WEBSITE SERVICES TERMS & CONDITIONS
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Kimes & Co.- D.B.A. BrilliantDoc (“Company”, “we”, or “us”).
The Company agrees to provide you with managed website services (“Website Services”). As a condition of subscribing to the Website Services, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture or employment. The Company is agreeing only to provide Client with access to its Website Services, which includes on-going website design, development, maintenance, content updates and hosting.
In consideration of Your access to the Website Services, you agree to pay the following fees.
You shall pay the agreed upon monthly fee, beginning upon agreement to these membership terms and conditions. You shall be automatically charged each month until you cancel your subscription to the Website Services according to the Website Service’s Cancellation Policy set forth below.
Payment Plan Authorization
You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
The Website Services are offered on an ongoing basis with a monthly subscription. Client agrees to a minimum financial commitment of eighteen 18 months of the Website Services subscription at the agreed upon monthly rate.
Client will fully own their website only after the 18 month financial commitment is fulfilled. The Website Services subscription will automatically continue on a monthly basis beyond the 18 month commitment for as long as the Client wishes for Company to continue the subscription.
Past the initial 18 months, Client has the option to cancel the subscription at any time with a 30 day written notice by emailing [email protected], and the Company will migrate the website to the Client’s new hosting for no additional fees.
Client may cancel their Website Services subscription prior to the end of their 18 month commitment by providing a 30 day written notice to [email protected] Client may then request the transfer of their website to Client’s new hosting provider after paying the remaining prorated amount equal to 18 months of Client Website Services subscription with the Company, based on Client’s monthly subscription fee. If the prorated fee is not paid to the Company within 60 days of subscription termination, the Client’s website will be permanently deleted.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
The Website Services
At $495 per month, the Company’s website subscription package includes the following:
- Website transfer
- Premium hosting
- New WordPress theme
- Rebuild of website with new, custom design
- Redesign of provided content
- Mobile-responsive layout
- Premium security that includes daily backup of the website on secure servers at a different location
- Global CDN (content delivery network) for faster page loads and reliability
- Accessibility widget to improve experience for visitors with disabilities, such as vision impairment
- HIPAA compliant contact form (optional)
- Premium contact forms
- On-site SEO work including SEO enhancing URLs, site map, page meta descriptions, keywords, image metadata, and more
- Ongoing maintenance that includes
- All needed updates to themes & plugins
- Implementation of WordPress updates
- Fixes to broken links
- Future content updates upon request that includes
- Photo and graphic changes
- Verbiage changes
- Design layout changes
- Adding or updating pages relating to team members, services, blog posts, promotions, community events, etc.
- Includes up to 4 hours of content changes/updates per month
- Changes requiring more than 4 hours of work per month will be billed at $100/hr.
- Our team is dedicated to fulfill content change requests as soon as possible. Most changes can be done within two weeks from time of request, but the Company does reserve the right to space content changes out over time to accommodate our production timetables.
- Any content changes that require implementation within 2 business days or less may accrue a $375 surcharge.
- The Company does NOT host email.
Nonprofits or any person/business who subscribes to the Company’s website subscription package that costs less than $495 per month will receive all of the features & services listed in the $495/mo package above, with the exception of the amount of content changes and updates, which will be limited to 2 hours per month.
NOTE: The Company’s website subscription service applies to the development of websites that have a reasonable scope of work. The Company reserves the right to determine what constitutes a reasonable scope of work. Particularly large or highly complex websites are available as a separate project and will be priced on a case-by-case basis.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement.
Materials Provided By You During The Website Services Subscription
The Company does not claim ownership of the information or materials You may provide during the Website Services subscription (including company logos, graphics, photos, feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Copyright & Trademark Infringement
We can source and provide images & video that are properly licensed for commercial use. Clients may request or provide the use of certain content including but not limited to images, video or verbiage on the new website. The Client is solely responsible for and held liable for all content on the new website. The Company is not responsible and cannot be held liable for copyright or trademark infringement on any content that is provided, requested or approved by the Client. If notice is received of any unknown copyright infringement, we will remove such content and replace it with properly licensed content as long as we have administrative access to the website.
The Company makes no warranties regarding the performance or operation of the Website Services, including any technological aspects of the program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Website Services and/or any information and resources contained in the Website Services. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Company’s advice or services, including Website Services.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Website Services subscription for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Website Services, with the delay or inability to use the Client website, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Website Services, or otherwise arising out of the use of the Website Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Website Services or any portion of it, your sole and exclusive remedy is to discontinue using the Website Services.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Website Services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Los Angeles, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right to terminate or cancel a client’s website subscription at any time for any reason. In such a case, the Company will provide the Client with 30 days notice of cancellation. The Company will assist the Client with the transfer of any completed portions of the website to Client’s new 3rd party hosting. We will give all access privileges to the Client.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Amendments And Modification
The Company may amend and/or modify these Membership Terms and Conditions and/or the Website Services at any time without notice by providing Customer with notification of the proposed changes by email at Client’s email address and/or through the Client’s membership portal. Any such changes will not alter the Company’s obligation to Client with respect to previously agreed upon use of the Website Services. If the proposed modifications are unacceptable to you, you may cancel this agreement pursuant to the Cancellation Policy above. A continued subscription of the Website Services shall constitute your acceptance of and agreement to the modification to this Agreement.
This Agreement shall commence and be enforceable with respect to each Website Services subscriber upon the date that the subscriber initially registers for the Website Services.