Terms of Service - Ehaby
Information We Collect
Introduction and Acceptance of Terms
Welcome to Ehaby. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Ehaby (“we,” “us,” or “our”) governing your use of our services. By engaging with Ehaby’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, please do not engage our services. We reserve the right to modify these Terms at any time, and any changes will be effective immediately upon posting on our website. Your continued use of our services following any modifications constitutes acceptance of the updated Terms.
Services Provided
Ehaby provides the following professional services:WordPress Development & Management: Website design, development, customization, maintenance, plugin integration, theme development, security updates, performance optimization, and ongoing support for WordPress-based websites. Klaviyo Email Marketing: Email campaign strategy, design and development, automation workflows, list management, segmentation, A/B testing, analytics reporting, and ongoing optimization for email marketing campaigns using the Klaviyo platform. Video Editing Services: Video content editing, color correction, audio enhancement, motion graphics, transitions, subtitles, format conversion, and post-production services for various video content types.
The specific scope, deliverables, timelines, and pricing for each project will be outlined in individual Service Agreements, proposals, or contracts that reference these Terms.
Client Responsibilities
To ensure successful project completion, clients agree to:
- Provide accurate, complete, and timely information, content, assets, and materials necessary for project completion
- Respond to requests for feedback, approvals, or clarifications within the timeframes specified in the project agreement
- Ensure they have the legal right to use and authorize us to use all materials, content, images, videos, and assets provided
- Provide access to necessary platforms, accounts, hosting environments, and third-party services required for service delivery
- Maintain active communication throughout the project duration
- Review and approve deliverables within the agreed-upon timeframe
Failure to fulfill these responsibilities may result in project delays, additional costs, or project suspension without liability to Ehaby.
Payment Terms
Pricing: All prices are quoted in USD (or the currency specified in the project agreement) and are subject to the terms outlined in individual proposals or contracts. Payment Schedule: Payment terms will be specified in each project agreement and may include upfront deposits, milestone payments, or full payment upon completion. Invoicing: Invoices will be sent electronically and are due within the timeframe specified on the invoice (typically 7-14 days unless otherwise agreed). Late Payments: Accounts not paid within the specified period may be subject to a late fee of 1.5% per month (or the maximum allowed by law) and may result in suspension of services until payment is received. Refund Policy: Due to the custom nature of our services, refunds are generally not provided once work has commenced. Specific refund terms will be outlined in individual project agreements. Additional Costs: Any expenses incurred on behalf of the client (such as stock assets, premium plugins, third-party services, or platform fees) will be billed separately or added to the project invoice with prior approval.
Project Timeline and Deliverables
Project timelines and deliverables will be specified in individual project agreements. While we strive to meet all deadlines, timelines are estimates and may be affected by:
- Delays in client feedback or approval
- Scope changes or additional requests
- Technical issues beyond our control
- Third-party service disruptions
- Force majeure events
We will communicate promptly regarding any anticipated delays and work diligently to minimize their impact.
Revisions and Scope Changes
Each project agreement will specify the number of revision rounds included. Additional revisions beyond the agreed-upon number may incur additional charges.Scope Changes: Any requests that fall outside the original project scope will be considered additional work and may require a revised timeline and additional fees. We will provide a written estimate for approval before proceeding with out-of-scope work.
Intellectual Property Rights
Client-Provided Materials: You retain all ownership rights to content, materials, and assets you provide to us. By providing these materials, you grant Ehaby a non-exclusive license to use them solely for the purpose of delivering the agreed-upon services. Work Product: Upon full payment, you will own the final deliverables as specified in the project agreement. However, Ehaby retains ownership of all preliminary concepts, drafts, working files, methodologies, processes, and any pre-existing intellectual property used in creating the deliverables. Third-Party Elements: Some deliverables may incorporate third-party elements (such as stock photos, fonts, plugins, or templates) that are licensed rather than owned. You will be responsible for ongoing licensing fees for any such elements, and usage rights are subject to the original license terms. Portfolio Usage: Unless explicitly prohibited in writing, Ehaby reserves the right to display completed work in our portfolio, marketing materials, case studies, and promotional content.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of our business relationship. This obligation extends beyond the termination of services and excludes information that is:
- Already publicly available
- Independently developed without using confidential information
- Rightfully obtained from third parties without confidentiality obligations
- Required to be disclosed by law
Website Maintenance and Support
For WordPress services specifically:Website Security: While we implement industry-standard security practices, no website is 100% secure. You are responsible for maintaining secure passwords and access credentials. Backups: We recommend regular backups. Unless a maintenance plan includes backup services, you are responsible for maintaining your own backup system. Hosting: You are responsible for maintaining adequate hosting services. Ehaby is not responsible for hosting-related issues unless hosting is specifically managed by us under a separate agreement. Updates: WordPress core, theme, and plugin updates may be performed as part of maintenance services. We will test updates when possible, but occasional compatibility issues may occur.
Email Marketing Compliance
For Klaviyo Email Marketing services:Compliance Responsibility: You are solely responsible for ensuring compliance with all applicable email marketing laws and regulations, including but not limited to CAN-SPAM, GDPR, CASL, and other relevant legislation in your jurisdiction. List Quality: You must ensure that all email addresses in your lists have provided proper consent to receive marketing communications. Content Responsibility: You are responsible for the accuracy and legality of all content included in email campaigns. Platform Account: You must maintain an active Klaviyo account in good standing. Ehaby is not responsible for any platform-related issues, suspensions, or account terminations.
Video Content Rights
For Video Editing services:Source Material: You must own or have proper licensing for all video footage, images, music, and other elements you provide for editing. Music and Sound: If you require licensed music or sound effects, you are responsible for obtaining proper licenses unless otherwise agreed. Final Format: Final video deliverables will be provided in the formats specified in the project agreement. Additional format conversions may incur additional fees. Raw Footage: We are not responsible for storing or maintaining your raw footage beyond the project completion unless a retention period is specified in the agreement.
Warranties and Disclaimers
Service Quality: We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No Guarantees: While we strive for excellence, we do not guarantee specific results, including but not limited to website traffic, search engine rankings, email open rates, conversion rates, or video performance metrics. Third-Party Services: We are not responsible for the performance, availability, or policies of third-party services, platforms, or tools (including WordPress.org, Klaviyo, hosting providers, or other integrated services).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EHABY’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO EHABY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL EHABY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF EHABY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Ehaby, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Your breach of these Terms
- Your violation of any law or regulation
- Your violation of third-party rights, including intellectual property rights
- Content, materials, or instructions you provide to us
- Your use of deliverables provided by Ehaby
Termination
By Client: You may terminate services at any time by providing written notice. You will be responsible for payment for all work completed up to the termination date, plus any non-refundable expenses incurred. By Ehaby: We reserve the right to terminate services immediately if you:
- Fail to make timely payments
- Breach these Terms
- Provide false or misleading information
- Engage in abusive, threatening, or inappropriate behavior toward our team
- Request services that violate laws or regulations
Effect of Termination: Upon termination, all outstanding payments become immediately due. We will deliver completed work portions upon receipt of payment. Confidentiality obligations survive termination.
Force Majeure
Ehaby shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, pandemics, government actions, internet or utility failures, or third-party service disruptions.
Independent Contractor Relationship
The relationship between Ehaby and Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles. Negotiation First: In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. Arbitration: If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization] in [Your Location]. Exceptions: Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.
General Provisions
Entire Agreement: These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior agreements or understandings. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices: All notices must be in writing and sent to the contact information provided by each party. Email notices are acceptable and considered delivered when sent.
Contact Information
For questions about these Terms or our services, please contact:Ehaby Email: [Your Email Address] Website: [Your Website] Phone: [Your Phone Number] Address: [Your Business Address]