✔ dōTERRA Certified Site Seal ✔ E-book Leads Capture ✔ Custom Banner + Color Branding ✔ 25+ Content Ready Pages ✔ 100 Active Pages ✔ Funnel Templates ✔ Unlimited Contacts ✔ Newsletter Builder ✔ Blog Area ✔ CRM ✔ Zoom Room Capability ✔ E-Commerce ✔ Membership Site ✔ Online Class ✔ Auto Responders + Drip Campaign Capabilities ✔ Scheduling Feature ✔ If you'd like any add-on features, just pick and choose the ones you'd like
F = Foundation Package, L=Leader Package, V=VIP Package
We provide all the verbiage, images, and depending on the package, we will even custom brand it for you!* 100% of the site is editable so if you'd like to make any changes down the road, you can easily do so! We provide dozens of tutorials.
Get a 3D website feature for a fun & interactive experience to generate leads, and support your team! Host virtual events, generate new buzz for your product offerings, and provide education or training in virtual reality! Prospects can easily sign up on your team, join an event, or even watch a screen sharing presentation. The sky's the limit! Watch a demo video below!
You are on a mission to have a website that helps you grow your biz. Find website building resources here. Collaborate with others to mastermind and support each other during your website building and launching ventures! All current clients may join.
We are here for you every step of the way. Join our Facebook group for trainings from top leaders and access how-to video tutorials. Join one of our weekly open office zooms for technical support, or contact our support team for assistance.
Looking to get more leads? This feature offers a FREE e-book in exchange for capturing e-mails. Build your e-mail list easily with this feature and funnel them to the next step! Choose one of over 15 doTERRA Compliant E-books.
USA & CAN Customers can shop and join with a wholesale membership by selecting one of 20+ categories based on how they want to feel! AUS, NZ or UK get a Retail Shop shop instead to funnel them to a wholesale membership.
Your website will have a unique look and feel after this 1-hour design strategy session. You'll meet with one of our graphic designers that will make custom menu graphics so your website will stand out and brand YOU!
Enjoy the convenience of having all of your website features in one place! Gain access to a FREE course showing how to implement and use eight of our most popular website features. We can also integrate with most of your current providers if you have accounts elsewhere.
Nested within your Client Portal is the 8-week course: Get Ready for a Successful Website Launch! Each week you'll get step-by-step training materials with how-to tutorials. These modules will prepare you with all you need to launch your site successfully!
Expand your global market by having a Starter Kits Enrollment Landing page for USA, Canada, Australia, Europe, Philippines, New Zealand and South Africa! That's right, you can now grow your team outside of your market...easily! Available with all packages!
Some of our packages include 1-year of hosting and SSL on our Strikingly platform. All you need is a domain! We highly recommend choosing your URL domain through GoDaddy or Google Domains. After the first year, hosting renewal is just $180/year to keep your site active for all your customers to continue to use!
Did you know our sites are doTERRA Certified?! Yup, we submit your site to doTERRA compliance and add the Certified Site Seal to your website upon approval! We currently have over 700 doTERRA Wellness Advocates websites from all around the world approved by doTERRA Compliance!
Included is a Monthly Specials Section featuring the the Loyalty Rewards Program FREE Product of the Month, 10% Off Specials, and Enrollment Specials for a whole year! We will update this for you every month if you have the Complete or VIP Package and Basic Packages will upload your own.
Take your website to the next level! Enjoy over 25 tutorials showing you how to do some really cool stuff we don't typically offer. The easy-to-follow tutorials will show you how add oil camp, add your own funnels, and other fancy features. Also include are 30 Ways To Promote Your Website for SEO!
Have doTERRA's FIVE NEW Wellness Kit Programs featured in your Members Only Access Area! Use this as a tool for LRP retention. This feature is an educational landing page with kit products, videos, and info to help you share the ins and outs of the program with your current team members.
Looking to implement the Back to Basics strategy online? Add this funnel so your prospects can sign up for one of four case studies: Digestion, Discomfort, Sleep, or Stress & Mood. You'll get their mailing address for sample sending and a spot to put your Facebook group link where your case study is taking place!
Let's face it...every once in a while doTERRA makes changes to their links, images, or products. With the VIP package, you never have to worry about compliance updates for the 1st year. We'll monitor changes and update your website automatically to keep it up to date. Want to keep those automatic update rolling? Check out our Maintenance Retainer feature!
This feature is Password Protected and only accessible by YOUR Team Members! Have a place to welcome newbies, provide team trainings, inform your members of upcoming events, and so much more! Don't have a team yet? Take advantage of all the business building tools provided from top leaders in doTERRA! Did I mention we provide all the content?!
Live chat with people that visit your website with the Complete or VIP Package! If you are not available at the moment they can leave you a message and you'll be contacted via app or e-mail. This is a great platform to interact and engage with your customers! Never miss an opportunity for a curious prospect again! Basic Package may upload your own Chat Feature too!
This landing page will contain up to 20 of your Essential Oil Academy Classes. Now people visiting your website can take online classes at their own pace and you will have their contact info to reach out to them. Feature your own classes or choose from over 100 Essential Oil Academy Classes purchased for an additional fee. Bonus: Essential Oils for Stress is included FREE!
Do you already have Lisa Zimmer's FAQ System for Customers and/or Builders? If so, we will add the FAQs onto your website with the Complete or VIP Package! This is perfect for reaching anyone on your team that is not Facebook. Have your FAQs available on a platform where the content is always there and team members can be supported 24/7!
Want to hop on the funnel bandwagon? Here is your chance to get your very own doTERRA approved funnel. This funnel will be customized to your target market inviting them to schedule a consultation with you. It's ideal for those that want to use funnels to generate leads but still want to do your thing with one-on-on consults! Now you get the best of both worlds!
While our websites are delivered up-to-date and ready to go, there will be times throughout the year that doTERRA will require an update to their enrollment kits, links, or product pricing. With this service, we take care of all compliance related updates automatically by deducting from your retainer account. If there are any unused funds at the end of the year, we will apply it to your hosting renewal so you don't miss out!
Ever wondered if someone could just blog for you because you are too busy or writing is just not your thing? Three blog posts will be uploaded to your website per month with links to enroll with you! This keeps your website content fresh so prospects keep coming back for more! You can also blog in between our blog posts or tweak the ones we provide. Content is fun, filled with recipes, and relevant to doTERRA's promos!
Have you been wondering how to engage with your community outside of social media? This is a landing page that can be password protected. Use this to post images, announcements, and comments. The great thing is that your website visitors can also comment and engage right on your website! If you have decided to join other platforms (ex/ Mewe), this page also connects them to you. Click the button below for a demo.
We get it: there’s more than one web designing service vying for your business, and choosing which company to entrust with your internet presence matters. They all seem like valid options, but you’re looking for a compelling reason to choose one above the others. We at Practical Website Design have ten such reasons for you to consider before taking the plunge.
#1 We provide ongoing support.
You’ll be far from on your own once your personalized website is up and running. Instead, you’ll have quick and reliable access to a real live human being to help you figure things out! Other companies are hard to get in touch with, but it’s our pleasure to offer Open Office Zoom for live, real-time FREE technical help every Wednesday. That’s right, you’ll see a face and hear a voice, and we’ll be delighted to connect in this personal way as we walk you through areas in which you need support. Got a bright idea in the middle of the night for your website? All you have to do is keep a notepad handy by the side of your bed so you can jot it down, then let us help you transfer that brilliant idea to your website. If you’re not into Zoom, or simply don’t want to change out of those pajamas, your support team is also easily accessible by phone or email.
#2 We get your site dōTERRA® Certified.
With other companies, it’s your responsibility to submit your website to the Compliance Department to obtain your certified seal. But since we work directly with this department on your behalf, we’ll take care of the certification for you. That’s one less step you have to handle on your own. We have over 700 dōTERRA certified sites to date, approved across multiple markets in the USA, Canada, Australia, and Europe!
#3 Our website editor is super easy to use.
Other companies have a website editor that’s hard to work with, making it a headache rather than a joy to update your website with the latest and greatest content. With some companies, you even need to take a class just to be able to navigate the website editor. Why take time for extra classes when you can trust us to make your website editing experience user friendly to the max?
#4 Your site will be 100% editable.
With other companies, you can feel locked into your website, with a very limited amount of freedom to tweak and change only certain parts. With us, you can change anything and everything that strikes your fancy. After all, it’s your website!
#5 Our websites are mobile friendly.
Other companies make websites that look beautiful on a desktop, but when you look at the mobile version, the text can be too small or images awkwardly sized. We believe that mobile-friendly websites are a must, because people spend most of their time looking at screens that fit within the palm of the hand! We’ll make your website look great on any screen.
#6 Support your team with a password-protected, members-only access area.
We understand the need to unite your team in an online environment, so you’ll have your own special access area in which you can provide customized team trainings, host online classes, list upcoming events, and more.
#7 We provide content-ready websites.
That's right, we provide all the content for you! Other companies require you to fill in your website with original wording, layout, or images, which anyone who’s ever tried knows to be a highly time consuming task! We take care of ALL of it for you, while also preserving your liberty to make tweaks and changes to the content in order to best reflect your unique personality.
#8 We design our websites with capability for you to engage with customers beyond the reach of social media.
Nobody wants to leave behind potential clients simply because they don’t utilize mainstream platforms like Facebook and Instagram. We can help you welcome and serve your people through a Community Connections Page, as well as by streaming your Facebook and Instagram feeds straight to your website. Use our live chat feature to help you follow up on every single lead.
#9 We provide you with fresh website content to keep your customers coming back for more.
Other website design companies may require you to provide your own blog content, but we’ll provide you with three blog posts each month. We also offer a specials updating service so you and your customers won’t skip a beat with dōTERRA’s deals.
# 10 We have dōTERRA-approved funnels.
Did we save the best for last? With us, you’re able to take your customers on a journey that’s been approved from start to finish by the company that made you want your own website in the first place!
Sure, we think these ten reasons are compelling enough to convince you to go with Practical Website Design – but there’s actually one more. When you sign on with Practical Website Design, you join our family. You’re more than a number to us; you’re a valuable individual who deserves direct communication, respect, and the best website designing services we can offer. We look forward to not only doing business with you, but to welcoming you into our family.
We’ll always do our best to fulfill your needs and meet your expectations. But it’s important to have things written down so both you and us know what’s what, who should do what and when, and what will happen if something goes wrong. In these Terms and Conditions you won’t find any complicated legal terms or long passages of unreadable text. We seek to be clear, honest, and direct as we provide you a valuable service. We want what’s best for both parties, now and in the future.
In short, you are hiring us to design and develop a website, and these terms explain how the project will proceed.
ACCEPTANCE OF TERMS
Welcome to Practical Website Design service (the "Service). Your use of the Service is subject to these Terms of Service ("Terms"). By using the Service, you signify your acceptance of these Terms AND those of Strikingly. If you do not agree to these Terms, do not use the Service.
DESCRIPTION OF SERVICE
Our Web Design Service creates website designs using the Strikingly host as a server. Once initial payment is made and registered, you will have a website designed for your business. You will have access to your Strikingly backoffice to make changes and modifications on your own or can pay a fee for our web designer to make the changes. Changes are limited to your Strikingly account registration capabilities. In the highly unlikely event, we are not responsible if Strikingly changes their terms of service, shuts down, or incurs an additional fee.
PRO SUBSCRIPTION HOSTING FEE
You agree to a 12-month Pro Subscription Hosting commitment paid directly to Practical Website Design, LLC. You may choose to pay for the year in advance at a rate of $180/year or pay $20/month. The Pro Subscription will begin directly upon our delivery of your website, not when you connect your domain. Make sure to check your Client Portal frequently for that communication. After the 12 months are up you may choose to continue with your current Pro Hosting Subscription payment plan or switch, but once again the commitment is for a full year at a time and cannot be canceled during that time. Pro Subscription Hosting Renewal is $180/year or $20/month.
Websites are built on a first come, first served basis. Our ability to deliver a completed website depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You’ll review our work and provide feedback and approval in a timely manner too.
REFUND AND CANCELLATION POLICY
Payment for website design is due before services are rendered. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Practical Website Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for additional features are due before services are rendered. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Practical Website Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Payments for monthly services such as Blog Writing Service or Specials Updating Service can be made in monthly increments or paid at a discounted yearly rate. Practical Website Design does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable.
Set Up Fee
All Setup fees are nonrefundable as it is applied to costs immediately incurred by Practical Website Design in initiating services. If a project is cancelled or postponed, all monies paid are retained by Practical Website Design and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Payments for web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 7 days after due date of payment not received. If client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount.
Practical Website Design reserves the right TO disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.
A refund WILL NOT take effect in any of the following events:
Client fails to communicate with Practical Website Design for more than 30 days following a website design order payment or after attempts made by Practical Website Design to gather information for project scope.
Client fails to complete the Design Questionnaire Form with needed materials, imagery, or content within 2 weeks of submitting payment for website.
A refund may be granted in the following events:
Project can only be cancelled within 3 days after submitting payment. Please note: Set up fee is non-refundable.
Delay of Website Delivery caused by Practical Website Design of longer than 6 months after client has completed the Design Questionnaire Form. If client is cause for delay of website delivery, no refund will be granted.
How Refunds Are Processed:
If you have paid using your credit card - the money will be transferred back to your credit card account or PayPal within 30 business days after approval.
PAYMENT SCHEDULE AND INVOICES
You agree to stick to the payment schedule outlined in the agreement, and to pay our invoices in accordance with the terms stated on the invoice, or, if no terms are stated, within 24 hours of receipt. Please pay for any bank charges, administrative fees and other costs payable in connection with remitting any payments to us. We are not responsible for any currency conversion fees. All quotations are given in United States Dollars.
AMENDMENTS TO OUR WORK
You will be given access to your strikingly website backoffice and can make changes yourself. Please wait until we have delivered the site to you for changes. We can usually provide assistance in updating graphics or text for an additional fee.
Occasionally, doTERRA will make changes to products and kits or disable their links. We do not have a monthly maintenance fee to accommodate those changes. Websites are delivered on an as-is basis, so you are responsible for updating your own website. However, we usually offer to make these updates to your website for an additional fee.
HOSTING CANCELLATION & RENEWAL
If you would like to renew your contract for another year, no action is needed except to make your first payment after the 12 month period. If you would like to cancel and not renew, you must do so by informing us in writing at least one (1) month in advance. Likewise, we can cancel this contract any time, by informing you in writing at least one (1) month in advance.
Cancellation does not affect any benefit or right that you or us become entitled to beforehand. So regardless of cancellation, you will pay us for any outstanding invoices and for work already done but not yet invoiced.
SPECIALS UPDATING SERVICE
The Specials Updating Service includes updating the Product of the Month, 10% off special and an Enrollment Promo. Occasionally, doTERRA does special promos such as Flash Sales, BOGO Sales, or Holiday Sales. Those are a separate updating service fee . We may offer to add those specials for an additional fee. Payment is due before services are rendered. No refunds or transfers on any prepaid months of this service. Prices subject to change.
BLOG WRITING SERVICE
You are responsible for reviewing the blog content each month. We will do our best to remain compliant but it is ultimately your responsibility to make any necessary changes. The blogs are written for the USA market however, you have flexibility to change the verbiage or images to make sense for your market. Occasionally, doTERRA may make a decision that certain verbiage that used to be compliant is no longer compliant. We will not be responsible for making those updates after the blog has been uploaded to your website. You will be required to go into your website backoffice and make the necessary changes to remain compliant or pay us an additional fee to do it for you. Payment is due before services are rendered. No refunds or transfers on any prepaid months of this service. Prices subject to change.
We will inform you via your client portal when your website is ready to be delivered with instructions on how to access your website backoffice. You are responsible for connecting your website with your domain provider. If you would like our assistance we may do so for a fee for domains google or godaddy domains.
If you ordered a Logo Design or Shop Album Graphics, they will be sent via e-mail and uploaded to your client portal. If you would like any additional shop graphics created, you may contact us to make them or you must get permission from Jody Hoffman at Oil My Goodness, LLC. The Shop Album graphics are intellectual property of Oil My Goodness, LLC. You are responsible for letting us know of any errors within 1 week of delivery. After this point, you will incur a graphic change fee. Occasionally, doTERRA makes changes to products or pricing. If you would like for us to make changes or updates to any shop graphics, we may accommodate the request for an additional fee.
You’ll be entirely responsible for making sure our designs and taglines are free to be used on your website and that they don’t infringe anyone else’s rights - we cannot and do not accept any liability for these matters.
WHAT YOU CAN DO WITH THE DESIGNS & CONTENT AFTER YOUR WEBSITE IS DELIVERED
Anything on the website cannot be used or transferred outside of the website platform we designed for you without written consent from us.
IMAGES & PHOTOGRAPHS
We may use some stock photos that we have permission to use from unsplash.com or doTERRA. If you provide us with any images to be used on your website, please make sure they are not copyrighted, are royalty free, and that you have permission to use them. We will not be held liable for any images you provide to us that are used on your website.
CHANGES TO THE PROJECT SCOPE
We recognize that you may have new ideas which you may want to include during or after the project is complete. Inform us of the changes or additions, and if they are not already provided for in the existing quotation given, we will provide a separate quotation to cover them.
We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral quote in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.
We may purchase or license from third party vendors materials used in your project (including source code, live chat features, FAQ Pages, Shop Album, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third party vendors. In the highly unlikely event, we are not responsible if any of the third-party vendors changes their terms of service, shuts down, or incurs an additional fee.
Standard Website designs are powered by Strikingly’s free subscription. The domain name will include ‘strikingly’ unless you purchase a Pro Subscription by us. You are responsible for securing your own domain through a third party and providing us with the correct domain. If you provided us with an incorrect domain you will incur an additional fee to reformat/recode your site. Once your website is complete, you are responsible for connecting your website. You may request us to have it connected with your domain provider for an additional fee if use domains google or godaddy.
Our website designs require a logo. You may provide your own or pay a fee for our web designer to create you one. You will be provided with a choice of proofs. You will be e-mailed the final choice in PNG format for your personal use after your website is complete. If you would like any other format, we may be able to accommodate the request for an additional fee. If you chose a basic drop logo, we provide it for free to be used on your website.
ERRORS AND CORRECTIONS
Clients should notify the web designer of any errors within 1 week of the website being delivered (not when you connect your domain). Corrections will be made in a timely manner. If you gave us the wrong e-mail or domain name, you will incur an additional fee to make these corrections on graphics and coding made throughout your website.
CHANGES AND MODIFICATIONS
Clients will be provided with a tutorial on how to make basic changes and modifications on their website. If you would like any graphic changes or text updates to be made by us we may accommodate it for an additional fee.
Periodically an add-on feature will be offered. These are optional and can be added on to your website for an additional fee.
We will provide the majority of content for your website. If you don't like the way something is written, the content can be changed by you after website delivery. You are responsible for reviewing and making sure the verbiage is compliant. If you requested an additional landing page, we will upload a template. You will be responsible for adding your own content in this area.
PHOTOGRAPHS & HEADSHOT
You should supply graphic files in an editable format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service without our express written permission as it is intellectual property. You agree not to transfer any contents of the website we provide to you to any other platform or website designer. For PRO websites, you must remain on our Reseller account, not your own strikingly account.
DOTERRA CERTIFIED SEAL
Websites are eligible to be submitted for a doTERRA certified seal or approval logo. There is no guarantee your website will pass compliance although it is highly unlikely it will not pass. Once the seal or logo is put on your website you are responsible for any and all content on your website to remain compliant. Please remain compliant with any modification or updates you make to your website. Practical website design is released of all responsibility once we deliver the website to you.
The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. If you would like us to rush your website design, we have a rush fee. Price subject to change.
MATERIALS PROVIDED BY YOU
Where you provide us materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.
We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.
DELAYS TO THE PROJECT SCHEDULE
We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients. Let's do our best to not delay the project.
NON-PAYMENT OR MISSED PAYMENT
We’re sure you understand how important it is as a small business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too.
So in the unlikely event that any of our invoices is not paid on time, we may unpublish or disable your website while the invoice remains unpaid. We agree to provide you with an e-mail notification 7 days before due date if applicable. If the Pro Subscription Invoice goes unpaid more than 48 hours after the due date, we may temporarily unpublish your website within 24 hours until all unpaid invoices are up to date.
We do not offer a 'pause' in subscription payments or 'skipping months'. If you would like your website reactivated, you will need to be up to date and pay any months you missed during the 12-month contract.
We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges for doing so.
OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE
All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.
ERRORS AND OMISSIONS
We will use our best efforts to prevent errors and omissions from occurring in web page information. If such errors or omissions occur, please notify us within one week of delivery and we will correct them for free, and that will be the limit of our responsibility and liability. After this point, you may incur a correction fee.
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
LIMITS ON LIABILITY
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.
We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
Specifically, we will not be responsible or liable to you for damages or loss caused by:
- your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
- anything done by us on your instructions, or using material you provided to us;
- any breach of these terms and conditions by you;
- any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
NO TRANSFER OF THIS CONTRACT
You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.
We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.
OTHER LEGAL STUFF
We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply.
Practical Website Design, LLC may amend these terms and conditions at any time without prior notice.
If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.
A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.
This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.
All suits and special proceedings brought with respect to these Terms or in connection with these Terms shall be brought only in the courts of the State of New Jersey in Monmouth County, and not in any other courts(s).
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. PRACTICAL WEBSITE DESIGN DOES NOT WARRANT THAT
(I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.