Terms & Conditions

10COM LTD. | d/b/a 10com Web Development Web Site Design Project Contract Terms of Service

-- Updated 2/05/16

 

Please Read

You (hereinafter referred to as "you" or "Credit Card Holder" or "Client") Web Development Companies Inc. is a Delaware Corporation and parent company to 10COM Web Development. an Texas Corporation (hereinafter referred to as “10Com” or "10com Web Development" or “our”, "us" or "we"), our online general Pricing Page located HERE (hereinafter referred to as "Pricing"), written proposal (hereinafter referred to as “Proposal A-Z” or “Annexure A-Z”)

 

(A) You are consenting to our Terms and Conditions electronically. "Terms & Conditions" means this agreement (including the service & price details contained on our website also known as “Proposal A-Z” or “Annexure A-Z”), SEO Agreement, notices of change in terms relating to this agreement, new account agreements, account notifications, and any disclosures required now or in the future by applicable regulation. 

 

(B) In Lieu of this Electronic "Terms & Conditions", you have a right to request a paper copy of these Terms & Conditions before signing up. If you want an electronic copy, please talk to one of our sales Representative VIA email at sales@10comwebdevelopment.com and we will send you an electronic copy via email. You also have the right to request a previous version of these terms if they were updated after your signing and agreeing to the terms and conditions or the agreement.

 

(C) You have the right to decline this agreement and not receive them electronically. If you wish to make that choice, do not click "I agree" or Process Order or Sign (“Proposal A-Z” or “Annexure A-Z”) and do not make any payments, contact a Sales representative immediately instead. Email us at sales@10comwebdevelopment.com if you decline this agreement electronically your order will not be processed until we receive your signed agreement in electronic form.

 

(D) By stating "I agree" via email, or logging on and electronically signing “Proposal A-Z” or “Annexure A-Z”, or making Payments, you are confirming that you can access and read and agree to all of this agreement and consent to use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN).

 

(E) You may use the "Contact Us" feature to update information needed to contact you electronically. You should print a copy of this agreement and retain it for future reference.

 

For your convenience, "Terms & Conditions" consists of the following parts:

 

Authorization. Client is engaging 10com Web Development, as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider(ISP)/Web Presence Provider(WPP) computer, hereinafter refer to as "Hosting Service", or provided on diskette at the Client's option. The Client hereby authorizes 10com Web Development to access this account, and authorizes the Hosting Service to provide 10com Web Development and its employees, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. Please note: Some platforms require hosting to be secured & maintained by them if the site is built using their tools. For example, Wix, Shopify, Big Commerce, etc.

 

Development. This Web Design Project will be developed using latest version of custom PHP, Java Script, MySQL, MyPHP, CSS, AJAX, Macromedia ® Dreamweaver ® and or Wix HTML5

 

Browser Compatibility - Designing a web site to fully work in multiple browsers (and browser versions & resolutions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. 10com Web Development represents and warrants that the web site we design for you will work in:

 

• Microsoft® Internet Explorer versions 7 and up 

• Google Chrome

• Firefox 3.0 and up

• Safari

 

Accessibility for People with Disabilities – 10com Web Development standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content you provide and functions we build into our web sites are available to all visitors.

 

Assignment of Web Design Project. 10com Web Development reserves the right, and you hereby agree, to assign local or international subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as meeting the estimated completion date if one was provided.

 

Copyrights and Trademarks. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, fonts, or other artwork furnished to 10com Web Development for inclusion in the Web Design Project are owned by the Client, or that the Client has obtained explicit permission from the rightful owner to use each of these elements. This guarantee extends to fonts, which are often subject to specific licensing agreements. The Client agrees to hold harmless, protect, indemnify, and defend 10com Web Development, its employees, and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. The client assumes complete liability for all content, including but not limited to text, imagery, graphics, and fonts utilized on the website.

 

Web Site Maintenance. This agreement allows for minor website maintenance to pages over a 12 month period at a cost of $67-$355/hour, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette. The period of 12 months begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the Client's web design package includes database access using ASP or PHP, then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.

 

Prior to Transfer or Delivery of Project. The Client agrees to complete the 10com Web Development ‘Design Approval Prior to Delivery Form’ prior to taking delivery of finished product. The Client understands and agrees that if the ‘Design Approval Prior to Delivery Form’ is not filled out in full, that 10com Web Development can retain all work product until Client fulfills this obligation.

 

Shared Screen Training: Once a time for shared screen training has been set and/or agreed upon, 10com Web Development will need at least 72 hours’ notice to reschedule or cancel the appointment. If proper notice is not given in the time frame stated herein, the training session will be considered lost or used and cannot be rescheduled. A new appointment would have to be set and paid for accordingly. Shared screen training cannot be set until site is complete or until the Client states the site is complete. Once shared screen training takes place, the revision period (if any time remaining) will be considered void. Any edit requests for the site beyond the shared screen training session (if even missed during the build revision period) will be considered void. The Client agrees that if shared screen training takes place, that you accept the site as-is and understand that any further adjustments will be an extra.

 

Completion Date. 10com Web Development and the Client must work together to complete the Web Design Project in a timely manner. 10com Web Development agrees to work expeditiously to complete the Web Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable) after Client has submitted all necessary content and filled in the mandatory web design questionnaire. The Client is expected to supply 10com Web Development with complete text and graphics 'content' in an easy electronic format for this Web Design Project as soon as possible for 10com Web Development to finish the website on time. The Client is responsible to provide entire content in a timely manner and understands that 10com Web Development will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. The delays can also occur if any milestone that requires Client action, such as approving design mockups or web design changes is not acknowledged on time. This is a bilateral contract which means if the project is delayed, beyond the time specified in “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable) due to Clients inaction, such as delay in sending initial or ongoing instructions & contents, 10com Web Development may not work expeditiously to finish the project in accordance with Clients new deadlines. An additional charge at rates specified in the “Proposal A-Z” or “Annexure A-Z” whichever maybe applicable. All of our turnaround times are estimates only and NOT guarantees. Please keep in mind that there are several different things that can delay the web design process that are out of our control. The turnaround times that we give are based on actual statistics of jobs we have done in the past and are NOT guaranteed. Under no circumstances will a refund be honored for a delay in our estimated turnaround time and this should not constitute a breach of this contract.

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All estimated timelines assume timely cooperation from the client. If the client fails to respond to requests, provide materials, or approve milestones, any associated timeline obligations are waived. Client inactivity for more than 30 consecutive days shall be treated as project abandonment and is subject to full forfeiture of paid funds.

 

Project Delivery. The final web site design project will be published to the Client's hosting service upon receipt of full final payment or delivered via diskette upon the receipt of full final payment. The Client understands that if Client does not choose the hosting service provided by 10com Web Development, the Client agrees to select a hosting service which allows 10com Web Development full access to the Client's account via FrontPage® or FTP. The Client will be solely responsible for any and all hosting service charges in that case. Configuring feedback forms on sites not hosted by 10com Web Development requires additional scripting efforts and would be charged at hourly rate as specified in the Proposal A O. Client acknowledges that unless otherwise specified in writing by 10com Web Development, add-ons services will require My SQL Database Hosting on Linux Operating System.

 

Publishing:

1) 10com Web Development will Publish/Host the site on its servers if client chooses 10com Web Development to provide Hosting Service.

2) 10com Web Development will Publish/Host the site on any servers if client does not choose 10com Web Development to provide Hosting Service only if it has the full access to the Client's account via FTP.

 

Diskette: The Client assumes all responsibility for the use and functionality of the Web Design Project.

 

Electronic Commerce Laws. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend 10com Web Development, its employees and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

 

Web Design Project Copyright. The Client will be assigned rights to use the Web Design Project as a web site perpetually, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 10com Web Development and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

 

Website Content. The textual, visual, or aural content encountered as part of the user experience on websites may include, among other things, text, images, sounds, videos, animations, and fonts. The Client is expected to supply 10com Web Development with all necessary content in a complete and timely manner. This includes, but is not limited to, text, copy, forms, legal disclaimers, privacy policies, terms and conditions, images, graphics, and fonts. Failure to do so may result in project delays, for which 10com Web Development cannot be held responsible.

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The Client is responsible for providing the entire content (text, imagery, and graphics) in a timely manner and understands that 10com Web Development will not be responsible if the Web Design Project remains largely unfinished or is delayed, due to his or her own inaction. 

To facilitate project timelines, 10com Web Development may use filler text, sample images, or placeholder fonts sourced from royalty-free platforms. At no point does 10com Web Development claim authorship, ownership, or licensing rights over these temporary placeholders. The use of such placeholders is intended solely to maintain project progress and does not constitute an endorsement or confirmation of their copyright status.

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The client bears sole responsibility for providing all written content, visual assets, and project direction unless content writing services have been explicitly purchased. 10com Web Development is not responsible for sourcing, drafting, or revising content unless such services are clearly included in the signed proposal. Delays caused by missing, incomplete, or unclear content are the sole responsibility of the client and shall not constitute a failure to deliver on our part.

Client Obligation for Content Legality. It is the client's obligation to ensure, provide, and confirm that all content, including text, imagery, graphics, and fonts, is authorized for use on their website. Should the need arise for copyrighted or non-royalty-free materials, 10com Web Development offers services to assist in acquiring the necessary licenses at an additional cost.

By agreeing to these terms, the Client acknowledges their responsibility for the legality and copyright compliance of all website content, thereby absolving 10com Web Development of any related liabilities.

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The Client warrants that all content, creative briefs, login credentials, and communications provided are truthful and accurate. Any misrepresentation, fraudulent submission, or material omission that affects the project scope or approval process will constitute a breach of contract and may result in immediate termination of service.

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Written content. Please note that we do not provide subject matter experts. You should not expect the insight someone with first-hand experience would have. Our writers will use internet research to carry out your requests.

 

Images, text, video, graphics or audio files provided by 10com Web Development. Are bound to Creative Commons Deed CC0 (http://creativecommons.org/publicdomain/zero/1.0/legalcode). To the extent possible under law, 10com Web Development have waived all copyright and related or neighboring rights to these images, text, video, graphics or audio files. You are free to adapt and use the images, text, video, graphics or audio files for commercial purposes without attributing the original author or source.

 

Limitations. 10com Web Development may provide temporary placeholder/sample images, text, video, graphics or audio files for the sole purpose of keeping a project on schedule or use as examples. We cannot guarantee that you will be able to use the Image for any purpose you like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it. Furthermore, certain Images, text, video, graphics or audio files may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. 10com Web Development does not represent or make any warranties that it owns or licenses any of the temporary Images, text, video, graphics or audio files it's used, nor does it grant them. It's your responsibility to make sure that all the necessary rights, consents and licenses for the use of the Images are provided.

 

10com Web Development cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images, text, video, graphics or audio files stored in its system, archives, found on royalty-free sources, or free-to-download sources. If you want to make sure, always contact the photographers. You use the Images, text, video, graphics, or audio files supplied by 10com Web Development at your own risk!

 

You are solely responsible for the Images, text, video, graphics or audio files you have on your project. You warrant that You own all proprietary rights regarding the Images, text, video, graphics or audio files and you are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions unless such conditions are required by law.

 

You acknowledge that 10com Web Development does not allow the upload of Images, text, video, graphics or audio files that infringe on any copyright, property right, trademark, or any other applicable right.

 

You accept that even though we do our best to prevent it from happening, 10com Web Development cannot be held responsible for the misuse or abuse of any Images, text, video, graphics or audio files.

 

We also reserve the right to remove any approved Images, text, video, graphics or audio files at any time if we believe it's defective, of poor quality or infringe on any right.

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Web Design Statement: A Web Design by 10com Web Development statement with a link to www.10comwebdevelopment.com will appear on all pages in the footer of all websites designed or powered by 10com Web Development. A $500.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of 10com Web Development would be a breach of this agreement.

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Live Portfolio Disclosure Policy:
10com Web Development does not provide access to live client websites upon request. This policy exists to protect client confidentiality, honor white label partner agreements, and prevent disruption to client operations.

Our web design portfolio showcases a broad and representative selection of our work. Final ownership of websites is transferred to clients post-launch, and 10com cannot guarantee the ongoing representation or accuracy of any live site following handoff. We reserve the right to decline requests that conflict with these commitments.

 

Indemnification for Breach of Terms. You agree to indemnify and hold harmless 10com Web Development from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney's fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless 10com Web Development from and against any and all claims brought by third parties arising out of your use of the Your Website.

 

Warranty and Liability. THE WEBSITE AND THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES ON THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10cOM WEB DEVELOPMENT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. 10cOM WEB DEVELOPMENT SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES, TEXT, VIDEOS, GRAPHICS OR AUDIO FILES.

 

Payments. Payments must be made promptly based on the terms of this Web Site Design Project as specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). 10com Web Development reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, For all legal and arbitration purposes, this agreement shall be governed by the laws of the State of Texas, and all disputes shall be resolved exclusively in Tarrant County, Texas under the Federal Arbitration Act. The Client irrevocably consents to jurisdiction in Tarrant County, Texas. Client unconditionally and personally guarantees the payments. Furthermore, the Client waives any right to or claim of sovereign immunity. 10com Web Development reserves rights to report all good and bad accounts to all credit reporting agencies. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating should occur only after the full final payment is made. All payments will be made in U.S. Dollars.

 

Payment Schedule. Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and “Proposal A” or “Annexure A” or “Proposal O” (whichever is applicable),and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and 10com Web Development agree that the services described in this contract, shall be completed at a cost specified in the “Proposal A-Z” or “Annexure A-Z” (whichever is applicable). 10com Web Development Web Design requires at least 50% of the total amount due before starting work on a web site design. 10com Web Development Web Design sends all invoices via email only and all invoices are due on presentation. Final balance due upon completion (completion date is determined by the build/revision period allotted and outlined in the agreed proposal -- i.e., 2 Week Build/Revision Period provided, final payment will become due 'within' 16 days of the start date) and/or before going “live” or 45 days from the date of the accepted proposal, whichever is sooner. If payment arrangements are agreed upon and made, the client must make timely payments. If a payment is skipped, or payment method is declined the client will have FIVE (5) days to rectify the situation before interruption of services are implemented. In case any invoice is overdue for more than FIVE (5) days, 10com Web Development Web Design reserves the right to stop work without any further communication, interrupt services that are outstanding and a $100 late fee will be applied at that time a in addition to 1.5%/mo interest on outstanding balance. All payments should be made to 10com Web Development Web Design and all pricing is in US dollars. In the event a website is in default, and 10com Web Development has interrupted (taken down) the site, a reactivation fee of $67 will become due in addition to the late fee and interest. Additionally, if a reoccurring payment plan is in default due to late or nonpayment, 10com Web Development will require all outstanding amounts due (revoking the payment terms) prior to the reactivation and the turning over of the website. If emails or other subscriptions become delinquent due to nonpayment and the services is interrupted, 10com Web Development will require a setup fee in order to reactivate the service that has become delinquent. 10com Web Development reserves the right to remove payment terms offered and or set up with the client at any time for any reason.

 

Promotions, Discounts or Extras Given as a Concession. If a promotion, discount or an extra provided as a concession is applied to a project or listed within your proposal, the project must be paid as agreed or payments made as agreed within the payment terms deadlines. If a project is not completed within the allot window, payments not received as agreed or final payment is not made as agreed, any discount applied to the project or proposal will be removed and/or forfeited, and applied to the final payment or payments owed. For example, if a project received a discount due to a promotion running, or extras were provided to the project during the build by 10Com as a concession, and the agreed terms indicates, 'Final balance due upon completion and before going “live” or 45 days from the date of the accepted proposal, whichever is sooner.' payments must be made as agreed. If payments are not made 'as agreed', in addition to late fees, reactivation fees, costs and interest, the discounts and extras applied to the project will no longer be valid and the discounted or original extra amount will be applied to the outstanding balance and will become due.

 

Revision Period. The revision period is to begin upon receipt of first payment, or when client requests first rounds of revisions or site build requests. The revision period duration is listed on page TWO (2) of the proposal under the (“This Customized Website Package includes all of the following:”) Language, within the line item that reads **"Revision Period (Build/Revision period included starts at point of receiving first revision/build request)"** Each additional hour for revisions outside the revision period will be at a rate of $67/hour. If the revision period clock at the bottom of the client’s website has begun ticking down, the revision period has been initiated. All submittals of content or revision/build requests to the website MUST be made by email PRIOR to the expiration of the revision period or before the revision period clock ends, no exceptions. If the revision period states “UNLIMITED”, you will receive unlimited revisions for a period of 90 days (3 MONTHS) for the point of receiving the first deposit. If 10com Web Development offers one final submittal after the revision period expires, that final submittal null and voids all prior requests. (PLEASE NOTE: If a request was missed during the allot build/revision time, the courtesy final submittal takes precedence over all previous requests and prior requests will not be honored).

 

Extras. All extras are bound under the same terms and conditions of the original agreed proposal.

 

Refund Policy. Our refund policy works as below:

 

This Refund & Dispute Policy (“Policy”) governs all services rendered by 10COM WEB DEVELOPMENT LLC (“10com,” “we,” “us,” or “our”). By engaging our services and submitting payment, the client (“Client,” “you,” or “your”) confirms full understanding and acceptance of these terms.

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General Policy Overview

 

This Policy applies to all services including but not limited to:

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• Website design and development

• Graphic and logo design

• Content writing

• SEO and marketing

• Consulting and strategic planning

• Subscription-based or support services

 

By purchasing from 10com, you agree to be legally bound by the terms herein, which supersede any contradictory representations, expectations, or assumptions.

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Non-Refundable Nature of Custom, Intangible, and Easily Copied Goods

 

All services provided by 10com are custom, non-tangible, irrevocable, and easily copied digital goods. Due to their nature, once delivered in part or in full, these services cannot be returned, revoked, or undone.

 

Accordingly, all payments are final and non-refundable once any of the following occurs:

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• Assignment of a project manager or internal resource

• Access to client portal, workspace, or files

• Intake or onboarding forms are submitted and reviewed

• Delivery or preview of any file, layout, copy, design, or concept

• Strategy, consultation, or planning meeting is conducted

• Initiation of project communication with internal staff

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The client expressly waives all rights to dispute service value based on subjective judgment, including but not limited to perceived tone, layout, content style, or expectations not outlined in writing. Mere dissatisfaction, preference, or opinion shall not be considered a valid reason for dispute or refund.

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This policy aligns with prevailing industry standards and Federal Trade Commission (FTC) guidelines regarding digital, easily duplicated deliverables.

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Timeline Estimates and Client Responsibilities

 

Turnaround times are estimates only and rely on timely client participation. 10com is not responsible for delays caused by:

• Late content submission

• Delayed approvals

• Revision loops

• Indecision or non-responsiveness

 

Refunds or compensation will not be issued due to delays that originate from client inaction.

If the client fails to provide necessary content, feedback, or approvals within 30 days of project initiation, the project will be marked abandoned. All payments will be forfeited. A reactivation fee may apply.

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Scope of Revisions and Constructive Feedback

 

Each package includes a defined number of revisions. Revisions must be specific, actionable, and within the original scope. Statements such as “I don’t like it” without clear direction are not valid revision grounds. Additional edits beyond the scope will be billed separately.

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If the client fails to respond to revision requests within 14 business days, 10com reserves the right to mark the project as complete.

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The Client expressly waives all rights to dispute any deliverable based on subjective dissatisfaction, such as tone, layout, content style, or design preferences, provided the work meets the written scope of work or proposal requirements

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Client Input & Feedback Requirements

All content submissions, creative briefs, revision requests, and project direction must be written in the client’s own words and reflect their actual preferences, needs, and goals. Submissions generated using AI or automated tools are not accepted as valid client input and may be rejected. Revision requests must be specific, actionable, and aligned with the agreed project scope. Vague language such as "I don’t like it" or AI-generated summaries will not be considered a valid basis for revision. Delays caused by unclear or unusable feedback are the responsibility of the client.

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10com reserves the right to disregard any revision request that is vague, repetitive, generated by AI, or not submitted in a clear and actionable format.

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All content submissions, creative briefs, and revision instructions must be provided in the client’s own words and reflect genuine requirements. AI‑generated text may be rejected and is not considered valid feedback. Vague or unclear feedback such as “I don’t like it” will not qualify for additional revisions and may result in re‑submission requests.

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Communication Channels and Conduct

 

All communications must occur via the designated client portal. Phone, social media, and informal messages will not be accepted for revision or dispute purposes.

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Unprofessional conduct, excessive follow-ups, or harassment of staff may result in project suspension or termination without refund.

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Platform Limitations

 

10com builds solutions using platforms such as Wix, WordPress, and Shopify. Platform limitations or missing features beyond native capabilities are not valid grounds for dispute or refund. Clarification should be requested before purchase if custom features are needed.

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The Client acknowledges that any request falling outside the inherent limitations of the selected platform (Wix, Shopify, WordPress, etc.) is not grounds for refund, dispute, or cancellation. The Client accepts responsibility to confirm platform capabilities prior to requesting functionality.

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Deliverable Approvals and Acceptance

 

Client approval, whether by email, form, portal click, or verbal confirmation, shall be deemed final and irrevocable. Additionally, accessing, downloading, viewing, or engaging with any deliverable or asset constitutes acceptance of that deliverable as fulfilled.

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Once a deliverable has been approved or accessed, it is considered complete. Revisions after approval are subject to additional fees.

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Chargebacks, Disputes, and Fraudulent Claims

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Required Internal Resolution

 

Clients agree not to initiate chargebacks or third-party disputes without first contacting billing.payments@10comwebdevelopment.com within 7 days of the disputed item.

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Fraudulent Misrepresentation

 

Any dispute filed after service delivery, access, or approval, especially claims of “unauthorized charge” or “non-receipt,” shall be deemed fraudulent.

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10com reserves the right to:

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• Refer unpaid balances to collections

• Recover full fees including legal costs and penalties

• Report to fraud databases and authorities such as the FTC and IC3

• Enforce breach remedies under contract law

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Any chargeback or payment dispute initiated after the delivery, access, or approval of services shall be deemed a fraudulent breach of this Agreement. 10com reserves the right to recover the full standard project value, plus all legal, administrative, and collections costs, and to report such incidents to merchant processors, banks, and regulatory authorities, including the FTC and IC3.

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The client consents to 10com placing a billing hold or blocking portal access until all disputed amounts are resolved.

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Chargebacks, Damages & Breach of Agreement

Initiating a chargeback or payment dispute after services have been delivered, approved, or actively engaged with constitutes a material breach of this agreement and may result in immediate termination of services, forfeiture of access, and escalation to collections and legal remedy.

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If a client initiates a chargeback that is found to be unfounded, abusive, or fraudulent, 10com Web Development reserves the right to:

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• Submit all relevant documentation, including but not limited to timestamped approvals, IP logs, communication history, and delivered files, to any payment processor, legal authority, or collection agency as evidence;

• Recover the full invoice amount plus a 30% administrative and recovery fee to compensate for fees, time lost, and reputational harm;

• Pursue legal action or third-party collections to recover the disputed amount, associated damages, and any legal or administrative costs incurred;

• Report the incident to relevant platforms, merchant networks, and industry directories as a matter of record.

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Clients are solely responsible for ensuring any disputes filed in error are properly and promptly canceled with their financial institution. Failure to finalize cancellation may still result in financial liability, regardless of intent.

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By purchasing any service, you agree to communicate in good faith, use proper resolution channels, and honor the Terms herein. Abuse of the chargeback process is considered not only a violation of our agreement, but may constitute fraud under applicable law.

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Digital Proof and Consent

 

All interactions including approvals, file downloads, logins, access logs, and communications are digitally timestamped and IP-logged. These records constitute binding legal evidence of fulfillment.

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Client acknowledges that payment submission, form completion, file access, or portal engagement constitutes legal consent under the E-SIGN Act (15 U.S.C. §§ 7001–7031). Formal signature is not required to enforce this agreement.

 

Refund Eligibility – Limited Exception

 

Refunds may be considered only if all of the following are true:

• No project manager has been assigned

• No access to portal, files, or previews has occurred

• No planning or strategy has been initiated

• The request is made in writing within 7 calendar days of payment

 

All exceptions are discretionary and do not waive this policy for future engagements.

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Governing Law, Venue, and Jurisdiction

 

This Policy shall be governed by the laws of the State of Texas with exclusive venue in Tarrant County, Texas. All disputes are subject to binding arbitration under the Federal Arbitration Act.

Clients waive any right to jury trial, class action, or jurisdiction elsewhere.

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Policy Enforcement and Survivability

 

Failure to comply with this Policy may result in account termination, service suspension, or permanent forfeiture of files and deliverables.

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If any clause herein is held invalid, the remaining provisions shall remain in effect.

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Billing Contact

 

All billing or dispute-related communication must be submitted in writing to:
billing.payments@10comwebdevelopment.com
Please allow up to 48 business hours for a response.

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Final Acknowledgment

 

By making payment, the client:

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• Affirms this Policy has been read, understood, and accepted

• Acknowledges the irrevocable, non-refundable nature of services

• Accepts that digital acceptance is legally binding and enforceable

• Agrees that this Policy supersedes any verbal representations or assumptions

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Additionally, by submitting payment, accessing the client portal, completing any intake forms, or downloading any deliverables, the Client affirms acceptance of these Terms & Conditions. This consent is enforceable under the E-SIGN Act (15 U.S.C. §§ 7001–7031).

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Collections, Legal Recovery, and Reinstated Service Value

 

In the event of non-payment, chargeback, or default, the client agrees that:

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• All discounts or promotional pricing applied to the project will be revoked and the full standard rate for services rendered shall become immediately due

• 10com may pursue recovery through collections, legal action, or arbitration

• The client will be held liable for all costs of recovery including but not limited to:

  • Attorney’s fees

  • Collection agency fees

  • Court costs

  • Administrative handling charges

  • Interest on unpaid balances

 

​By submitting payment, the client waives all rights to retain discount pricing in the event of breach, dispute, or failure to pay.

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Web Design Statement

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A Web Design by 10com Web Development statement with a link to www.10comwebdevelopment.com will appear on all pages in the footer of all websites designed or powered by 10com Web Development. A $500.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of 10com Web Development would be a breach of this agreement.

 

Misc

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We reserve the right to refuse service to anyone at any time, for any reason.

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Anything not explicitly stated in this Refund Policy is subject to interpretation at 10com Web Development's sole and absolute discretion

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The customer understands, acknowledges, and agrees that 10com Web Development has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. The customer’s website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Some search engines and directories may take as long as 90 days, and in some cases longer, after the commencement of the plan to list and/or update the customer’s website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. 10com Web Development is not responsible for changes made to the customer’s websites by other parties that adversely affect the search engine or directory rankings of customers’ web site. SEO and marketing professional services require extensive resources, and strategy, and consume our time, and incur internal expenses. Therefore payments made for SEO and marketing services, are non-refundable.

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The undersigned hereby agrees to the terms, conditions, and stipulations of this agreement.

 

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed upon by both parties.

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The Refund & Dispute Policy published at https://www.10comwebdevelopment.com/refund-policy is incorporated by reference into these Terms & Conditions and forms a binding and enforceable part of this agreement.

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Bulk Hour Terms

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Bulk Hours. Revision or build requests can take ‘up-to’ three to five (3-5) business days to complete depending on your team’s workload, scope, and complexity of the request. Any requests made requiring a time to complete prior to three to five days from the original request will be considered expedited. No refunds on these hours in full or in part. Expedited times or costs will be determined case-by-case based on your team’s workload, scope and complexity of the request. Bulk Hours requests with a timeline prior to three (3-5) business days or requests to be made on weekends and holidays are considered expedited. Expedited time or costs will be determined on a case-by-case based on your appointed team’s workload, scope, and complexity of the request. Any requests, email communications, phone calls or any other related performance/work on a project, that are under 15 minutes, will be automatically rounded up to 15 minutes. NOTE: Bulk Hour time is used for time spent on the project, for example (but not limited to) i.e., reading and answering emails, internal project discussions, mobilizing, phone calls or phone conferences, project management, etc. Please see Refund Policy regarding Bulk Hour purchases. Expedited times are as follows: (1) Same day and Holiday requests is 1 hour, plus 4 times time. (2) Next day requests will be at 3 times time. (3) 2-day requests will be at 2 times time. (4) 3-5 day requests or longer will be at the regular time.

 

Communication Channels and Conduct
All project communications, including feedback, revision requests, approvals, and disputes, must be submitted through the official client portal. Communications sent by email, text message, social media, or any other unofficial channel will not be considered valid for fulfilling service obligations, initiating revision timelines, or resolving disputes.

 

Clients are expected to use the portal exclusively for all service-related correspondence. Continued use of unofficial communication channels may result in delays, missed requests, or, in repeated cases, project suspension or termination without refund.

All instructions submitted via the portal are logged, timestamped, and treated as the only authoritative source of project communication. The client acknowledges and agrees that the portal is the sole recognized platform for all official instructions and approvals related to their project.

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The client’s personal preference or refusal to use the client portal shall not constitute grounds for refund, cancellation, dispute, or timeline extension. By engaging our services, the client agrees to follow the official communication procedure defined herein. Failure or unwillingness to use the portal shall be considered a breach of process, and any resulting delays or miscommunications are solely the responsibility of the client.

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Any feedback or instructions sent outside the client portal after project commencement are invalid and will not affect timing or scope.

 

PLEASE NOTE: 10com Web Development's main objective is customer satisfaction. If a client opts in by taking advantage of the no-obligation design layout prior to commitment, and the client chooses to proceed forward with retaining 10com Web Development to complete the project based on the requirements received or to be submitted (verbal or written), the client acknowledges that by making first payment (deposit) it is acceptance of the quality, customer service and capability of 10com Web Development prior to commitment, therefor waiving all rights to a refund.

 

Designing Layout. Once the Advance payments are received, 10com Web Development would make a Layout exactly in accordance with Clients requirements and will make reasonable changes until the client is satisfied. Once a layout is approved, and the Client needs to change it, additional cost may be applicable on hourly bases at the rate quoted in the “Proposal A-Z” Or “Annexure A-Z”. Full flash sites are not included in the contract and would be charged additional. Music integration in the website will cost fifty US Dollars per Music; Video integration will cost fifty ($17.00) US Dollars per Video. A page would be defined by maximum of 300 words and prorated there after depending upon the applicable cost per page. There will be a maximum of five (5) pictures in a page & ten (10) outside links per page. Anything extra will be charged at five ($5.00) US Dollars per picture and five ($9.00) US dollars per link/button. Internal navigation page links will be limited to the package selected, for instance a five (5) page website will have a maximum of five (5) internal navigational links, Additional navigational links without content will be charged thirty ($30.00) US Dollars per link. As a part of web design project 10com Web Development agrees to make a standard feedback form with up to a maximum of (8) fields in lieu of (1) web design page and at no additional cost. Extra form fields will cost ten ($10.00) dollars per field. E-Commerce websites that are based on CRE Loaded Shopping Cart system and prices include Skin Customization. Client with CMS sites would have ability to change certain text and only in the content area of the website. Prices above are subject to change, www.10comwebdevelopment.com and/or the proposal will contain the most current pricing. A Web Design by 10com Web Development statement with a link to www.10comwebdevelopment.com will appear on all pages in the footer of all websites designed or powered by 10com Web Development. A $500.00 US surcharge would be payable if the link is asked to be removed. Removing the link without prior approval of 10com Web Development would be a breach of this agreement.

 

Other Professional Services. Clients who opt for website content writing assistance agrees to provide 10com Web Development ad with their content summary or highlight points. Clients who opt for article writing agree to provide 10com Web Development with relevant keywords. Articles and website content will be professionally written and will be free of any grammatical errors. 10com Web Development may charge a revision cost at hourly rate as specified in the Proposal A-Z if revision is requested after submission. Clients who buy Content Management System-based web design understand that such websites are done in the Wix Editor unless otherwise mutually agreed in writing. Clients who opt for video actor service agree to provide an exact draft of the matter and understand that a re-shooting fee of $300/video will apply in case of any changes after the shoot.

 

Logo Designs. File formats for logo designs are PSD, PNG & JPG and will be provided upon request, all other file formats are at an additional cost. There are only three (3) revisions to a logo, an exception is made in a circumstance where 10com Web Development designers completely missed a requested revision, or a detail within one of the revision requests. Please note, if the Client does not provide any design input (leaving full creative control to 10com Web Development designers) prior to the first version of the of the logo being developed, runs the risk of losing one (1) valuable revision opportunity. We highly suggest you provide 10com Web Development designers with as much information as possible, in order to ensure the logo can be complete to your expectations.

 

Privacy, Personal Information Protection. 10com Web Development is serious about the protection of its employees, shareholders or its partner’s personal information being disclosed to the public, and has adopted policies in order to protect that privacy. 10com Web Development has policies and procedures in place for the sole purpose of protecting the privacy and safety of its employees, shareholders and partners. 10com Web Development, its shareholders and employees, may use employee numbers, aliases, pseudonym or alternate titles in order to protect their privacy and safety and the privacy and safety of the company. 10com Web Development, its shareholders, employees and subcontractors will use aliases or pseudonyms for its WhiteLabel partners, in order for 10com Web Development to remain transparent to partner’s clientele. The use of aliases, pseudonym or alternate titles, is strictly for protection and safety of 10com Web Development shareholders, employees, partners and its subcontractors, and not intended to mislead or misrepresent. 10com Web Development shareholders, employees, partners and its subcontractors using aliases, pseudonym or alternate titles state true facts and deliver on all promises made on the 10com Web Development behalf.

 

Telephone Monitoring, Recording and Contacts. 10com Web Development may choose to monitor and/or record telephone calls with Business and its owners, employees or agents without further notice. These calls are monitored and/or recorded solely for evaluation by supervisors, training, monitoring for compliance purposes, collections, and quality control. By agreeing to Proposal A-Z, you agree that any calls between 10com Web Development or its agents and representatives and you or a representative of your business may be monitored and/or recorded for these purposes. The Client further agrees that: (i) it has an established business relationship with 10com Web Development and may be contacted from time to time regarding project status or payment related issues; (ii) such contacts are not considered unsolicited or inconvenient; and (iii) any such contact may be made using any cellular or other telephone number that Business or its representative has provided to 10com Web Development, using any e-mail address the Client or its representatives have provided to 10com Web Development, or using an automated dialing and announcing or similar device, unless prohibited by law. This authorization is binding upon Client agreeing to the proposal or making first payment and will not be deemed withdrawn or revoked should 10com Web Development determine not to continue future projects with the Client.​​