01Agreeing to these terms
These Terms of Service ("terms") are an agreement between you and ekwebworks. They apply when you use this website, and when you send us a request through the quote form.
Before the form will send a request, it asks you to confirm that you've read and agree to these terms and our Privacy Policy. By ticking that box and sending your request, or by otherwise using the site, you agree to both. If you don't agree, please don't use the form.
02Who we are
ekwebworks is a web design and development business run by Jack Kells and Edward Sheinkein in the United States. In these terms, "ekwebworks", "we", "us" and "our" mean that business and the people who run it. "You" means the person using the site, and if you're sending a request for a business, that business as well.
03Who can send a request
You must be at least 18 years old to send a quote request. If you send one on behalf of a business or other organization, you confirm that you're allowed to act for it.
04Quote requests and quotes
- A request is not a commitment. Sending one doesn't oblige you to hire us, and it doesn't oblige us to take on your project. We may decline any request.
- A quote is an estimate. Any plan, price or timeline we send back is based on what you've told us, and may change as we learn more. It isn't a binding offer.
- Work starts with a written agreement. Scope, price, payment and timeline become binding only when we both agree to them in a written project agreement. That agreement governs the work. If it conflicts with these terms, the project agreement wins.
- Our reply time is a goal, not a guarantee. We aim to reply within one business day, but we can't promise it.
Descriptions of our services on this website are a general overview. What we'll actually deliver for you is whatever your quote and project agreement say.
05What you send us
Please make sure what you send us is accurate, and that you have the right to share it with us.
Don't put passwords, payment card numbers, government ID numbers, health information or other sensitive personal information in the form. We don't need any of it to prepare a quote.
You keep ownership of everything you send us. You give us permission to use it only to review your request, prepare a quote, and talk to you about your project. We won't publish the details of your project or share them outside ekwebworks without your permission, except as described in our Privacy Policy.
06Using the site properly
When you use this site, please don't:
- give false information, or pretend to be someone else;
- send spam, or send requests automatically or in bulk;
- try to get around the form's spam protection or its limits on how often it can be used;
- probe, scan or test the site, its server or its database for weaknesses, or try to access anything that isn't meant for you;
- send viruses or other harmful code, or do anything that disrupts the site for others; or
- use the site for anything illegal.
If you do, we may ignore your requests and block your access to the site.
07Our content
The design, text, graphics and code of this website belong to ekwebworks. The typefaces are used under their own open licenses. You're welcome to view the site and link to it, but please don't copy or reuse its content or design without our written permission.
08Other websites
This site may link to, or load resources from, websites and services we don't control. We aren't responsible for their content or how they handle your information. Their own terms and policies apply.
09No guarantees about the site
We work to keep this site accurate, secure and available, but we provide it "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties about the site, express or implied, including that it will always be available, error-free or free of harmful components, or that it will suit a particular purpose.
10Limits on our liability
To the fullest extent the law allows:
- we aren't liable for any indirect, incidental, special or consequential losses, such as lost profits, lost data or lost business, that come from using this site or the quote request process; and
- our total liability for any claim about this site or a quote request is limited to one hundred US dollars (US $100).
These limits don't apply to any liability the law doesn't allow us to limit. Work we do under a project agreement is covered by that agreement, not by this section.
11Disputes and governing law
If something goes wrong, please contact us first. Most problems are quickest to fix by talking, and we'd like 30 days to try to put things right before either of us takes formal action.
These terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law rules. Any dispute about these terms or this site will be handled by the state or federal courts located in Florida, and you and we both agree to their jurisdiction. This doesn't take away any rights you have under the consumer protection laws of the place you live.
12Changes to these terms
We may update these terms from time to time. When we do, we'll change the "last updated" date at the top of this page. Each request is covered by the version of the terms in force on the day you sent it, and we record which version that was. Using the site after an update means you accept the new version.
13The rest of the legal details
- These terms and our Privacy Policy are the whole agreement between you and us about this website and the quote request process. Any project agreement we sign later is separate.
- If a court finds part of these terms can't be enforced, the rest still apply.
- If we don't enforce part of these terms straight away, we haven't given up the right to enforce it later.
- You can't transfer your rights under these terms to someone else without our agreement. We may transfer ours if ekwebworks is reorganized, merged or sold.
14Contact us
Questions about these terms? Get in touch:
- ekwebworks@gmail.com
- Phone
- (561) 660-1725