Congratulations on having your very own website! Before you do anything, complete these first three steps.
STEP 1: Post Website Consult
Please schedule your 10-min post website ZOOM consultation with Shelly.
This is the time where you will let us know of any typos needing corrections and ask questions you have about your site. We will go over how to log into your website's backoffice to make edits as well as logging into your Client Portal. You will need computer access so please come prepared.
Your website needs to be connected with your domain provider.
If you gave us login information for your godaddy or domains google account, we will take care of this for you. Please keep an eye out for an email or text from us in case your account needs verification that we are allowed to connect it for you.
All others will need the TWO following DNS records to connect the domain yourself:
We have multiples trainings available. Pick your favorite ways to learn and enjoy!
30 Ways To Drive Traffic To Your Website
Watch now to learn 30 Ways To Drive Traffic To Your Website!
Challenge: Pick ONE to do today. Which one is it?
P.S. If you have the blog writing service, you have THREE opportunities to invite people to subscribe to your blog every single month. Are you sharing on your social media handles the links to that specific blog post? If not, pick the most recent on we just made for you, share it, and invite people to subscribe to it for practical ways to use their oils!
Tucked within your Client Portal is an 8-week course called Get Ready for a Successful Website Launch. These modules will equip you with everything you need to know about putting your new website to work for you! Check it out now if you haven’t already. We love setting you up for success!
Everyone is home right now and online more than ever! You may be wondering how you can get customers to visit your website and enroll without coming across too salesy, pushy, or insensitive. At the same time, you know how important it is for your friends and family to have essential oils in their homes especially during a time like this!
Join Jacque Merville, CEO of Practical Website Design, for a FREE 21-day Workshop. Every day you will be provided with a short training video (topics are listed below) and a practical 10-min task to help you MAXIMIZE YOUR DOTERRA BUSINESS ONLINE!
HOW TO GET THE MOST OUT OF THIS WORKSHOP AND WIN FREE STUFF!
TOP 5 MISTAKE WHEN CHOOSING A WEBSITE DOMAIN NAME
DON'T LET YOUR FACEBOOK PROFILES KEEP YOU FROM GETTING LEADS
HOW TO USE AN E-MAIL SIGNATURE TO INCREASE SEO
HOW TO CREATE A TEXT SIGNATURE IN 6 SIMPLE STEPS
SURPRISING RESULTS OF ASKING SOMEONE TO GIVE FEEDBACK ON YOUR WEBSITE
WEEKLY SUMMARY & HOW TO ENTER TO WIN A FREE DOMAIN!
FACTS ABOUT DOTERRA COMPLIANCE YOU NEED TO KNOW
THIS IS WHAT HAPPENS WHEN YOU SHOW YOUR FACE
BEST TIP FOR USING A CONSULT SCHEDULER TO DRIVE TRAFFIC TO YOUR WEBSITE
#1 SECRET FOR HOW TO STRATEGICALLY WATERMARK IMAGES
STOP! THE RIGHT WAY TO SHARE YOUR WEBSITE DURING A LIVE OR VIDEO IS THIS
DO'S AND DON'TS WHEN INVITING SOMEONE TO SCHEDULE A CONSULTATION
WEEKLY SUMMARY & HOW TO ENTER TO WIN A FREE 30-MIN STRATEGY SESSION
WHAT YOUR WEBSITE SAYS ABOUT YOUR BUSINESS
DEMO VIDEO OF FUNNELS TO INSPIRE YOU TODAY
DON'T WORRY ABOUT MISSING AN ONLINE LEAD EVER AGAIN
THE MOST EFFECTIVE WAY TO USE LAB LINKS GENERATOR YOU MAY NOT HAVE THOUGHT OF
ONE OF THE BEST RESOURCES YOU CAN USE TO SUPPORT YOUR TEAM ONLINE
HOW TO BUILD A WEBSITE PROMOTION AD ON CANVA
WORKSHOP SUMMARY, SPECIAL OFFER, & HOW TO ENTER TO WIN A FREE PRACTICAL WEBSITE DESIGN!
Our website platform has been upgraded into an all-in-one system!
Sounds great, but what does it mean for you? It means there are big changes coming, and while change can be hard, we think you'll be delighted with the awesome new features that will be at your fingertips.
We're excited to walk with you step by step into the world of this new all-in-one system, and together we'll learn how to implement all of the new features!
For current PWD clients only, I'm launching a FREE course teaching you how to implement and navigate:
Top 10 Ways To Use A Website To Launch The Business Building Guide Process Online
Join CEO/Founder Jacqueline Merville of Practical Website Design for a FREE 40-minute workshop. This live zoom webinar will teach you how to use a personalized website to put into action the P.I.P.E.S framework taught in doTERRA's newest Business Building Guide! You’ll learn how it's possible to Prepare, Invite, Present, Enroll, Support, (and Find Builders) from the comfort of your home ONLINE! With Jacqueline’s expert advice, you’ll see it does not require you to be a technological wizard!
Practical Website Design serves more than 700 clients, ranging in rank from Manager to Presidential Diamond, across the USA, Canada, Australia, Europe, and Spanish speaking markets. Over 10% of our clients rank Diamond or above, and we have designed websites for several dōTERRA Leadership and Convention speakers. We deliver high quality and impressive results at an affordable price, making our professional, personalized, easy to use websites accessible to Wellness Advocates of all ranks!
Websites promote you 24/7, and Practical Website Design exists to help you create a beautiful, affordable dōTERRA Certified Website for your business. No web design experience necessary for this workshop; we’ve got that taken care of! Seating is limited – register now.
If you'd like to do the updates on your own, you can do a search in this group for demo videos I've done in the past for how to update the starter kits landing page. You'll need to upload your own images that you've created and add a description.
As for pricing - it will be $97 for us to update the starter kits landing page and how to order graphic but for the first 100 clients, I will discount it to just $50! First come, first served.
If you have a maintenance retainer, we will deduct $50 from there and update your site.
If you are a VIP client in your first year, your site will be updated for you as part of your maintenance package.
If you'd like these updates, send an email to firstname.lastname@example.org.
Happy to serve you!
APR 2021 - MAINTENANCE UPDATE
Canada Starter Kit Page Update ($20)
Hello everyone! If you have a Canada Starter Kit Page on your website, you will need to update with TWO new images, remove a discontinued kit, add 1 description, and 1 button! If you watch the demo video below you can see the necessary changes.
If you'd like us to take care of this for you, e-mail email@example.com for the APR 2021 Canada Starter Kit update ($20).
First year VIP clients, the update has already been completed on your site.
Maintenance Retainer clients with a Canada Landing Page, $20 has been deducted and the update has also been completed.
Happy to serve you!
APR 2021 - MAINTENANCE UPDATE
FIVE Wellness Program Kits Landing Page
Love the new wellness programs! As you know, doTERRA has had 3 and just announced 2 more that become available. These wellness programs are helpful for LRP retention when seeking to grow and maintain rank. We are able to feature them on your website. Check out the demo video below!
If you would like to make the change on your own, joinhttps://www.facebook.com/groups/2804377909649516where I provide the updated images. Be sure to watermark the images and generate the links on your own in your doTERRA Backoffice. There is a video in the group showing you an example of how to get the links.
First year USA VIP clients and USA maintenance retainer clients will automatically get this update taken care of for you.
If you'd like this update, please e-mail firstname.lastname@example.org. Happy to serve you!
JUL 2021 - NEW FEATURE
Cura Collection Features - $15-$50
Hi Everyone! Exciting news, doTERRA has added a Limited Time Offer Enrollment Kit called The Cura Collection.
For those of you that want to have your website be most up to date and have another reason to invite others to check your site and enroll with you, I invite you to watch this video showing TWO options.
The first is how to add a scrolling image banner with the enrollment link for the Cura Collection. You can do this by creating and adding your own image & link as shown in the video. If you'd like for us to do this for you for $15, email email@example.com and I'll send you an invoice.
The second is to have a more detailed Cura Collection Landing page with lots more info and video. We can get this added to your site for an additional $35.
If you want both the scrolling banner image/link and the Cura Collection Additional Landing Page the total is $50. Just let me know below you'd like both.
Happy to serve you! Jacque
JUL 2021 | NEW FEATURE | EIGHT NEW IMAGES!
Uplevel Graphics $40 - Orig. $80
Launch special is 50% off!
Who wants to uplevel their website with brand new images?! Do you feel like your website is a bit outdated or clunky?
These will replace the Welcome, Main Menu, and Funnel graphics on your Home Page. We will also replace the menu graphic on your Essential Oils 101, How To Order, Starter Kits, Next Steps, Blog, And My Story landing pages.
Of course it will be branded with the color that matches your website!
Send an email to firstname.lastname@example.org requesting Uplevel My Website Graphics for just $40! (orig. $80)
SEPT 2021 - NEW PAYMENT METHOD & WORKSHOP
Practical Digital Assets Workshop - $97-$250
Hi Everyone! Exciting news! We are staying on top of cutting edge technology and can now officially accept Bitcoin as a form of payment! Yay! So for those of you that have already gotten on the cryptocurrency bandwagon, you can pay with Bitcoin. Instructions are provided at the bottom of your invoices for those that want to take advantage of it.
For those of you that are new to crypto or curious to learn more, check out our newest Crypto 101 Workshop!
About the Workshop:
Have you been meaning to look into "crypto" and bitcoin, but don't know how to get started? Or, can't seem to glean sound and reliable insight? This four (1-hour each) session workshop will give you practical knowledge and action items to get started.
Join Cameron Merville, a banker and financial risk analyst for this hands-on workshop. As an enthusiast and researcher of Digital Currency & Assets you will be provided with reliable insight and practical steps on how to get started with crypto.
Cameron's background and experience ranges from Financial Consultant with one of the big four auditing firms and other large firms in NYC, FDIC Risk Examiner, regional community banker, to personally leading Dave Ramsey's Financial Peace University small groups.
It's that time of year again! Be sure to edit the year on the bottom of your website to include the current new year.
Find your answers below!
Q1: Where is my password? I can't log in.
Upon completion of your website we sent you an email that included all of your passwords. It was titled "Next Steps...." or "New Questionnaire: Next Steps...." If you cannot find your login information, please e-mail us at email@example.com
Q2: I got an e-mail saying "In a few minutes you'll be receiving instructions for the doTERRA Certified Seal". What do I do now?
Nothing. When you receive this email we receive one as well and we will add the seal/logo to your website for you. We will send you an email when it's complete.
Q3: How do I change my main header picture?
Here is a video showing how to swap out pictures, add headshot to Main Header, etc... Scroll down the the unit video that says "How to Add a Headshot and Update Photos" HERE.
Q4: How do I add a section?
Click HEREto view a video showing how to add a landing page or a section.
Q5: How do I change my colors or font?
Click HEREto learn how to change button shapes and colors.
Q8: Do I have a referral link? How does that work?
No we do not have a "referral link" BUT in our order form we have a spot for you to name the person that referred you to us and once your order is placed they get $25!!! And guess what? When you refer someone to us the same thing happens when they name you as the referrer!!!
Q9: How do I change my Strikingly password, Members Only password or Client Portal password?
Q10: When are invoices sent and when are they due?
Most invoices for monthly or annual services will be sent on the 21st and due by 28th. A reminder of payment due email will be sent when it is 2 days past due. We cancel any unpaid services on the 1st of the month.
Q11: My friend wants a website, where do they go?
We would love to chat with them and get them started with their own customizable website! They can check out all of our services and prices here:
Hosting renewal is $180 per year. This is the only service you need to keep your website active from year to year.
If you'd like us to continue updating your Specials Section then it's $100/year. The blog writing service is $200/year to renew. Both the Specials Updating Service and the Blog Writing Service are optional.
If you chose the VIP Package, required doTERRA compliance maintenance updates are included for the first year. After the first year, you may purchase a maintenance retainer service for $250 at a time or notify us of which updates you would like throughout the year and we will send you an invoice on a as-needed if you need us basis.
Join Our Facebook Community Groups
(New + Prospective Clients)
This is our main facebook community group. Request to join if you are interested in getting a website or already have one through PWD. Inside you'll view special discounts, how-to videos, and get website support!
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!
Take your website to the next level! This course shows you how you can do some really cool stuff to your website that we don't typically include in our website designs or that would cost well over $600 for us to do for you!
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.