1. GENERAL INFORMATION

This Professional Web Services Agreement (“Agreement”) is made between Bizplin and you, and will be effective from the date of your electronic acceptance. This Agreement outlines the terms and conditions for your use of Bizplin’s Professional Web Services (“Service(s)”), and constitutes the entire agreement between you and Bizplin regarding the subject matter discussed in this document.

Your electronic acceptance of this Agreement means that you have read, understood, acknowledged, and agreed to be bound by it, along with Bizplin’s Universal Service Terms Agreement and Hosting Agreement, which are incorporated herein by reference.

The terms “we,” “us,” or “our” refer to Bizplin. The terms “you” and “your” refer to the individuals or entities that accept this Agreement. Nothing in this Agreement should be construed as granting rights or benefits to third parties, except where explicitly granted through this document.

We may, at our sole discretion, change or modify this Agreement and any policies or contracts incorporated therein at any time. Such changes or modifications will be effective immediately upon publication on this Site. If you use this Site or the Services after such changes or modifications are made, it will mean that you accept the terms of this Agreement as per the latest version. If you do not agree to be bound by the latest version of this Agreement, we recommend that you stop using this Site or the Services. Occasionally, we may notify you of changes or modifications to this Agreement via email. Therefore, it is very important that your buyer account information is up-to-date. We will not be responsible if you do not receive an email notification due to an incorrect email address provided.

 

2. DESCRIPTION OF SERVICES

This agreement applies to the various services provided by Bizplin Professional Web Services.

The purchase of a Professional Web Services plan is within the specific parameters of your plan, as described below:

Website Design

• The Basic Design includes the selection of one (1) pre-design, one (1) round of revisions (excluding website content), and no update minutes. Update minutes are available for purchase.
• The Business Design includes the pre-design of one (1) website. The site consists of one (1) page with six (6) content sections. One (1) round of revisions is allowed (excluding website content). It includes six (6) update credits (total of three (3) hours) for the first twelve (12) months. Additional update minutes are available for purchase.
• The Premium Design includes the pre-design of one (1) website. The site consists of one (1) page with fifteen (15) content sections. One (1) round of revisions is allowed (excluding website content). It includes six (6) update credits (total of three (3) hours) for the first twelve (12) months. Additional update minutes are available for purchase.

Online Store Design

• The Basic online store design package includes the selection of one (1) pre-design in PrestaShop, OpenCart, or Magento with an additional cost for one (1) round of revisions (excluding website content and uploading all products). Update minutes are available for purchase, and if desired, we can upload all your products for an additional cost.
• The Business online store design package includes the pre-design of one (1) online store in PrestaShop, OpenCart, or Magento with an additional cost. The online store can hold up to 5,000 products. One (1) round of revisions is allowed (excluding website content and uploading all products). It includes six (6) update credits (total of three (3) hours) for the first twelve (12) months. Additional update minutes are available for purchase, and if desired, we can upload all your products for an additional cost.
• The Premium online store design package includes the pre-design of one (1) online store in PrestaShop, OpenCart, or Magento with an additional cost. The online store can hold an unlimited number of products. One (1) round of revisions is allowed (excluding website content and uploading all products). It includes six (6) update credits (total of three (3) hours) for the first twelve (12) months. Additional update minutes are available for purchase, and if desired, we can upload all your products for an additional cost.

Update Minutes

If your Website or Online Store requires more updates than what is included in your design plan, you can purchase additional time separately (“Update Minutes”). Once we receive your update request and all necessary materials or content, we will perform the required updates and republish your site with no further revisions. Unused Update Minutes are non-refundable.

Monthly Update Credits: You can purchase additional Update Credits and use them in increments of thirty (30) minutes. Unused credits will not roll over to future updates. If your Service plan included Update Credits, these credits will reset each month based on your billing cycle. If you purchase Update Credits separately, these credits will expire 30 days after purchase.

Anytime Update Credits: You can purchase Anytime Update Credits in one (1) hour intervals, which can be used at any time up to 12 months from the purchase date.

Hosting or Web Server

When you contract your package for professional web design services, you will be assigned a hosting service free of charge for the first year (this is only provided if you request the service), and the free year will end with the requirement to renew your second year of hosting service. If you choose not to renew, you can migrate to any other provider by paying for the proportion of the year or the year that the service was used, as applicable. For all specifications and use of the hosting service, please refer to the hosting contract by clicking here.

Logo Design

The logo design service does not include the creation of a fully custom logo created from entirely original elements outside of our current Logo Studio process. The purchase of the logo design service includes an initial interview (online or by phone), the presentation of one (1) initial design, and one (1) round of revisions for the selected design. Bizplin will charge a fee for additional designs or revisions you request. The fee amount will be communicated to you, and must be paid before any work on additional revisions or designs begins.

 

 

Logo Design Rights: Notwithstanding any provisions to the contrary in this Agreement, solely with respect to the Logo Design Service, and upon full payment, you own the rights to the Logo Design provided to use it in any manner you deem appropriate. You acknowledge that your ownership rights under this Agreement are limited to the final Logo Design we provide, and do not express any interest in ownership of trademarks or service marks that are part of the final Logo Design, including the original graphic elements of our Logo Design Studio (collectively, “Bizplin Pre-existing IP”), and that we expressly reserve all rights, titles, and interests in them. However, we grant you an international, royalty-free, perpetual, irrevocable license and right to use Bizplin Pre-existing IP that is part of our Logo Design as outlined in this Agreement. By this Agreement, we grant you a royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, and international license and right (including moral rights) to use, reproduce, modify, adapt, publish, translate, prepare derivative works, communicate to the public, perform, and display (in whole or in part), and/or incorporate the Logo Design into other works in any form and on any media or technology now known or later developed for promotional purposes for Bizplin and/or our Logo Design Service.

Disclaimers: By this Agreement, you acknowledge that we have no obligation or duty to conduct searches, inquiries, or otherwise on trademarks, service marks, or copyrights to validate the correctness or legality of the final Logo Design. Therefore, we encourage you to perform your own independent searches regarding the Logo Design. Additionally, you acknowledge that we have no responsibility or obligation to assist you in seeking state, federal, national, or international intellectual property protection (i.e., among others, trademark or copyright registration) for the Logo Design, nor will we be responsible for assisting you in any way with your attempt to obtain or perfect such rights in the Logo Design. You understand that it is solely your responsibility to register the copyright for the logo design and/or seek trademark protection as you see fit and/or necessary.

 

3. YOUR OBLIGATIONS

Reasonable Requests. You agree that all requests will be reasonable and within the scope of the Services purchased.

Subscription Maintenance Obligation. All Services, including any free products or services included in your plan, must be associated with a specific website or online store at the time of purchase and are not transferable to other accounts, websites, or online stores thereafter. The provision of all Services, including any free products or services included in your plan, depends on your active subscription to all Services. Failure to maintain your account in good standing will result in the termination of pending Services, including any free products or services included in your plan, without any refund or credit. The recurring billing of your Service plan will begin on the purchase date.

Provision and Coordination of Design Services. After your initial purchase of a Website Design or Online Store Design plan, you must (i) complete an interview and (ii) submit your content to the Design Team. Once all your content is approved, we will begin creating your Website or Online Store.

Content Submission. You are responsible for submitting all copies, images, and other content for your Design, unless you approve the content provided by the design team. All provided content must be copies, not originals. You agree to respond to any content requests, comments, or approval within ten (10) business days. All content must be submitted electronically, and the material you provide will not be returned. The delivery of files that are too large to be transmitted electronically can be coordinated by other electronic means, but additional charges may apply and may extend the set delivery date. We may, at our sole discretion, require resubmission of images if we determine they are not of high quality. If you do not submit your content within ten (10) business days, we will attempt to confirm that the submission has been completed, but we reserve the right to proceed with the site creation phase, and you will only be able to add additional content through Update Minutes. It is your responsibility to keep independent backups of any material you submit. We expressly disclaim all responsibility for the loss, damage, or destruction of any content or materials you submit.

Service Financing. The maximum for financing the web design project is three months without interest, as long as the payment is made on time. If payment is late by more than 10 calendar days, the service will be suspended, and a late payment fee of 25% to 30% plus VAT of the total amount due will be charged. The percentage may vary if there are repeated late payments or prolonged payment delays of more than 60 calendar days.

Automatic Publishing. After ten (10) days from receiving the notice that your Website or Online Store is ready for review, you must (i) provide us with your revisions or (ii) notify us that there are no revisions. If you do not take either action within ten (10) days, your Website or Online Store will be published on your behalf without further revision. At any time after publication, you can cancel the publication of your site by modifying the DNS settings on your domain name.

Included Update Minutes. It is your responsibility to initiate the use of the included Update Credits through our Customer Service before their expiration. Once we receive your maintenance request and all necessary materials or content, we will perform the requested maintenance and republish your site with no further revisions.

Service Termination. The publication of your design constitutes your acknowledgment of satisfaction with the Services provided up to that point, and releases us from any obligation to make further revisions or alterations to it at that time or until the next Update Credits are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to credits or refunds for any reason, including but not limited to dissatisfaction with your design.

Privacy. We may grant administrative permissions for website creation, to subcontract work on behalf of our clients, to various third-party service providers without identification.

Our Right to Terminate Your Service. You understand and agree that Bizplin, at its sole discretion and without any liability to you, has the absolute right and power to terminate your Service if:

 

1. You do not complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan. If at the time of cancellation, we have not begun work on your Design, you will be eligible for a partial refund of the costs associated with the remaining time of your plan.

2. You do not provide the requested content, comments, or approvals within thirty (30) days of our request. If we have started working on your Design (meaning the creative process has begun), you will be eligible for a partial refund of the costs associated with the remaining time of your plan, but you will be charged for the work completed up to that point, plus a cancellation fee according to the rates described in our refund policy.

User Content. You are solely responsible for ensuring that all User Content provided for us to perform the Services on your behalf does not infringe or violate the intellectual property rights (including but not limited to trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other third-party rights (including but not limited to privacy rights and contractual rights), and/or for ensuring that you have obtained the necessary authorizations to use third-party intellectual property (including but not limited to copyrights and trademarks) or other proprietary information included in the User Content. We will not be liable, and you agree to defend and indemnify us against any actual or alleged claims that the User Content you provided infringes or violates third-party rights, including but not limited to publicity rights, privacy rights, patents, copyrights, trademarks, trade secrets, and/or licenses.

 

4. LIMITATIONS

Reasonable Expectations. We make our best efforts to provide Services that meet your expectations. However, we do not guarantee that expectations will be met if what is requested is unreasonable or impossible to complete within the scope of the Service.

Your Delay. The completion of the Services depends on your timely feedback and approval of the design. We are not responsible for any charges, time, or additional costs incurred due to delays caused by your lack of response, comments, or approval, or your untimely response, comments, or approval, including your failure to take action to initiate the design process.

Product Catalog Storage. Standard store design plans have a maximum limit of 1500 products. While there is no limit on the total number of products for Premium store designs, performance may begin to decline at different product quantities, depending on potential physical and practical restrictions (but not limited to): system architecture, system capacity, system load, end-user internet connectivity, and end-user computer configurations. Product catalogs with more than 3000 products may require additional hosting bandwidth at an additional monthly cost.

No Backup Obligation. We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

Limitations on Design Services. The following services are not included in any of the initial Design plans but can be purchased separately as Upgrades: (i) revisions beyond those included in your corresponding Design plan; and (ii) photographic manipulation services, such as cutting the image and removing the background, adding shadows, cleaning dust and scratches from the image, making images uniform in size, and adjusting levels/brightness to match. The following photographic manipulation services are not available, even as Upgrades: color correction or increasing the resolution of a low-resolution image.

Integration with Website Builder Hosting Platform. The websites and online stores we design are created on our hosting platform and integrated with it. Any attempt to transfer or otherwise move the mentioned Website or Online Store to another hosting provider constitutes a violation of this Agreement.

No Endorsement. We do not endorse any of the Designs created with the Services, and we expressly disclaim all liability regarding them.

Account Security. You are responsible for maintaining the security of your account. You are also responsible for any activity that occurs in your account, whether authorized by you or not. You must maintain the security of your account information and passwords. We expressly disclaim all responsibility for unauthorized use or access to your account.

Managed WordPress Design. We expressly disclaim all responsibility for website hacking incidents.

Plugins. We are not responsible for maintaining third-party WordPress plugins added to your website during or after initial creation. Some functionality requests may require paid plugins that the client must purchase, and additional update minutes will be required to install and configure them. You are solely responsible for ensuring your plugins are up to date and functioning properly.

Hosting Downtime. We are not responsible for website downtime arising from the WordPress hosting account.

 

5. GENERAL CONDUCT RULES AND RESTRICTIONS

Websites. In addition to Section 4 (General Conduct Rules) in the Universal Terms of Service Agreement, you acknowledge and agree that you will not use the Services in any way that, as determined by us in our sole discretion:

• Displays or advertises pornographic material, “X”-rated material, sexually explicit content, or materials, images, products, or services that are in bad taste (including, but not limited to, massage services, dating, escorts, or prostitution); or
• Uses keywords or images in video names, descriptions, or listings that are pornographic, “X”-rated, or sexually explicit.

Allowed Uses:

• Informational site for a strip club (excluding nude images);
• Informational site for an adult store (excluding nude images);
• Nude images related to art (e.g., the statue of David);
• Nude images in the medical field (e.g., breast cancer specialist showing before and after images).

Online Stores. You are responsible for ensuring that products listed for sale on your online store comply with all applicable laws and regulations in the jurisdiction where the items can be purchased. We reserve the right, at our sole discretion, to determine if the sale of a particular item is illegal or otherwise prohibited and to ban the sale of prohibited items and/or cancel your Online Store Service. Prohibited items include, but are not limited to, the following:

• Illegal items or items that encourage, promote, facilitate, or instruct others to engage in illegal activities;
• Restricted substances and illegal drugs (including medicines), items used to manufacture restricted substances and illegal drugs, and drug paraphernalia;
• Pornographic websites and services (pornography includes the use of nude images when not associated with artistic or medical purposes); this excludes stores selling adult toys (but it is prohibited to provide images of the toys being used);
• Credit or debit cards (active or inactive), government identification;
• Domain names;
• Websites selling stolen or unauthorized items, including counterfeit products, movie copies (VHS, DVDs, etc.), software, or third-party trademarks;
• Products recognized by the Consumer Product Safety Commission.

SEO Services. We reserve the right, at our sole discretion, to determine if the content and keywords of a site are illegal, prohibited, or inappropriate and to cancel your Services. The promotion of the following is not allowed and includes, but is not limited to, the following:

• Counterfeit merchandise: We do not allow the promotion of counterfeit products that mimic the brand features of a product to pass as a genuine item from the brand owner.
• Dishonest behavior: We do not allow the promotion of products or services intended to deceive users.
• Online and offline gambling: We do not allow the promotion of gambling games online or offline or instructions for gambling.
• Capitalizing on emotional events: We do not allow the promotion of content that may be seen as capitalizing on or lacking reasonable sensitivity towards a natural disaster, conflict, death, or other tragic event.
• Hate & intolerance: We do not allow the promotion of content that incites or supports hatred against others. Content that inappropriately discriminates against a person or group or attempts to intimidate, exploit, or humiliate others.
• Shocking content: We do not allow the promotion of content that contains violent language, gruesome or repulsive images, or depictions of physical trauma. Content that contains gratuitous depictions of bodily fluids or waste. Promotions containing obscene or profane language or content that may shock or scare.
• Endangered or extinct species: We do not allow the promotion of content that may be interpreted as the trade or sale of products derived from endangered or extinct species.

The promotion of the following is allowed with restrictions:

• Adult content: We restrict the promotion of adult-themed content or services to only allow healthy, non-sexual adult-themed sites.
• Alcohol: We limit the promotion of alcoholic beverages to only allow legal and responsible alcohol consumption.
• Dangerous knives & swords: We limit the promotion of knives to only allow legal and responsible use of knives or swords, or for defense, collection, recreation, or sport.
• Explosives: We limit the promotion of products or instructions for products designed to explode and potentially cause harm to people or surrounding property to only allow fireworks or rocket models.
• Guns & gun parts: We limit the promotion of firearms or gun parts to only allow legal and responsible use of firearms or gun parts.
• Other weapons: We limit the promotion of weapons to only allow legal and responsible use of them.
• Abortion: We limit the promotion of abortion-related products or services to only allow non-profit informational or consultation websites.
• Pharmaceutical supplements: We limit the promotion of non-prescription pharmaceutical substances to only those that comply with local laws and industry standards.
• Political content: We limit the promotion of political candidates, parties, or content to only allow content that does not violate any other area of our guidelines.
• Work-related products: We limit the promotion of tobacco and tobacco-related products to only allow the promotion of smoking cessation products.

 

6. OWNERSHIP OF CONTENT AND DESIGNS

By submitting content to us for your Design, you grant us an unrestricted license (i) to use the content to create your Design and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Except for the content you provide, the Designs created by us on your behalf are our property, and all such Designs, and copies, are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you as long as your subscription to the Services remains active and in good standing. Cancellation of your subscription to the Services terminates your license to use the Design created for you.

You agree to refrain from making any unauthorized copies of your Design. Unless otherwise specified, this Agreement does not grant any rights or licenses under any copyright, trademark, patent, or other intellectual property rights or licenses. We reserve all rights not expressly granted herein.

 

7. OTHER PRODUCTS AND SERVICES

The Services may include access to other of our products and services.