon cancellation:

  • All deposits are non-refundable
  • Payment due for completed milestones
  • 25% kill fee of remaining project value
  • Work product remains our property until paid

Company Termination Rights

We may terminate services immediately for:

  • Non-payment exceeding 30 days
  • Violation of these Terms
  • Requests for illegal or unethical content
  • Abusive behavior toward our team

7. Warranties and Disclaimers

Service Warranty

We warrant that services will be performed professionally consistent with industry standards. Websites will function substantially as specified for 90 days post-launch, excluding third-party integrations.

NO OTHER WARRANTIES

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SEO and Marketing Disclaimers

We do not guarantee:

  • Specific search engine rankings or positions
  • Traffic volumes or conversion rates
  • Protection from algorithm changes or penalties
  • Third-party platform performance (social media, advertising networks)

8. Limitation of Liability

Liability Cap

Our maximum liability for any claim shall not exceed the total amount paid by you for the specific services giving rise to the claim.

EXCLUDED DAMAGES

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

9. Indemnification

You agree to indemnify and hold harmless Wulbern Web Wurks, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your breach of these Terms
  • Your use of our services or work product
  • Content or materials you provide
  • Violation of third-party rights
  • Your products, services, or business operations

10. Industry-Specific Terms

Real Estate Marketing

  • MLS/IDX Compliance: Services comply with MLS rules and IDX policies
  • Fair Housing: All materials comply with Fair Housing Act requirements
  • Licensing: You maintain proper licensing and MLS access credentials

11. Dispute Resolution

Governing Law

These Terms are governed exclusively by Florida law and US federal law without regard to conflict of law principles.

Venue

Disputes shall be resolved in state or federal courts located in Northeast Florida. You waive objection to jurisdiction and venue.

Resolution Process

Prior to litigation, parties agree to attempt good faith resolution through mediation under US law. Each party bears its own mediation costs.

12. General Provisions

Entire Agreement

These Terms and applicable SOWs constitute the entire agreement, superseding all prior agreements.

Severability

If any provision is deemed invalid, remaining provisions continue in full force.

Assignment

You may not assign these Terms without written consent. We may assign rights to successors.

Updates

We may update Terms with 30 days notice. Continued use constitutes acceptance.

13. Contact Information

Wulbern Web Wurks

Business Name: Wulbern Web Wurks

Location: Northeast Florida

Email: hello@alexwulbern.com

Phone: (904) 556-7483

Website: alexwulbern.com

Business Hours & Support

Business Hours: Monday - Friday, 9 AM - 6 PM EST

Response Time: 24-48 hours for general inquiries

Emergency Support: Available for active clients

Questions about Terms

Use subject line "Terms of Service Inquiry"

Wulbern Web Wurks - Luxury Web Design Services for Northeast Florida