TERMS & CONDITIONS (Practical Website Design, LLC)
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. If, at any stage until delivery, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
PRO SUBSCRIPTION FEE
You agree to a 12-month Pro Subscription 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 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.
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, but we recognize that creativity does not follow a schedule, so time is not of essence in the contract.
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.
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.
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. 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 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.
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.
ERRORS AND CORRECTIONS
Clients should notify the web designer of any errors within 1 week of the website being delivered. 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. 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 of $100. Price subject to change. Rush work means work that you request us to complete within one (1) week of your request.
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.