Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Scope of Work
Soul Imagery (the “Developer”) hereby agrees to provide the services described on Exhibit A (“Scope of Work”), as seen and incorporated herein, to (“Client”) pursuant to the terms of this Agreement. Developer hereby agrees that the services to be designed by the Developer will not contain any scandalous, libelous, or unlawful matter and will meet the requirements of the National Website Guidelines of the Client.
By choosing a Website Maintenance Package the Client agrees to be charged a separate reoccurring monthly service fee. Website Maintenance will include Design, Technical, and Content Maintenance. Design Maintenance covers creating new buttons, ads, or web banners for you. Design maintenance is what you would need if you wanted to keep the site design fresh each month. Content Maintenance covers creating new posts, and/or adding new page content. Technical Maintenance covers database backups, site (files) backups, SSL management, log cleaning, software updates, widget/plugin updates, and troubleshooting.Please allow up to 48 hours for simple maintenance request to be completed. For extensive maintenance request that include the following......... Please allow 3-5 business days to process. Any request made after 7 pm EST via email, phone call/voicemail, fax, text message, will be considered the next business day. (Example: Client makes a request at 7:30 pm EST on a Monday, Soul Imagery, LLC will have up to the following Thursday to complete the request.) Request that coincides with a nationally recognized Government holiday, please allow up to 72 hours for a maintenance request to be made. (Example: If a client makes a request on a Saturday and the upcoming Monday is a holiday, Soul Imagery, LLC will have up to the following Tuesday to complete the request
Declining Website Maintenance
If a customer decides not to have a monthly website maintenance fee, they will be obligated to pay a flat fee for a particular website package and will be responsible for all domain and hosting fees as well as take over responsibility of their website maintenance needs. Soul Imagery, LLC will be available to assist with any maintenance request at an hourly rate of $80/hour. Please allow up to 48 hours for simple maintenance request to be completed. For extensive maintenance request that include the following......... Please allow 3-5 business days to process. Any request made after 7 pm EST via email, phone call/voicemail, fax, text message, will be considered the next business day. (Example: Client makes a request at 7:30 pm EST on a Monday, Soul Imagery, LLC will have up to the following Thursday to complete the request.) Request that coincides with a nationally recognized Government holiday, please allow up to 72 hours for a maintenance request to be made. (Example: If a client makes a request on a Saturday and the upcoming Monday is a holiday, Soul Imagery, LLC will have up to the following Tuesday to complete the request.
Client and Developer agree that there are two performance milestones for the Scope of Work: 1) design, completion and acceptance of the graphic design (the “First Milestone”) and 2) delivery and acceptance of the final design (the “Final Milestone”). Client acknowledges and agrees that Developer needs certain source materials from Client to meet the First and Second Milestone. Client hereby agrees to the following deadlines related to the milestones: the First Milestone shall be accomplished no later than _40_ (business) days after the effective date of this contract. The Client shall have 2 days after the First Milestone to (A) accept the design provided by the Developer, (B) request changes on the proposed graphic design, (C) request a new prototype, (D) request a refund. In the event the Client chooses (D) a refund, the Client then has the right to 20% of the First Installment (down payment) within 7 days. If the Client chooses options A, B, C or D; requests will be accomplished no later than 10 days. After acceptance, the first installment (payment) shall not be refundable. Once the Client is delivered the final design and acceptance of the final design, the Second and Final Milestone shall be accomplished no later than _5_ days upon delivery. The Developer shall not be responsible for failing to meet the deadline for the First or Second Milestone if the Client does not provide such information to the Developer within 5 days of the effective date of this Contract.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.soulimageryllc.com. The collective work includes works that are licensed to www.soulimageryllc.com. Copyright 2003, www.soulimageryllc.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.soulimageryllc.com. or purchasing www.soulimageryllc.com. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.soulimageryllc.com. or to purchase www.soulimageryllc.com. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.soulimageryllc.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.soulimageryllc.com. used in the site are trademarks or registered trademarks of www.soulimageryllc.com.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.soulimageryllc.com. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.soulimageryllc.com. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.soulimageryllc.com. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.soulimageryllc.com. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.soulimageryllc.com. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a www.soulimageryllc.com. product is mistakenly listed at an incorrect price, www.soulimageryllc.com. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.soulimageryllc.com. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.soulimageryllc.com. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.soulimageryllc.com. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.soulimageryllc.com. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.soulimageryllc.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.soulimageryllc.com. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.soulimageryllc.com. products) must be commenced within one (1) year after the claim or cause of action arises. www.soulimageryllc.com. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.soulimageryllc.com. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.soulimageryllc.com. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
www.soulimageryllc.com. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.soulimageryllc.com. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.soulimageryllc.com. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.soulimageryllc.com. in its sole discretion.
You agree to indemnify, defend, and hold harmless www.soulimageryllc.com. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, www.soulimageryllc.com. may link to sites operated by third parties. However, even if the third party is affiliated with www.soulimageryllc.com. www.soulimageryllc.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.soulimageryllc.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.soulimageryllc.com. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Website Package Policies
- All website plans have unlimited email support.
- Free website package ("The Deal") customers have unlimited emails support, 20 min phone support monthly, up to 3 request a
month for $39.99/month.
- Up to five (5) request $44.99/monthly, greater than eight (8) request a month $49.99/monthly.
- "The Economics" will offer twenty-fine (25) minutes of phone support monthly, up to five (5) request a month for $44.99/monthly,
up to seven (7) request $49.99/monthly, greater than ten (10) request a month $54.99/monthly.
- "The Premium" package offers thirty (30) minutes of phone support monthly, up to five (5) request a month for $49.99/monthly,
up to seven (7) request a month $54.99/monthly, greater than eight (8) request a month $59.99/monthly.
- "The Elite" package offers thirty (30) minutes phone support a month, up to five (5) request a month for $49.99/monthly, up to
seven (7) request a month $54.99/monthly, greater than eight (8) request a month $59.99/monthly.
Website Package Cancellation Policy
Cancellation policy for the Free website package ("The Deal") will incur a $250.00 fee within first six (6) months of services; A $150.00 fee for 6 months or more of service within the first year. After one (1) year of service with the free website ("The Deal") package there is No Cancellation Penalty Fee but client will be billed by Soul Imagery, LLC if domain and hosting were paid for prior to cancellation request being made.
Credit Cards & Payments
Clients are responsible to keep updated credit cards on file. If a credit card is expired and payment is missed customers have 30 days to submit payment or Soul Imagery, LLC reserves the right to take the website down after 30 days (only applies to the free website package only). Soul Imagery, LLC reserves the right to decline maintenance request if payment is not current for any website packages