Terms of Service
A. INTRODUCTION
A.1. General Terms. Thank you for choosing digisprouts. Please read these General Terms of Service (“General Terms”) carefully. Among other things, the General Terms cover the scope of your use of and access to the website and other services provided by digisprouts.com (collectively, the “Service” or “Services”). These General Terms also govern the use of and access to digisprouts’s website (“Website”).
Finally, we know that legal terminology can occasionally be difficult to understand, so we want to give you a guide to exploring and understanding this Agreement:
B. YOUR AGREEMENT WITH DIGISPROUTS
B.1. Binding Legal Agreement. This Contract is between you (the Customer/Client) and us (digisprouts). It defines the services we will deliver to you, how we will work and operate together, and other aspects of our business relationship. Your access to and use of the Website and our Service is conditioned on your approval & acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website or Service. If you are using the Website or Service/s on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.
OUR SERVICES ARE OFFERED TO YOU CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ CAREFULLY ALL OF THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT ACCESS AND USE OUR SERVICES AND/OR WEBSITES.
WE UPDATE THESE TERMS PERIODICALLY, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY. If you have an active Subscription or Support Service, we’ll let you know by email when we do. Last updated January 2023.
Given the importance of these terms, if you do not approve and accept them, we will not be able to provide you with our products and services.
C. Accessing the Services and/or Websites. You confirm that you are either 18 years of age or older, or have the legal authority to act on behalf of a valid legal entity. Furthermore, you possess the full capability, rights, and authority to accept and comply with the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms, and to abide by and comply with them.
“digisprouts” means “Us”, “We” or “Our”.
“Customer(s) & Client(s)” means the person “you” purchasing a package or service, and who is recognized as the customer on the relevant account record, invoice, online subscription process, or Order Form.
“Product and Services” means digisprouts’ Web Design Service and Subscription/Support Service.
“Subscription/Support Service” means all the products you have purchased and subscribed to through the Order Form. These include the Custom Web Design for your business site.
“Customer Information” is all you submit or contain via the Subscription/Support Service and Assessment Process.
“Customer Materials” means all materials you provide, post, upload, enter, or submit for public knowledge through the Assessment or Discovery Process and Subscription/Support Service. *See GENERAL COMMERCIAL TERMS/Requirements.
“Subscription/Support Fee” means the amount you pay for the Subscription/Support Service if applicable.
“Subscription/Support Term” means the initial period of your subscription to the applicable Subscription/Support Service, as specified in your Order Form, and each succeeding renewal term (if applicable).
“Order Form” means the form authorized by digisprouts or the online purchase and subscription process by which you agree to join the Subscription/Support Service. Most orders or purchases are made through our online checkout process.
“Payment Term or Billing Period” means the agreed term for paying fees of Web Design, WordPress Website Development, Subscription/Support Services, and/or cost of the product in advance under the Order Form. This period may be equal to or less than the Subscription Term or Product Cost specified in the product. Read Subscription & Payment Terms for details.
“Site” or “Website” means a WordPress-based website.
“Domain Name” means the preferred unique address of customer used to access websites such as facebook.com. It is the customers chosen name for their business website (ie. mybusiness.com)
“Web Hosting” means the Customers’ web external hosting service. And/or this may be digisprouts’s external hosting service choice.
Domains & Hosting
Our Web Design and WordPress Web Development package gives a FREE 1-year domain name registration and 1-year web hosting plan of our choice. However, if the customer wants to register their preferred domain name and buy a Web Hosting plan on their preferred vendor, they may do so, but the expense will not be covered by digisprouts. We may assist the customer in purchasing these if needed.
Renewal and Expiration: Under any product purchase or Subscription/Support Service with Free 1-year domain name registration and 1-year web hosting, it is the customer’s responsibility and expense to maintain the said Domain Name Registration and Web Hosting after the 1-year Free Domain Name Registration and Web Hosting provided by us. For assistance in the renewal, you may contact us.
We will send notice via e-mail one (1) month before the subscription expiration. (i) The customer should coordinate with us and decide whether to maintain the registration and plan; if the customer decides to maintain, they must pay an amount equivalent to one (1) year of domain name registration and one (1) year web hosting plan or simply renew the subscription service plan to avoid expirations of Domain Name Registration & Web Hosting. (ii) And, if the customer decides not to maintain their domain name registration and web hosting plan, this notes that their website will be off once the registration and plan expires, or they can transfer their website to their preferred third-party hosting before the expiration. If no action is taken, digisprouts has the right to decide what will happen to the website and its data.
Please note that transferring of website data to a new Domain Name (if decided to) & Web Hosting will incur an additional fee.
We will develop the website on our development domains and hosting choice. Upon completion of the project, we will transfer the new website to the customer’s domain and hosting.
Requirements
Customers must provide all the necessary information, logo, videos, audio, copy, images, and the like to complete and proceed with the delivery of the products within a maximum period of one (1) month after the start of the project or depending upon the set project duration. After the end of this period or set project duration and the customer fails to provide all the requirements, digisprouts is not obliged to deliver products. No communication within the said maximum period or set project duration shall be considered a canceled transaction, and refunds do not apply to any payment made on any purchase.
Copyright
Customers or clients will provide all the copy, logos, images, videos, audio, and the like. It is the customers’ or clients’ responsibility to ensure they have the legal rights to use them on their Website. You, not digisprouts, have full responsibility for such content, including its accuracy, appropriateness, reliability, and legality. You understand and accept that you are responsible for any User Contributions you submit. We are not liable to any third party for the content accuracy of any User Contributions submitted and posted by you or any other user of the Website.
All content that doesn’t owned solely by the customer or client and owned by other website will not be copied by us. We will only use content directly provided to us by the customer or client. And if happens that the customers or client provided a content that they do not have the legal right to use it personally or commercially, digisprouts are not liable to any legal consequences that may arise.
Any items provided by Us will be Our responsibility to ensure that they can legally be used on the website.
Content (copy) Editing Services
We undertake to upload content, copy, and customer information. digisprouts has no obligation to make grammatical and style corrections in the contents and copy delivered by the client unless it has been agreed in the service contract or another corresponding to said service. The content review by digisprouts will have a cost and must be approved by the client with prior written notice. See *DETAILS & REGULATIONS ON PRODUCTS/Page Copywriting, Copy & Images.
Web (Blog) Content Management
We undertake to upload a weekly content as part of the Subscription Service package availed. Customers need to provide the requirements for the said content. See *GENERAL COMMERCIAL TERMS/Content (copy) Editing Services.
Website Care/Weekly Website Maintenance
We undertake to maintain the website to ensure smooth functionalities of the website, and this includes a weekly update of plugins (if available). While this weekly maintenance includes the updating of plugins, sometimes troubleshooting is needed to be done if error occurs, digisprouts will do its best to resolve any issues by contacting the third party customer service. In the event the third party customer service has a poor response with the issues which digisprouts has no control over it, we may take an action with it by changing the specific plugin/s to maintain the functionality of the website.
Monthly Website Performance Report
We undertake to submit a monthly website report to customers, this includes the website google analytics report that shows the website stats.
Maximum Period
The project that is not completed within a maximum period of one (1) month in the 1 Pager Starter Site and Custom Web Design product will be paused or suspended. For customized web design and sites, the maximum period may vary on the project size and requirements, and the assessment or consultation of customers shall determine the maximum period. See *GENERAL COMMERCIAL TERMS/Requirements and Project & services paused or suspension/termination.
Product (Website) Delivery
The services or project achieved within the contract’s delivery period may be delivered for a maximum period of one (1) month, with the full guarantee of digisprouts in the fulfillment of what was agreed in the contract.
All web packages that are completed will be delivered to customers accordingly. We will deliver only the customers’ websites once due payments are settled for every package purchased with the Pay Deposit and Flexible Payment options, and for all product packages purchased in the Full Payment option will be delivered without any delay once the website is completed.
Ownership
Ownership of the website will remain with digisprouts until the customer completes all payments; this applies to all the packages or services purchased by customers.
Project & Services Paused or Suspension/Termination
We may indefinitely pause or suspend the services provided to customers and prohibit using the products designed for failure to pay the agreed fees. See *GENERAL COMMERCIAL TERMS/Requirements and Maximum Period.
Ongoing Support
Once the website is completed, as stated on the package inclusions, weekly website care package is included, and it is limited to WordPress update and updates of important plugins to run your website accordingly. Any further support or other services will be charged per hour accordingly depending on what kind of the service/s needed by the customer.
Changes
At our lone preference, we reserve the right to change or supersede these Terms at any time. What comprises a material change will be determined by our lone preference. If a modification is material, we will provide at least 30 days’ notice via e-mail before any new terms take effect.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
This one-page, WordPress-based website, which is mobile-responsive and fully functional, includes (but is not limited to) the following:
Optional:
Modifying and adding functionality, scope, elements, and another feature is subject to additional fees. Contact us.
*Optional – Revisions
*Optional – Page Copywriting, Copy & Images
Pages & Sections Included
The layout of one pager starter site with minimum of five (5) sections is included. The customer may request to create as many other sections and pages as they preferred. However, it is subject to additional cost for laying out content on additional sections and pages other than the one (1) web page and five (5) sections included in the package. Please contact us if you wish to add more sections and pages.
*Optional – Graphic Design
Customers may choose either they provide their own media assets (i.e. banners) or hire us to create it for them, if decided to hire us, there will be an additional cost for the said service.
1. Advertised Prices & Service Fees
The Cost of product & rate of services will be fixed through a non-transferable quote.
Fees/Costs are as follows:
1.a. Setup Fee
A setup fee is applicable only for customers who wish to avail of our One-Pager Starter Site and prefer to defer payment for one month before paying the promo cost. This means you can avail of the One-Pager Starter Site without paying in full or choosing any payment option for the first month. You can decide later which payment term to proceed with.
The setup fee will be collected before proceeding with the website build.
1.b. One Pager Website Cost
Our One-Pager Starter Site is available at a discounted price for a limited time only! We offer flexible payment terms, allowing you to choose an option that works best for you. For this promo, the following discounted prices apply:
The Two-Step Payment option means you will pay as follows:
Total Cost: ₱7,200.00
The Tri-Pay Option means you will pay as follows:
Total Cost: ₱7,500.00
1.c. Subcription Service Fee for Website Care
Once a customer purchases the One-Pager Starter Site, you are granted two (2) months of FREE website care. You also have the option to subscribe to our Weekly Website Care service at the following rates, with the discount varying depending on the selected option:
The Bi-Annual term means you will pay as follows:
Total Cost: ₱4,500.00
The Flexible Payment term means you will pay as follows:
Total Cost: ₱5,000.00 after 2 months of FREE Web Care
2. Payments
2.a. Customers may pay via any local online bank fund transfer (don’t hesitate to contact us). We also accept payment through Gcash, Paymaya & Coins.ph.
2.b. If failure payment occurs, any purchased Subscription Services or products may be paused or suspended accordingly.
2.c. Payment against invoice. It would be applicable only if the customer requested it (Contact us). All invoiced amounts are due and payable within seven (7) days from the invoice date unless otherwise specified in the Order Form.
2.d. One Pager Starter Site Web Care package have the option of Full Payment, Bi-Annual, and Flexible Payment, with the following conditions:
3. Cancellation and Refund Policy
3.a. Subscription Cancellation – You have the right to cancel your Subscription to our Website Care package at any time (Please note that cancelled Subscriptions will not be refunded for the unsused part of the ongoing Service period).
3.b. Refundable Setup Fee – This fee will be refunded to customers if the following conditions are met:
Once a project has started, there will be no refunds unless:
A Subscription Service is considered as cancelled if:
4. Rate and Cost Adjusments
4.a. Rate or cost adjustments during other periods, digisprouts may modify its rates without prior notification to new customers.
4.b. Rate or cost adjustments when hiring a new service: digisprouts can grant service discounts, but its rates can also be variable. Check with updated quotes before purchasing any of our services.
digisprouts can change the rate and cost of its product or services during the development of a project; if it requires developments other than those agreed upon or standard inclusions, customer service requote will be presented if the client asks for such requirements.
1. Customer Information
1.a. digisprouts Limitations. We will only use Customer Information to provide you with the Subscription Service and Consulting Services, and only as required by applicable law, this Agreement, and our Product Privacy Policy. We will not use or allow anyone else to use Customer Information to contact any individual or company unless otherwise permitted by you.
1.b. digisprouts Proprietary Rights. This Agreement allows you to access and use the Design Service. No license of moral authority or estate is granted to you through this Agreement. The Service for Parts Design, Logos and Websites are protected by intellectual property laws, owned and owned by us or our licensors (if any), and we reserve all proprietary rights.
1.c. Customer or Client’s Proprietary Rights. You own and hold all rights to the Customer or Client Materials and Information, all products that are the work of digisprouts carry the endorsement of the brand unless it is agreed through a contract with the client to assign the same. You authorize us to use the Customer or Client Materials and Information only as necessary to provide you with the Subscription Service and Assessment Services per this Agreement. This Agreement does not grant us ownership rights in the Customer or Client Materials and Information.
1.d. Confidentiality. The recipient must:
(i) not to disclose Personal Information to third parties (other than our third-party service providers)
(ii) protect the confidentiality of Personal Information by employing the same care it takes to its own similar, but politely reasonable, confidential information.
(iii) not use the Personal Information for any intent other than within the coverage of this Agreement
1.e. Preventive measures. We will take all commercially proper administrative, physical, and specialized safeguards to safeguard Customer Information.
1.f. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose Personal Information of identity required under any legislation, rule, state, local law or regulation, court order, or legal process upon notice to the informant.
1.g. Advertising. You give us the right to add your name and company logo to our client list and website unless the property ownership session is agreed upon.
1.h. Aggregate information. We will monitor the use of the Subscription Service by all our customers and use the information we collect anonymously and globally. You agree that we may use and publish such information, provided it does not include Customer Information or information that identifies you. However, we may use Customer Data as part of internal data processes to develop and improve Enrichment Data. With these internal data processes, in no case will customer data be disclosed, nor will it be provided to other customers or third parties. For clarity, if data is provided to other customers or third parties, it will be done globally and anonymously.
1.i. We encourage all our customers or clients to provide feedback about the Consulting Services and send us their suggestions for improvement. You accept and agree that comments and suggestions will not be confidential. We have the right to use and incorporate them into the Subscription Service or Assessment Services without you requiring payment or merit.
1.j. Indemnity. You shall indemnify, at your expense, defend and hold harmless digisprouts, its affiliates and/or agents, service providers, contractors, employees, and directors against any third-party claim, suit, or proceeding brought against us by a third party not affiliated with us, on such action is based on the following:
(i) Your unauthorized, or illegal, or unlawful use of third-party products and contents.
(ii) Unauthorized use of the Subscription Service by anyone using your User Information.
(iii) Violation of these Terms of Service or Agreement. Or your use of the website.
We will notify you via e-mail within thirty (30) days if we receive such claims. We will provide you (at your expense) with all data and assistance you reasonably request in handling the defense or settlement of the claim. You must not accept any agreement that:
(a) It obliges us to acknowledge the facts.
(b) Sets a responsibility on us.
(c) Sets restrictions on us without our prior written permission.
(d) Impose detriment not covered by these indemnities
2. Limitations of Liability
2.a. Exclusion of Indirect Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF BUSINESS OPPORTUNITIES, REVENUE, OR PROFITS, ANY KIND OF DAMAGES, UNDER ANY LEGAL THEORY, IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING INCIDENTAL, ANY DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL, VIRUSES, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER COMPUTER PROGRAMS THAT MAY INFECT YOUR DATA, COMPUTER PROGRAMS, COMPUTER EQUIPMENT, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS AND SERVICES OBTAINED THROUGH THE WEBSITE. AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
2.b. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ANY SERVICES OR ITEMS, AND ITS CONTENT, OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. DIGISPROUTS AND OUR AFFILIATE OR AGENTS MAKE NO WARRANTY OR REPRESENTATIONS FOR THE COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, QUALITY, TIMELINESS, OR UNINTERRUPTED, SECURITY, OR ACCURACY OF THE WEBSITE AND ITS SUBSCRIPTION SERVICES AND ASSESSMENT SERVICES OR ITEMS, THE DATA AVAILABLE FROM SUCH SERVICE, DIGISPROUTS CONTENT, OR FOR ANY PURPOSE, THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, DIGISPROUTS CONTENT, ITS CONTENT, ANY SUBSCRIPTION SERVICES, AND ASSESSMENT SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SUBSCRIPTION SERVICE AND ASSESSMENT SERVICES, WEBSITE CONTENT OR ITEMS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2.c. Acceptance of Limitation of Liability. YOU UNDERSTAND, ACCEPT AND AGREE THAT WITHOUT YOUR CONSENT TO THIS LIMITATION OF LIABILITY, WE WILL NOT BE ABLE TO PROVIDE YOU WITH THE SUBSCRIPTION SERVICES OR ANY PRODUCT OR ITEM AVAILABLE IN THE WEBSITE.
3. Others
3.a. Revision & Amendment. No Exemption. We may update and modify any part or all of these Customer Terms of Service, including fees and costs associated with using the Subscription Service and purchasing any items or package. Still, your fees will not change during the Subscription Term, except as explained in the “Subscription and Payment Terms” section above. Suppose we update and modify these Customer Terms of Service. In that case, the updated version will be posted on https://www.digisprouts.com/terms-of-service, and we will inform you by email. The updated version of the Customer Terms of Service will be effective and binding as of the business day following its posting. When we modify these Customer Terms of Service, the “Last Modified” date above will be updated to show the date of the latest version. Updates to the Product Information page will be effective upon posting. Please periodically review these Customer Terms of Service.
3.b. Non-acceptance. Suppose you do not agree to any revision and amendment to the Customer Terms of Service. In that case, you must notify us in writing within thirty (30) days of receiving the notice of revision and amendment and send it via email to us at terms.cs@digisprouts.com. If you send us a notice, your subscription will continue to be governed by the terms and conditions of the Customer Terms of Service before the revision and amendment for the remainder of the current term. Upon renewal, the Customer Terms of Service we post on our website will apply.
3.c. A notice will be mailed to the contact address herein and shall be deemed delivered from the date of receipt. For you: your email address, as provided upon availing digisprouts services, products, or items. We may send electronic information or notice via a general notice through the Subscription Service. We may also send them to you via email addresses registered to us. We may notify you by telephone at the phone numbers in the information records. You must keep all your account information up to date.
Dispute resolution: In case of disputes related to the service provision, this will be resolved in the first instance through direct dialogue between the party’s legal representatives. If no agreement is reached, an arbitration court will be in charge. If the above fails, a conciliation center legally authorized for this purpose will be resorted to.
Our Privacy Policy and this Terms of Service constitute the sole and entire agreement between you and digisprouts regarding the Website and supersede all prior and coexisting agreements, understandings, representations, and warranties, both written and oral, regarding the Website.
What is included in this 1-Pager Starter Site?
This Subscription Service package comprises of one pager WordPress-based website that is mobile responsive and fully functioning. This includes the following but not limited to:
Optional