Acceptance of Terms
PINKERBEE.COM (“Provider”) provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the PINKERBEE.COM.com website.
The agreement contained in this “Website Rental Agreement” is between PINKERBEE, (“Company”) and you (“Client”) constitutes the sole agreement between Company and the Client regarding renting a website from Company.
Scope Of Work
- New Website/ Rebuild Website
- Company retains ownership of domain in which work will be created on, until acquired by client under Purchase Terms or if Client already owns the domain.
- Company retains ownership of all web design, features and functionality created on domain, until acquired by Client under Purchase Terms. Client retains rights to all of their own provided text and graphic content.
- Client may forward any pre-owned domains to the domain in which the website is built.
- Company agrees to design, publish, and maintain a website for Client according to agreed upon specifications and the package option selected.
- Any additional work not specified in this contract must be authorized by a written change order. A change order submitted by email meets this requirement.
- Client is solely responsible for supplying website content and images. Company can assist Client in developing website content and images.
- The Client represents to Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company from any claim or suit arising from the use of such elements furnished by the Client.
- The Company represents to Client the finished assembled work of Web pages produced by the Company is owned by Company.
- If a domain is purchased on behalf of Client, Company owns the website domain name until it is purchased by Client at anytime.
- Guided Plan users must follow the template design chosen with basic customizations made. These basic customizations are limited to:
- Replacing text content
- Replacing image content
- Color changes
- Font changes
- Removing existing functionality and/or content already on the template chosen
- Other minor* requests (*to be determined by Company)
- Any other customizations made to a Guided Plan user’s website must be estimated out, and approved by Company. Once hours are determined, bundled hours can be purchased to make these customizations here.
- The Company retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
- Guided Plan users receive a maximum of 30 minutes per month (following the “Original Build Period”) to be assessed to any website edits. This does not include time spent on initial built.
- Custom Plan users receive a maximum of 120 minutes per month (following the “Original Build Period”) to be assessed to any website edits. This does not include time spent on initial built.
- Time in excess of the allotted hours will be billed at $60.00 per hour at an incremental rate of 0.25 hours rounding up to the next 0.25 hour.
- Editing hours do not roll over to the next month.
- During the “Original Build Period” edits are unlimited in scope, unless work outside of original scope of work is requested, in which time a separate invoice may be sent out after an agreed upon amount.
o Client agrees that Company may put a byline and hyperlink on the bottom pages of Client’s website establishing authorship credit and copyright notice and that Company may advertise Client’s website as an example of their work.
o In no event will Company be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage
Company represents and warrants to Client that it has the experience and ability to perform services required by this Agreement; that it will perform said services in a professional and competent manner: that is has the power to enter into and perform this agreement.
Client acknowledges that the services rendered by Company under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
Company recognizes and acknowledges that this Agreement creates a confidential relationship between Company and Client and that information concerning Client’s business affairs, Clients, vendors, finances, properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information”.
Company agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client.
Compensation And Term
- The initial term of the agreement is month-to-month.
- The monthly rental charge is dependent upon the Website package chosen by the Client.
- Client invoiced amount may change if Client requires Company to make changes noted in the add-on section on Company’s website.
o Client can pay the invoice with any major credit/debit card thru PayPal.
o The Client must pay via debit or credit card to be auto-withdrawn monthly
o If Client misses a payment or their card has insufficient funds, a notice will be sent from Company to Client. If Company does not receive Client’s payment within 15 days, Company reserves the right to disable Client’s website until payment in full.
- You may pause services at anytime. During paused services, your website will be put in a “blank” state. This request can be made by email to [email protected]
- You may re-instate services for no charge during the remainder of your current paid month.
- There will be a reactivation fee of $50 to reactivate an account for the first 60 days after your current paid month.
- There will be a reactivation of $80 after 60 days of paused services.
- After 120 days of paused services your the site will be deleted. A warning email will be sent prior to deletion.
- Client may terminate the agreement at anytime by notifying the Company in writing. Termination submitted by email meets this requirement.
- Company will disable the website after the active paid month once the termination notice is received from Client unless requested by Client to end before the end of the paid month.
- Client may choose to purchase the domain and website from Company. The amount must be at an agreed amount between the Company and the Client.
- Guided websites are valued at 36 months of service and can be purchased at any time during the rental period. (ex. $39 per month website is valued at $1400.00)
- Custom website are valued when requested by client following an audit of the site. Value is determined by the time spent, complexity of the site and customizations made.
- Company will assist in forwarding the current website domain to the domain with the finished assembled work of Web pages.
Laws Affecting Electronic Commerce
- From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Client guarantees that any elements of text, graphics, photography, trademarks or other artwork provided by Client are owned by Client, or that Client retains permission to use them. Client will hold PINKERBEE harmless against any and all claims, losses or costs (including court costs and reasonable attorney fee), arising out of or resulting from the use of unlicensed text, artwork and photography.
SEARCH ENGINE OPTIMIZATION (SEO):
Although development of the website will follow SEO guidelines and best practices, PINKERBEE can legally and ethically make no guarantee or promise of specific results or rank on search engines.
OTHER LEGAL STUFF:
PINKERBEE can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. PINKERBEE is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Client has advised PINKERBEE the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Client without the permission of PINKERBEE.
To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on PINKERBEE’s fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to PINKERBEE reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.
THIRD PARTY RIGHTS:
PINKERBEE represents, warrants and covenants to Client that, (a) PINKERBEE’s contribution to the Design Services constitute wholly original work; and (b) to the best of PINKERBEE’s knowledge, PINKERBEE’s contributions to the Design Work do not violate, infringe upon or misappropriate any third party rights. Notwithstanding the foregoing, PINKERBEE has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for PINKERBEE’s use as a trademark or service mark. Client shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.
Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.
Constant communication and follow up feedback via phone, in person, or email between PINKERBEE and Client is necessary to complete assignments on a timely basis and is a huge factor in the estimated timeline.
The WordPress themes, plugins, extensions & snippets authored by Provider and/or provided on PINKERBEE.COM.com are licensed under the GNU general public license.
All items listed in the PINKERBEE.COM directory are developed by third-party developers and redistributed by PINKERBEE.COM under the terms of the General Public Licence (GPL). PINKERBEE.COM is not associated with or endorsed by the developers of any items featured on this site and don’t offer any additional author services like author’s support and license keys..
Membership and/or Price Changes
We do not promise that any particular item will continue to be available on our website. We reserve the right at any time to modify or services with or without notice. Prices of any products are subject to change at any time by posting the changes to our website.
Customers will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. Provider will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that Provider requires that all users be over the age of 13 to have a customer account.
Account Termination and Suspension
Provider reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the Provider staff and/or other Provider customers; 2) Repeated defamatory, malicious, and/or false statements including slander against Provider, and/or attempts to persuade potential customers away from purchasing Provider products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) Provider reasonably believes that your account has been compromised, shared with others, or for other security reasons.
Provider reserves the right at any time to modify and/or discontinue a product with or without notice. Further, Provider may add new products and/or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the Provider website.
Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Updates To TOS. The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms. If there is a conflict between this TOS and those for a specific Provider service, the terms for the specific service will prevail.