Terms of Service
Service terms for SiteBuilderOne website development, hosting and domain names. This terms of service agreement sets forth the terms and conditions of your use of the products and services made available by SiteBuilderOne and of the SiteBuilderOne.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Websites are built using open-source software called WordPress. This web content management system (CMS) platform allows you to add new web pages, update content and make adjustments when required. WordPress is free to download and use, and offers a variety of customization options based on your needs. More information about WordPress at WordPress.org.
WordPress Web Design & Themes
We use premium WordPress themes to build your website with additional customization and enhancements based on your website needs. Should you or any other developer decide to change your theme or make further adjustments after we have completed the website development work, additional charges will apply. WordPress themes need to be updated on occassion as the WordPress software updates, if your are on our ‘Managed WordPress Plan’, we will review the updates and update when both WordPress and the themes have their bugs worked out.
There are a number of outdated themes websites use. We highly recommend having your website reviewed and strongly advise updating or upgrading to a theme that will carry you in to the futre. Outdated themes are a liability as they can be targets for misuse. Should your outdated theme affect the web server performance or produce illicit acitivities, we will disable your website until the matter has been resolved.
Website hosting is defined as the storage space and web server that ‘serves out’ your website to visitors to your site.
Website hosting term plans are pre-paid yearly, bi-yearly and monthly.
SiteBuilderOne does not provide email hosting services. With the number of devices that can connect to a mail account, it is highly advisable to separate the two concerns; email hosting and website hosting. In our opinion, a fast web hosting service should be dedicated to serving out your website files to your visitor, while email has additional functionality requirements in supporting cross platform devices. We highly recommend setting up a gmail email account or any other alternate, such as Outlook, ProtonMail or other.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Payments received will be first applied to the oldest outstanding invoice in your billing account.
We currently accept the following payment methods:
- credit card (VISA or MC),
- Internet e-transfer or Interac,
- BitCoin/LiteCoin/Dash (upon approval) and
Unless otherwise provided, you agree that until and unless you notify SiteBuilderOne of your desire to cancel the Services, you will be billed on an automatically recurring basis. To prevent any disruption to your Services, using your credit card or other billing information on file with us.
Non-refundable Products and Services.
There are no refunds on domain names, website hosting services, administrative fees, license fees, and installation fees for scripts, software, themes or modifications to your website or account. Services pre-approved provided by the hour are not refund-applicable.
SiteBuilderOne may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm SiteBuilderOne or others or cause SiteBuilderOne or others to incur liability, as determined by SiteBuilderOne in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, SiteBuilderOne shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SiteBuilderOne may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Limitation of Liability
IN NO EVENT WILL SiteBuilderOne ITS DIRECTORS, OWNERS, EMPLOYEES, DEVELOPERS, DESIGNERS, COPYWRITER OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SiteBuilderOne IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SiteBuilderOne’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SiteBuilderOne FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless SiteBuilderOne, our contractors, developers, designers and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
SiteBuilderOne and User are independent contractors and nothing contained in this Agreement places SiteBuilderOne and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
SiteBuilderOne shall not be responsible for any damages your business may suffer. SiteBuilderOne makes no warranties of any kind, expressed or implied for the Services. SiteBuilderOne disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by SiteBuilderOne or our contractors or employees.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, SiteBuilderOne AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. SiteBuilderOne AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. SiteBuilderOne AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Changes to the Agreement or the Services
SiteBuilderOne may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the SiteBuilderOne website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
SiteBuilderOne reserves the right to modify, change, or discontinue any aspect of the Services at any time.
22 Mar 2019 02:04:36 PM