"Bigsness.com, LLC. Website Terms and Conditions of Use
Client Website Development, Maintenance and Hosting Services Contract.
These Website Terms and Conditions of Use, Website Development, Maintenance and Hosting (“Terms”) govern the use of the website and the services provided by Bigsness.com, LLC. (hereinafter referred to as “Company”) to the website registered user (hereinafter referred to as “Client”). By subscribing to a membership plan and clicking the checkbox indicating acceptance of these Terms, the Client agrees to be bound by these Terms.
Website Development and Maintenance. The Client agrees to pay to the Company the sum as outlined in the chosen membership plan for the design, development, maintenance, and hosting of the Client's website. The scope of work for the website development and maintenance will be as outlined in the chosen membership plan and additional options selected by the client via the website membership tracking system
(a) Change Orders. Any changes to the Scope of Work following the execution of this Agreement requiring Additional Work beyond the standard website core or standard packing of the additional options selected must be submitted to and accepted by Company through the Bigsness Help Desk ticket system as a “Change Order”. The costs of any such changes outside the standard website core or standard packaged options shall be billed separately from the Membership Plan Price. Additional Work shall be defined as any work outside of the website core scope and standard packaged options and the cost of such will be declared to the client prior to any work being done. The client agrees to pay for change orders outside the scope of work prior to the company developing said additions.
(b) Due Dates and Delays. Company will use its best efforts to deliver the Client Website in the time frame specified in the chosen membership plan. Client acknowledges and agrees that any due dates set forth in the Scope of Work are subject to delay if the company does not receive the required materials or documentation in a timely manner or if approvals are delayed by Client or if the Scope of Work is changed by Client.
(c) Client Submitted Content. The client is responsible for providing all text, images, and other content for the website, and for ensuring that all such content is in compliance with all applicable laws and regulations. The Company is not responsible for any errors, typos, grammatical errors, or copyrighted material on the client's website. The client accepts all liability for the content of the website.
(d) SEO. The Company will provide SEO capabilities on the website, but the client is responsible for their own SEO when needed. The Company does not provide sales and marketing of the client's website. The company can provide SEO, Sales and Marketing for the client for an additional fee outside this scope of this contract.
(e) Taxes and Liabilities. The client is responsible for all taxes, federal, state and local. The Company's liability to the client is limited to the functionality, development, and design aesthetics of the website. The Company is not liable for the client's content, users and client's terms and conditions on the client’s website. The client is responsible for all government compliance and accepts all liability. The company creates backups of the clients website at regular intervals. It is a known fact that data can be lost. The client must maintain records of their date off the website just in case of data loss on the website. The client accepts all liability for lost data.
(f) Domain Name and Hosting. The client website domain name must point to bigsness.com servers prior to the company going live with the website. The website must be hosted on bigsness.com servers. The Company does not provide support for client websites hosted on servers that are not owned and managed by the company. The client is contracting with the company to develop, host, design and maintain the client's website.
(g) Time Limit and Payment. The time limit terms of the contract are according to whatever membership plan the client chose at the time the client subscribed to the company services. If the client fails to make the required payments within 48 hours of the payment due date, the website will be disabled and the client must pay a $50 fee for reinstatement of the website. The Company does not guarantee the client's website will be available if the payment is received more than 30-days after the due date.
(h) Service Severance. In the event that the client wishes to sever this contract with the company, the client will not be eligible for any monetary refunds.
(i) Contract Severance Notification. All notification of contract severance must be in writing and delivered to the following address:
P.O. Box 11
New Plymouth, ID 83655
(j) Venue of Dispute. Any disputes arising out of or related to these Terms shall be resolved in the courts located in Boise, Idaho.
In witness whereof, the parties have agreed to these Website Terms and Conditions of Use, Development, Maintenance and Hosting as of the date the client subscribed to a membership plan and accepted these terms by clicking the checkbox when the client subscribed to the membership plan on the website.
Client: [Website Registered Username]
Company: Bigsness.com, LLC.