1. Agreement Overview 

Please review this Terms of Service prepared by Whisky Tango Investments Ltd. DBA WebRocket.Club, a limited liability company operating under the laws of British Columbia, Canada. By choosing to engage in our Services you agree to the Terms of Service. 

Our services are rendered according to the terms, conditions, and obligations contained herein. Any failure to act within these terms may result in termination of services render to the client at the discretion of WebRocket. 

2. Plans and Services 

Plans: When you purchase a plan you receive an email that confirms the services and deliverables that will be provided, and all guarantees associated with these services. In order for WebRocket to provide these services we have the expectation of timely and accurate feedback regarding outcomes and deliverables. All deliverables for any tier of service will be completed within 30 days.

Hosting and Maintenance: The maintenance package includes shared hosting for WordPress, managed upgrades, and regular backups. In addition clients can request changes and updates to design using a shared Trello board. Approved requests are addressed within 3 business days and are handled one at a time.

Add-ons: Clients may choose to add-on services. These include:
– SEO to help drive traffic and improve rankings on Google
– Advertising management for Google, Facebook, Instagram, or Pinterest
– Social media management and content
– Email automation and drip campaigns

Add-ons may or may not be coordinated through trusted 3rd parties at our discretion.

3. Cancelling, Upgrading, and Downgrading a Subscription 

As a client you are in control of your account. The link to your account dashboard is in the welcome task in our shared work board. You can also request a link by emailing the general mailbox howdy@webrocket.club.  

You may pause, cancel, upgrade or downgrade your subscription as needed. If you cancel hosting and maintenance you will have 30 days to move your site before it is deleted from our servers.  

Add-on services can be changed at any time. Service upgrades for add-ons, if available, will be charged at the prorated difference for each billable period. You can pause, cancel, or change add-on subscriptions at any time using your account dashboard.

WebRocket has the right to terminate services at any time, at our discretion. Should we choose to cancel a Subscription we may choose to issue a refund at our discretion. 

4. IP Rights 

Clients have the right to all files and source files. These will always be made available using a shared folder. Access to the shared folder is available through the work board on Trello. Clients will also have necessary rights to use any stock music, audio, photography or video used in any design. 

6. Fonts 

Clients will need to purchase the appropriate licenses for the Third-Party Fonts if they are required, and will be responsible for all relevant legal liabilities. If we use fonts that require licensing that information will be included in design documentation. 

7. Working Together 

We intend to develop a regular and effective working relationship. Our process is simple, and while it may be a bit new to some Clients, after a short period it will be easy to manage. All tasks and activity are recorded in a single work board. Each task has a record of activity, including files, links, and notes. All notes must be made in tasks in our shared work board. 

8. Processes 

Each of our standard plans has processes and timelines that begin on the day the service is started.

When Clients are creating tasks WebRocket expects to follow our processes. WebRocket processes have been created for different types of projects. They break deliverables down into task flows that are suitable for the task board. Using these as a guideline allows WebRocket and our Clients to work from a shared perspective on timing, workflow, and outcomes. 

On activation of any plan you will receive a standard implementation plan designed for small business. Our approach to development, design, branding and marketing is centred around small businesses and local markets.

9. Interruptions 

There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. 

In the event of such interruptions, WebRocket shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible. 

10. Governing Law 

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia. 

11. Limitations of Liability and Indemnification 

Limitations of Liability: Except as otherwise provided in the indemnification obligations below, under no circumstances shall Whisky Tango Investments Ltd. DBA WebRocket.Club, its directors, employees, members, contractors, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, incurred by the Client or any third party, whether in an action in contract or tort, arising from the Client’s access to, or use of, the Services provided. 

12. Indemnification 

WebRocket shall indemnify, defend, and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of any claim or action by a third party alleging that the use of the design work produced by WebRocket as delivered to the Client and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party. 

Client agrees to indemnify, defend, and hold harmless WebRocket against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of any claim or action by a third party alleging that the use of the Services in a manner not authorized by this Agreement, or the Client’s modification of the design work, infringes the intellectual property rights of such third party. 

The indemnification obligations set forth above are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of any claim or action; (b) giving the indemnifying party exclusive control and authority over the defense or settlement of such claim or action; (c) providing assistance in connection with the defense or settlement of such claim or action at the indemnifying party’s request and expense. 

Notwithstanding the foregoing, the total liability of each party under the indemnification obligations shall not exceed the total amount paid to WebRocket by the Client under this Agreement within the 12-month period preceding the claim. 

The indemnifications set forth above shall not apply to the extent that the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided by WebRocket or not authorized by WebRocket in writing; (b) modifications to the Services by anyone other than WebRocket; (c) the Customer’s failure to use updates or modifications to the Services that LaunchBox has provided specifically to avoid infringement; or (d) the Customer’s failure to secure appropriate rights, licenses, consents, or permissions required for third-party assets it directs WebRocket to incorporate into the design work. 

Both parties acknowledge that the limitations and exclusions of liability and indemnity in this agreement are fundamental elements of the basis of the bargain between WebRocket and the Customer, with the exception that these limitations do not apply to the indemnifiable losses as set forth above. 

13. Customer Data 

The Customer is responsible for providing all necessary data and materials required for WebRocket to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services. 

While WebRocket takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to LaunchBox. In the event of any loss or corruption of data, WebRocket will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data. 

14. Electronic Delivery of Materials 

Customer consents to receive electronic communications from WebRocket and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication. 

15. Showcasing Work 

LaunchBox reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information. 

16. Termination 

These Terms of Use remain in effect until terminated by the Client or WebRocket. Clients may terminate their agreement in accordance with the cancellation policy outlined in Section 3. LaunchBox reserves the right to terminate this Agreement at any time, with reasonable notice, unless in cases of breach by the Client, including but not limited to non-payment and violation of these Terms of Use. Client may also suspend or terminate Customer’s access to the Services for any substantial breach of these terms. 

Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. WebRocket will take reasonable steps to ensure a smooth transition and minimize disruption to the Client’s ongoing projects.