WEBSITE IN A WEEK TERMS AND CONDITIONS
Last updated October 10, 2022
By purchasing a Website in a Week package, you’re agreeing to Collide Digital (“Service Provider”)’s core terms of use.
“Client” is entering into this Service Provider Agreement (“Agreement”) in order to memorialize terms that will govern any and all work that Service Provider may perform for Client during its term.
GENERAL TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
This Agreement will not take effect, and Service Provider will have no obligation to provide services, until Client completes their full or first payment.
If at any time the Client violates these Terms and Conditions, then we shall immediately terminate use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access to our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our designs are copyrighted. You may not resell the design or claim the design as your own. Collide Digital owns the property rights to all designs, graphics, photos and files included in your design. You are prohibited from sharing the theme or any design elements we provide with additional users.You may only use a theme for ONE product or page. You may not transfer your template to anyone else.
Designers are prohibited from claiming our themes as their own and promoting them as original work. All photographs used in demo sites are not for use with any live website. Photographs provided in these demo sites are copyrighted and protected. Please be sure to replace all demo photographs.
ENGAGEMENT & SCOPE OF WORK
Collide Digital and Client hereby agree that during the term of this Agreement, the services to be performed by Service Provider will consist of:
Website in a Week with Collide Digital consists of the customization of a template from our Template Shop, including:
-A 30-min clarity call with a designer from our team
-A Brand Kit (from our template shop)
-A website, which is a customized version of your selected template (customized= with your content and brand assets, no custom redesign)
-Access to tutorial videos
-ONE revision round for desktop and mobile site design
The website template, and branding template, that we work with will be provided by Collide Digital at no additional cost.
CLIENT REQUIREMENTS
This document constitutes a strict deliverable agreement to ensure that the Service Provider is able to perform the tasks outlined above. The following must be provided /taken care of before the design day:
1. Website Template needs to be picked out by client
2. Client needs to be signed up for WordPress
3.. Client needs to already have purchased domain
4. Client needs to migrate blog or podcast if there is one
5. Gather testimonials from past clients to use on the website
6. Create freebies or lead magnets to use on the website
7. Website copy for each of the pages (unless Collide Digital is scoped with copywriting, which is at an additional cost)
8. External links that will be used on the website
Client is financially responsible for having a WordPress.org account so that our templates can be utilized. Client is solely responsible for the payment of these platforms in whatever capacity they choose. These accounts must be set up prior to the design day.
➔ NOTES FOR WORDPRESS USERS:
Please ensure you are set up with a fully hosted website – you can sign up for hosting through Collide Digital. Please let your account manager know if you are interested in this option.
In order for us to access the code editor to fully customize your website template, you will need the Elementor Pro Plugin. You are responsible for the cost of this plugin UNLESS your website is hosted on the Collide Digital Server. If you sign up for our hosting service but decide to leave, you will be responsible for the cost of the plugin to upkeep your website.
You are responsible for setting up your SSL, and any necessary domain changes (which can take up to 72 hours due to propagation).
If your SSL is not activated, custom fonts may not render properly and visitors may be unable to access the site.
If further support (outside of our scope) is needed, you will need to contact your host directly.
It’s Client’s responsibility to provide all content, including images, copy and external links. If said content isn’t provided, it can prevent the site from going live during your design week and can also prevent the scheduling of your design day.
Terms of Use, Terms and Conditions and Policy Page all need to be created (by Client) prior to the call – if you do not have these, our team will recommend you purchase the templates from a recommended attorney prior to your design day. If you choose to not use them, or want to launch without them, Collide Digital is not responsible for any GDPR compliance issues or legality concerns related to your choice.
COMMUNICATIONS
ALL communication for your project wil take place in a dedicated Slack Connect channel. You will NOT receive your onboarding materials until you accept your invite to join the Slack Connect channel.
Client to be communicable for the entirety of the design day. You’re welcome to take calls, and go about your day while your designer is designing your site, but if questions arise, we do need responses within one hour at max. Please communicate your schedule, but keep it clear!
ALL communication to take place in your dedicated Slack Connect channel
If client is unresponsive in their Slack Connect channel on their copy and/or design day and misses the cutoff for their ONE revision round, the client’s project will be deemed complete and NO additional edits will be accepted from client.
MISC
The Web Week BEGINS on your design day. Collide Digital will build out Client’s site in 1 or 2 business days, and may need a couple of days in between to dial in remaining details. Client will only have access to their designer during designated design days, and our project manager will communicate with them in between.
Client may also choose to launch on their own terms if their timeline is geared towards a specific date or other reasons, and releases the Service Provider from the responsibility to launch the new website that’s been created.
Website in a Week is a partnership and collaboration and both parties must work together to complete this project efficiently.
There will be no separate conversations between client and Collide Digital team members within Slack or any other platform. All Lumina Creative team members will be privy to all questions/concerns brought forth by the client. Should Lumina Creative choose to initiate a separate conversation, it will be done so at their discretion.
There are NO customizations to the brand identity kits. This includes the following: no switching of colors in the curated color palettes, changing of design in logo options or adding alternate fonts to the font palettes. Collide Digital offers custom branding as a completely separate service, and if you are interested in exploring custom branding for your Website in a Week project, you should reach out to our team to get a quote.
There are NO revisions to the brand identity kits. If you request a change to your brand identity kit – it is up to the discretion of Collide Digital if we can accommodate that request and we will quote you accordingly.
Your designer will ONLY design the template pages that you have paid for.
You will NOT be able to schedule your copy and/or design day until ALL of your onboarding workflow has been filled out properly and checked by your project manager.
NO design changes to the template are permitted in the Website in a Week service.
COMPENSATION
Client is paying via our Thrive Cart checkout page, or a custom invoice- at the Service Provider’s discretion.
Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in a payment plan.
All of the personal information that Client provides as part of the payment process may be collected by both Service Provider and Service Provider’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read Service Provider’s Privacy Policy with respect to how Service Provider handles Service Provider’s personal information.
Service Provider’s third-party payment processing providers may have privacy policies and terms and conditions that differ from Service Provider’s. Service Provider has no liability or responsibility for the independent policies of Service Provider’s third-party payment processing providers. Client is encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
Service Provider does not tolerate or accept any type of chargeback from Client’s credit card company. If said client must terminate this agreement prior to the Website in a Week project, the client releases all money already paid in order to secure the day on Collide Digital calendar.
Client agrees to abide by this Agreement and to pay Service Provider’s invoices on time, and agrees to the late payment clause in this agreement, listed below.
REFUNDS & PAYMENT COLLECTION
Due to the nature of the services and/or products provided, refunds will not be given.
Collide Digital reserves the right to charge 5% interest per month upon any outstanding sum left unpaid on or after 14 calendar days from the due date.
After 30 days of outstanding payment, Collide Digital reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
RESCHEDULING & CANCELLATIONS:
If you’re more than 15min late to your design day, we’ll need to reschedule. Please give us 5-7 days notice if you need to reschedule. Our calendar books up, so there may be a delay to get you back into our calendar.
If you’ve had more than one no-show or cancellation, it’s up to Collide Digital’s discretion whether we’ll be rescheduling your project, or refunding you (minus the assets you were delivered, and our team’s time at $99/hr)
Things happen, we get it. Please be in communication with us if things come up!
WEBSITE LIFECYCLE
Collide Digital is not responsible for changes made to Client’s website(s) by other parties.
Collide Digital is not responsible for third-party plugins that may become unusable as a result of performing content maintenance.
Recovery, repair, and availability of backups for Client’s website cannot be guaranteed.
It is understood that “Website by Collide Digital” is to remain on the site for its lifecycle.
ENTIRE AGREEMENT
Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
SEVERABILITY
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
LAW AND JURISDICTION
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Texas, the United States of America.
INDEPENDENT CONTRACTOR STATUS
It is expressly agreed and understood that Service Provider is performing services under this Agreement as an Independent Contractor of the Client and that Service Provider is neither an employee nor an agent of the Client. Service Provider will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. Service Provider agrees to pay all applicable taxes which may arise as a result of Service Provider’s performance under this Agreement and to comply with any and all laws and regulations applicable to Service Provider’s performance or that of any employee or subcontractor. Service Provider will have no authority to act, to make any representation, to enter into any contract or commitment, or to incur liability on behalf of the Client.
CONSENT
By using our website, you hereby consent to our Terms and Conditions of Use.
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
The Parties have executed this Agreement as of the date of the initial payment for Website in a Week. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.
If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at [email protected].
