Terms of Service Effective Date: August 5, 2018 Hello and welcome to Mini Site Shop s Terms of Service! Because the template sold on MiniSiteShop.com are digital, they cannot be returned and are therefore, non-refundable. Please contact us if you have any questions: project@krissdidit.com. By purchasing you are legally bound to the following terms: This SERVICE AGREEMENT, along with the Terms and Conditions which are hereby incorporated by reference (the Agreement ) between The Rowry Agency, Inc. ( Designer ) and you ( Client ), for good and valuable consideration as contemplated herein. The parties agree as follows: 1. Statement of Purpose: The purpose of this project (the Project ) is to create a mini website for the Client during the timeline outlined in Exhibit B of this Agreement. 2. Project Description: Designer will create a mini website for Client as set forth in Exhibit A below. 3. Copywriting: All finalized copy will be provided by Client via typeform. Designer will not search elsewhere for content/text needed for the Project. Any delays in receiving copy will result in a delay in the launch of the mini website and a new timeline will be established based on Designer's current workload and active projects. Repeated failure to send finalized copy according to the timeline (3 times or more) will result in termination of the project by Designer and no payments will be refunded. For the purpose of clarity, Designer has no obligation to make changes or additions to copy after the launch date. 4. Images/Other Media: All images used for the services described in this Agreement will be provided by Client via typeform. Designer is not obligated to search elsewhere for images needed for the project. 1 MINI SITE SHOP TERMS OF SERVICE
5. Deliverables The Wordpress site will be created on Client's server. Designer has no obligation to provide Client with any other files after the launch date, other than those mentioned in this Agreement. Exhibit A: Scope Designer shall provide Client with the following services and/or deliverables ( Services ): Website template Hosting and domain integration Wordpress installation Email platform integration Website training videos Exhibit B: Timeline The Project will commence and end on the date Client chooses upon payment. Any delays to the timeline caused by Client will result in the project being delayed and a new timeline will be established based on Designer s current workload and active projects. Exhibit C: Cost The Mini Site service is $447 USD. The payment is due now to begin. 2 MINI SITE SHOP TERMS OF SERVICE
Terms & Conditions 1. Default in Payment. Payment for this service shall be made immediately by Client. The grant of any license or right of copyright is conditioned on receipt of full payment. Designer reserves the right to halt or terminate services until the Client has made all outstanding payments to date. Client shall assume responsibility for all collection of legal fees necessitated by default in payment. 2. Progress Reports. Designer shall inform Client upon discovery of any event or problem that may significantly delay the performance of Services. 3. Delegation. Client acknowledges that portions of the Services may be performed by other designers, in-house consultants, and/or assistants employed by, associated with, or contracted by Designer, in Designer s sole discretion. 4. Moral Clause. Designer may refuse to perform Services for a Project or any design work based on the content of the work being created or Client s particular line of business, for any reason. For the purpose of clarity, Designer will not take on design work that Designer finds offensive, including but not limited to, content that Designer deems pro-violence, illegal, racist, or otherwise goes against her morals and/or values. Designer shall inform Client as soon as possible if the work presented goes against Designer s morals and/or values. If Client withholds information that otherwise would have resulted in a refusal of work based on this paragraph until after the Agreement is signed, this Agreement will be voided, Designer will cease work immediately, and Client will not receive any of the deliverables in this Agreement, or the right to use any art created. 5. Ownership and Rights. All deliverables and all the results and proceeds of any of Designer s services hereunder shall be the sole property of Designer, including all right, title and interest in and to any intellectual property created pursuant to this Agreement. Designer shall have the right to document, photograph or otherwise record all completed designs or installations of the Project, and to reproduce, publish and display such documentation, photographs or records for promotional purposes. Designer retains ownership of all original artwork, in any media now known or hereinafter devised, including but not limited to, digital files within preliminary phases and any and all final deliverables, whether or not Client IP is included in the deliverables. Designer retains the right to show art within her portfolio and use for press release purposes after final product is already publicly known through no act of Designer. 3 MINI SITE SHOP TERMS OF SERVICE
6. Communication/Office Hours. The primary form of communication will be email. It is important that Client responds to questions, requests and communications in a timely manner. Please note that Designer has multiple clients. In order to provide the best service for every client, Designer requires fair, realistic notice in writing in order to attend to requests. Designer's office hours are Monday - Friday 9:00 am to 6:00 pm (PST). Designer does not work on weekends, holidays, or scheduled vacations. 7. Usage. Designer hereby grants to Client a license to use the deliverables and/or any other intellectual property created, produced or provided hereunder for the limited purpose of Client s commercial website. 8. Cancellation. For the purpose of clarity, in the event of cancellation of the Project, ownership of all copyrights and original artwork provided for the Project by Designer shall be retained by Designer. 9. Expenses. Designer shall inform Client of all expenses (if any) Designer incurs for the Project. Expenses shall be payable when an invoice is rendered. Approval shall be obtained for any additional expenses that exceed the original estimate. Designer shall provide a detailed expense list upon Client s reasonable request. 10. Accuracy and Approval. Final approval requires Client to look over the design and copy to make sure everything is correct. If, after the launch date, Client discovers that an approved file contains errors, Client will be solely responsible for making corrections, as the design and copy are provided as-is. Designer has no obligation to ensure the accuracy of information supplied, including but not limited to, deliverables. Designer will not be responsible or held liable for the results and proceeds of Services performed on the basis of any information furnished by Client that is inaccurate, incomplete or untruthful. Client assumes responsibility for any changes to the website after the site is live. 11. Search engine optimization (SEO). Designer makes no guarantees that Client's website s search engine ranking will improve after the Services have been performed. Designer does, however, warrant that the website will be accessible to search engines. 12. Accreditation and Promotion. Designer shall place accreditation, as a hyperlink, in the form, size and location as incorporated by Designer on the final website. As long as Designer's design is being used on the website, the accreditation placed in the footer cannot be removed. 4 MINI SITE SHOP TERMS OF SERVICE
13. Support Services. Once Client s site is launched, Designer may be hired for continued support services as needed. Support services is the technical support and assistance to maintain and update the website, including correcting any errors or deficiencies. Designer will not be responsible for the website in any way after the launch date, and will not provide support services, or any other services, after the project end date, unless otherwise agreed to in writing. 14. Browser Testing. Client acknowledges and understands that the website that will be created will be responsive (i.e. the website user will have an experience that is devicespecific). Client therefore acknowledges and understands that the website may not look exactly the same in different browsers with different capabilities and/or on different devices. Prior to the launch date, Designer will test the website in the current version of Chrome, Safari, and Firefox only. 15. Mobile Browser Testing. Client acknowledges and understands that the website that will be created will be mobile responsive, which means that the website user will have an experience that is device-specific. This does not mean that the website will look exactly the same in different mobile browsers with different capabilities. Designer will test the website in the current version of ios and Android via Google Chrome only. 16. Representations and Warranties. Client represents and warrants that any and all elements of text, graphics, photos, designs, trademarks, or any other artwork or intellectual property ( IP ) that are provided to Designer for inclusion in the deliverables are either owned by Client free and clear of any liens or encumbrances, or that Client has valid, legal permission to use. In the event that Client is using an element of text, graphics, photos, designs, trademarks, or any other artwork or intellectual property that is licensed to Client from the owner of any IP, Client will provide Designer with a copy of the documentation granting such permission from the owner of any IP. In the event that the text content, photographs and other data that is provided is not owned by Client and Client expressly or impliedly claimed that Client either owned the IP provided, Client agrees to pay all costs, expenses and fees that may incur that are associated with any claims or disputes that may arise as a result of Client's lack of ownership and/or permission to use the text content, photographs and other data. Client agrees to defend, indemnify and hold harmless Designer and their respective parent, affiliates, subsidiaries, successors, assigns, licensees, officers, directors and employees from and against any and all third party claims, liabilities, losses, damages, costs, expenses (including reasonable outside attorneys fees), judgments and/or penalties arising out of, resulting from, or based upon or incurred (each, a Claim ), to the extent that such Claim relates to arises out of any material, uncured breach by Client of this Agreement or any of its representations or warranties under the same, including but not limited to a material, uncured breach of this paragraph. 5 MINI SITE SHOP TERMS OF SERVICE
17. Project Cancellation. If in any event the Project stops for more than 1 month the Project will be considered dead and cancelled. This contract will end and no refund will be issued. 18. Exit Clause. If at anytime it becomes apparent that Client is not equally as invested in the success of the Project for reasons, including but not limited to, not making decisions, delayed approvals, delays in sending in copy, consistently being disrespectful to Designer or contractors and/or compromising the integrity of the Project, Designer reserves the right, in Designer s sole discretion, to terminate this Agreement at any point. This contract will end and no refund will be issued. 19. Limitation of Liability. Designer shall not be liable to Client for indirect, consequential, special, punitive or exemplary damages or penalties of any kind, including lost profits or loss of business opportunity, arising from or related to this Agreement under any contract, negligence, strict liability or other theory. This limitation will apply even if such party has been advised of the possibility of such damages. 20. Miscellaneous. This Agreement constitutes the entire understanding and agreement between the parties regarding the subject matter of this Agreement, and supersedes all prior or contemporaneous agreements, oral or written, made between the parties relating to such subject matter. This Agreement shall be governed by the laws of the state of California, without regard to the conflict provisions thereof. This Agreement may only be amended, modified, waived or supplemented by an agreement signed by both parties. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original. Any signature delivered via facsimile or other electronic means shall be deemed an original signature hereto. 6 MINI SITE SHOP TERMS OF SERVICE
Privacy Policy Effective Date: August 5, 2018 SECTION 1 WHAT DO WE DO WITH YOUR INFORMATION? When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products, services and other updates. SECTION 2 CONSENT How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at kriss@krissdidit.com. SECTION 3 DISCLOSURE We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. 7 MINI SITE SHOP TERMS OF SERVICE
SECTION 4 THIRD-PARTY SERVICES In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website s Terms of Service. Links When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. SECTION 5 SECURITY To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. 8 MINI SITE SHOP TERMS OF SERVICE
SECTION 6 CHANGES TO THIS PRIVACY POLICY We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. For questions regarding this policy please email kriss@krissdidit.com. 9 MINI SITE SHOP TERMS OF SERVICE