FINDMY.BIZ TERMS OF SERVICE
In this document: (1) “we,” “us,” and “our,” mean Findmy.biz. (2) “you,” “your,” “customer,” and “members” mean an account holder or user with us; (3) “Package” means the initial group of features the customer has chosen, including the agreement to the monthly service fee. Our current packages are “Basic”, “Super”, and “Premium”. (3) “Service” means any monthly services provided by the monthly packages or any additionally services requested. (4) “Studio hourly rate” in the hourly rate charged to customers when any work is done outside of the range and features of the customer’s package, and monthly benefits. (5) “Site” is the website we create for your business.
The Service Agreement
These Terms of Service are part of your service agreement with us and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. In addition to these terms of service, there are several parts of the Agreement, which includes but is not limited to the following: (i) the Terms of service agreement or transaction materials that you sign or accept; (ii) the packages(s) that you chose as set forth on our website that we provide or refer you to during the sales transaction.
When You Accept The Agreement
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, including on the web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t want to accept the Agreement, don’t do any of these things.
To obtain service with us, the customer must agree to the TOS, choose a package, pay the initial set up fee, and the first month of service at the service rate for that package. The initial service fee is determined by the package chosen by the customer. Our monthly service rate is determined by the chosen package. The customer agrees to a monthly fee for our service at the agreed rate per month for a period of 12 months. The initial setup fee and monthly rate will be clearly stated at the payment gateway at time of payment.
If requirements of your project exceed the products or services that are included in your package you may purchase additional products or services at an additional cost. All such prices quoted are, in the absence of specific written agreement to the contrary, estimated only. All such quotations for design work are based upon projected working hours at the current studio hourly rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the customer.
OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must be provided by the client (unless the customer has hired Findmy.biz for content development which would incur the studio hourly rate). The client must have ownership or written permission to use all content they submit. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Findmy.biz cannot be responsible for intellectual property infringements on behalf of clients. Also, Findmy.biz cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.
The Site and content we create is the property of Findmy.biz. Findmy.biz reserves complete title and full intellectual property rights of websites created and of all content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from the Site or the Service, except as expressly permitted by us.
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Findmy.biz or its partners, affiliates, contributors or third parties. The copyrights in the content are owned by Findmy.biz or other copyright owners who have authorized their use on the Site.
Because the web is always changing and updating we do not guarantee that your site developed by Findmy.biz will work on every browser available. The sites we design are made to be responsive and use the most modern technology in web design. If your web site has trouble loading make sure that your browser is updated to its latest version. Findmy.biz will not be held responsible for you or your client’s use of an outdated browser, or the ability to view the website outside of it recommended requirements. We recommend the browser “Google Chrome”, and if you prefer “Internet Explorer”, or “Mozilla Firefox”, update them to the latest versions.
Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement. We will adhere to the agreed rates of service for the duration of the 12 month agreement.
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Customer shall cooperate with Findmy.biz to provide any and all necessary content, that may be required for the full design and development of any Customer Website and any Webpage contained therein. The failure to reasonably provide such requested information will result in a website with no content. In such event, Customer shall not be entitled to any refund, credit or other reduction in fee for any unfinished work.
The customer shall appoint one (1) individual within customer’s organization to serve as primary contact between the customer and Findmy.biz for purposes of each design or development project. Contact information for this individual shall include email address and telephone number.
Term Commitments & Early Termination Fees and Termination
All of our packages require you to maintain our services for a minimum term of 12 months. (“Term Commitment”). You will be charged a fee (“Early Termination Fee”) if you terminate our service early (i.e., prior to satisfying the Term Commitment) or if we terminate your service early for good reason (for example, violating the payment or other terms of the Agreement). Your fee will be your agreed monthly fee times the number of remaining months in your Term Commitment. If your service is terminated, your website will become inaccessible until your fee is satisfied. Once you satisfy the Term Commitment you may resume service with us. If your monthly service payment is more than 15 days late, you will receive a late fee of $19.99. Your site will be inaccessible until you payments are satisfied and brought current. After you have satisfied your Term Commitment you may continue to use our service for your monthly fee agreed on, and this Agreement still applies. If you wish to terminate our service after the Term Commitment is satisfied there will be no termination fee. Your site will just become inaccessible.
HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via our content upload link in your email, email or on CD. Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance. The customer should spell check proofread and carefully edit of their text before submitting it. If the time required making substantive changes to the client submitted text exceeds past the time limit of the monthly package the customer will be billed at the studio hourly rate. The customer will be advised when they have reached their monthly limit, and before any additional work is done on their behalf.
Refusal of Service
Findmy.biz reserves the right to refuse any customer any one of their offered packages. We also reserve the right to refuse any additional design or development not included in the features of the customers purchased package.
Notwithstanding anything to the contrary contained in these terms, neither Findmy.biz nor any of its partners, subcontractors or agents, warrants that the functions contained in any website produced under these terms will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of any website is with the customer. In no event will Findmy.biz be liable to the customer or any third party for any damages, loss of services including, but not limited to, hosting service providers, domain names, domain name registrant services, ecommerce features including but not limited to: SSL certificate(s), Paypal™, payment gateway(s), merchant account(s), service interruptions caused by acts of God, the hosting service, hacking, hack attacks or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software, even if Findmy.biz has been advised of the possibility of such damages.
Findmy.biz may utilize the services of subcontractors to fulfill any or all of its obligations under this agreement. We may assign any or all of our rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein.
When the customer pays for a package they agree with the terms, features, and limitations of that package. The customer can upgrade their package any time by request, and paying the difference. All packages offered include the monthly service fee listed with the package. The customer can have work completed beyond the scope and limitations of their package provided they pay Findmy.biz the studio hourly rate. The monthly feature of two hours of design, development, of consultation resets back to two hours at the first of every month. The features of your package does not carry over if it was not used the previous month. Findmy.biz will keep detailed records of what work was done than will be provided at the customer’s request.
As part of every package we agree to purchase a domain name for your website. We will pay up to $15 for your domain name. Most standard domain names can be acquired at this price. If you choose a domain name that is premium you will be informed of the difference in cost. We will then assist you in finding a domain name that is priced to fit into our package. If you decide you want the premium domain name you may pay the difference in cost. Example: eggstrabusiness.com domain name costs $11.99, but eggstra.com costs $1900. Some domain names are trademarked and cannot be obtained. A good example of this would be “google.com”. We have to use a third party registrar to obtain these domains and we cannot be held liable for any domain names being unavailable.
Extra domains: We encourage you to add more domain names relevant to your business. These can all be forwarded to your main domain to increase your web presence. To get extra domain names send us a list of available domain names. We will calculate the setup costs of them and send you an email of the domain names with the pricing of each. The current estimated cost of extra domain name setup is $20 per domain name. If you choose an extra domain name that is premium it may cost more. If you wish to obtain them, send us a payment for the setup fee in our custom payment area. After payment is received we will purchase them, transfer them to our premium server and set them up to forward to your main domain name. These domain names must be renewed every year at the cost the registrar requests.
Domain name renewal: Domain names must be renewed every year. They also can increase in cost. At the time of your domain renewal you will be billed the cost of the renewal. The cost is regulated by a third party, and Findmy.biz will not be held liable for any price increase of domain names.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) late payment; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) providing false, inaccurate, dated, or unverifiable identification or credit information if we believe the action protects our interests, any customer’s interests, or our networks. (h) Submitting copyrighted text pictures, or information for your website without owning that copyright.