WEBSITE TERMS & CONDITION

Last Updated: 11-05-2021
WEBSITE TERMS & CONDITION
The following terms and conditions apply to all Website Development Strategy / Design / SEO / PPC by The Business Toolkit unless stated differently in the invoice or the submitted proposal.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate or pays an invoice or fixed price, the Client will be deemed to have satisfied themselves as to the applicable terms and accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions through our checkout process.
Charges
Charges for services to be provided by The Business Toolkit are available as fixed and discounted pricing via our website www.thebusinesstoolkit.com and can also be provided through a custom invoice sent via email and SMS. Quotations sent via email and SMS are valid for a period of 10 days. The Business Toolkit reserves the right to alter or decline to provide a quotation after a period of 10 days.
Phases Definition

• Consultation Phase
• Design Phase
• Development Phase
• Deployment Phase

Client Review
Once the original scope of work is completed, it will be deemed as the “deployment phase.” The Business Toolkit will provide ten (10) days for the client to review and request revisions of the website unless agreed otherwise via written notice. Two rounds of revisions will be permitted. The Business Toolkit suggests that the client should utilize at least 72 hours to compile revisions and modifications to the draft. This allows the client adequate time to process their full range of thoughts and collaborate with team members. Failure to provide feedback or revisions within 10 days (unless agreed otherwise) will result in the client website’s status becoming dormant and ineligible for further revisions. The client can make the website deployment live after 10 days without revisions. The client can pay a fee of $100 to be eligible for revisions after 10 days, which would remove the “dormant” status.
CUFN Websites
A website will be considered CUFN (Closing Until Further Notice) after no contact from the customer through three non-responsive consecutive attempts via email, SMS and phone call from our team for 30 days. After 90 days, all project files and data will be completely deleted. This website is non-refundable due to the lack of diligence and communication from the customer.
Payment
Web design and development projects under $10,000.00 USD are required to be paid in full. For projects above $10,001.00 USD, payment can be made in 4 parts: 30% to get started, 30% after design deliverables, 30% after development deliverables, and 10% upon final approval and the site is launched. Invoices are sent via email and are due upon receipt for projects with payment installments above $10,001.00 USD. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a 5% service charge. Payments for SEO and PPC are set up on recurring payments. An automatic recurring payment according to your invoice will be made every 30 Days (“Monthly Payment”) for renewal of your SEO or PPC services. You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, email support@thebusinesstoolkit.com.
Additional Expenses
Client agrees to reimburse The Business Toolkit for any additional expenses necessary for the completion of the work. Examples include services that go beyond the scope of work offered on fixed packages, such as the purchase of domain transfers, integrations/plugins, special fonts, product uploads, etc., if requested by the client.
Post-Deployment (LIVE) Expenses
The timestamp that a website is agreed to be deployed as live, the terms and conditions of services rendered are completed and permanent. Additional revisions or upgrades post-deployment will be billed at a fixed or hourly rate as agreed.
Web Browsers
The Business Toolkit makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers, including Firefox, Chrome, and Safari. The client agrees that The Business Toolkit cannot guarantee the exact same functionality with all browsers across different operating systems. The Business Toolkit cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, The Business Toolkit reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Termination
Termination of services by the client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone or SMS requests for termination of services will not be honored until and unless confirmed in writing or emailed. The client will be invoiced for all work completed up to the date of the first notice of cancellation for payment. Upon termination, all assets will be transferred to your responsibility.
Indemnity
All The Business Toolkit services may be used for lawful purposes only. You agree to indemnify and hold The Business Toolkit harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The client retains the copyright to data, files, and graphic logos provided by the client and grants The Business Toolkit the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting The Business Toolkit permission and rights for use of the same and agrees to indemnify and hold harmless The Business Toolkit from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to The Business Toolkit that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The client’s signature below, full payment, or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by the courts of Miami, Florida – USA.
Liability
The Business Toolkit hereby excludes itself, its employees, and/or agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
• Loss of data, including but not limited to emails, caused by any reason.

The entire liability of The Business Toolkit to the client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
External Hosting and Resources
If a client uses external resources to host their website, storage, emails, and files, The Business Toolkit is not responsible for any updates, maintenance, loss of data, or any issues arising from the breaking of the website. Clients using external resources are fully responsible for managing and maintaining their hosting and related services.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.
Website Renewal Fee Terms and Conditions
Renewal Fee Overview
For all website packages offered by The Business Toolkit, including Custom-Built, Landing Page, Multi-Page, and E-Commerce, a mandatory renewal fee of $200 is applicable. This renewal fee ensures the continuous operation and efficiency of your website, covering essential services and features such as:

1. Domain Name Annual Renewal: Securing your website’s unique address on the web.
2. Cloud Server Web Hosting: Providing reliable and scalable hosting solutions for your website.
3. SSL Encryption Certificate Renewal: Ensuring your website’s data is encrypted and secure.
4. Custom Email/s: Offering branded communication options for your business.
5. Web Storage: Allocating space for your website’s data and content.
6. Maintenance and Updates: Keeping your website up-to-date with the latest web advancements and security measures.
7. Priority Technical Support: Offering prompt and efficient technical assistance when needed.

Subscription Renewal and Billing Errors Clause
In the event that an annual subscription renewal fails due to a billing error such as a cancelled credit card or similar reasons, the following policy will apply:

1. Grace Period: We will keep your website live for a grace period of 10 days following the failed renewal attempt.
2. Website Shutdown: On the 11th day after the failed renewal attempt, the website will be completely shut down and removed from our data-centers.
3. Backup Retention: We will retain a backup of the website for a period of 90 days from the date of the shutdown. During this period, the website can be restored upon payment of the renewal fee.
4. Data Deletion: Beyond the 90-day retention period, we are not responsible for any website files as they will be permanently deleted and cannot be recovered.
5. Service Interruption Risks: This shutdown risks the permanent interruption of associated services, including domain name, emails, storage, SSL certificate, and any other related services.

Annual Renewal Unsubscription
If a client unsubscribes from our website annual renewal, The Business Toolkit will not participate in any updates, fixes, maintenance, or any other form of support. This is due to it being outside the scope of our liability, compensation, and protection policies. Clients who unsubscribe are fully responsible for managing their own website maintenance and updates.
Domain Name Management
It is essential to note that the renewal fee remains non-negotiable and is not subject to discounts, even if the client independently owns the domain name and pays for its renewal through another provider. The Business Toolkit waives any fees associated with the technical process of pointing the domain name to our cloud hosting server, which is a critical step in hosting and managing your website effectively. This policy ensures that all clients benefit from our comprehensive hosting and maintenance services, regardless of their domain name’s registration and renewal arrangements.

Domain Name Purchase and Temporary Hosting
The Business Toolkit will facilitate the purchase of the customer’s chosen domain name after the consultation phase and near the completion of the website development. This strategic timing allows the customer to maximize the domain’s annual timeline for optimal return on investment.

In the interim, The Business Toolkit will host the website on a temporary domain on its servers. The final domain purchase and migration to the customer’s designated domain will occur only after receiving explicit written approval from the customer to launch the website.

The customer acknowledges that delays in providing approval or finalizing the domain purchase may extend the overall project timeline. The Business Toolkit assumes no responsibility for any missed opportunities or delays caused by the customer’s actions or inactions, including failure to approve the domain purchase in a timely manner.

The customer further agrees that domain availability at the time of purchase is subject to third-party market conditions, and The Business Toolkit is not liable if the selected domain becomes unavailable before purchase. Any additional costs due to a change in domain selection or market conditions will be the customer’s responsibility.

Maintenance and Updates
Our maintenance and updates service is dedicated to keeping your website performing optimally, adapting to the latest web standards and technologies. This includes regular updates to your website’s components, ensuring responsiveness across devices, and compliance with web standards.
Minor Updates Policy
We offer flexibility with minor updates, which are defined as changes requiring less than 10 minutes of development time. Up to three minor updates per year are permitted without additional fees, on a case-to-case basis. This policy supports minor adjustments efficiently, without extra costs.
Beyond Minor Updates
Updates exceeding the minor update threshold will be billed based on a fixed or hourly rate, considering the project’s scope. Charges for significant updates or enhancements are determined on a case-to-case basis, ensuring fairness and transparency.
Agreement to Terms
By utilizing our website services, you agree to these terms and conditions. Our commitment is to provide high-quality service and support, ensuring your website is a valuable asset for your business. For questions or further clarification, please contact our support team.

Website Transfer Terms
The Business Toolkit is not responsible for any issues or damages that may arise after a website has been transferred away from our hosting platform. This includes but is not limited to:

• Data Loss: If the client fails to properly backup their website before transferring it, we are not liable for any data loss that occurs.
• Website Performance: The performance and functionality of the website may be affected by the client’s hosting provider, and we are not responsible for any issues that arise due to this.
• Security: The security of the website is the responsibility of the client and their hosting provider. We are not liable for any security breaches that occur after the transfer.
• Technical Support: We do not provide technical support for websites that are hosted on a different platform. The client will need to contact their hosting provider for assistance.