Website Hosting & Compliance Package Terms and Conditions

In these terms and conditions, Plastix Marketing LLC will be referred to as the Agency and you, the practice, will be referred to as the Client.

Payment Terms:
Client agrees to sign up for the website subscription selected above via a recurring credit card subscription.

Term:
This website plan agreement is month to month and can be canceled at anytime. Customer is required to migrate their website within 48 hours of canceling the website plan agreement.

Mutual Cooperation:
We agree to use our best efforts to fulfill and exceed your expectations on the deliverables listed above. You agree to help us make any needed information about your website available and cooperate with us in expediting the work.

Website Policies and Website Accessibility Waiver
By signing this agreement, you acknowledge that we informed you that applicable (state, national, or international) law may require your website to have a Privacy Policy, a Cookie Policy, and/or accessibility policy with specific disclosures. We are not lawyers, we do not provide Privacy Policies as a service, and we are not responsible for your business complying with any applicable privacy laws.

We have a relationship with a third-party Privacy Policy and Terms and Conditions generator service called Termageddon as well as a website accessibility solution, Accessibe, and we are able to assist you with linking those policies and solutions to your website. You are under no obligation to utilize Termageddon or Accessibe, but it is the service that we use on our own website, have a relationship with (we receive a commission fee or can resell their license to you if you decide to purchase) and recommend. Please note, should you choose to use Termageddon’s or Accessibe’s services, your relationship will be directly with them, governed solely by their Privacy Policy and Terms of Service.

Property Of The Client:
Client shall retain ownership of all property of the Client acquired prior to and throughout the duration of this Agreement. Client Property includes but is not limited to hardware, software, accounts with service providers, email accounts, websites, social networks, access codes, keycards, promotional photography (including, where applicable, before and after photos), and testimonials from Client customers provided by Client to the Agency (“Client Property”). Client accepts and acknowledges full responsibility for all property acquisition and by authorizing the Agency usage of Client Property, the Agency is absolved, to the full extent of the law, of any existing or arising liability that may or may not come from the use of any and all Client Property in executing the provisions of Service outlined herein. The Agency shall return all Client Property immediately upon the Client’s request. Upon Termination of this Agreement, the Agency is to provide the Client with Client Property within thirty (30) business days of Termination. Plastix Marketing may, on a case-by-case basis, retain copies of Client Property as Records of Work based on the advice of counsel and in such event, use the copies as reference and records. Records of Work include, without limitation: all design elements, copywriting, marketing, lead generation, and advertising campaign actions and results, provided the reference and record are used in a broad sense that doesn’t compromise either party’s competitive strategy.

No Warranties; Limitation of Liability; Errors:
No warranties. The Agency provides no warranties, express or implied, with respect to the services or any deliverables as described herein or in the exhibits hereto, which are provided on an “as is” and “as available” basis. The Agency expressly disclaims any and all implied warranties, including the warranties of merchantability, fitness for a particular purpose, or non-infringement. The Agency provides no warranties for the accuracy, availability, timeliness, functionality or performance of any deliverables.

Limitation on liability. The Agency shall not be liable for any incidental, consequential, special, general, punitive or exemplary damages of any kind, even if the Agency has been advised of the possibility of such damages. Without limiting the foregoing, the Agency’s total liability hereunder shall be limited to the amounts paid to the Agency on account of fees (if any) or reimbursable expenses actually paid to the Agency in the six-month period prior to any claim for damages being asserted or filed.

Errors. We cannot guarantee that our work will be error-free (we’re human!) The Agency will not be held liable for any damages that result from inadvertent errors which occur during any phase of this project, including but not limited to; website inaccessibility, broken links, lost profits, lost database content, privacy policy legal claims, website accessibility legal claims, consequential or special damages from any actions not foreseeable during the time of the creation of the content which is the subject of this proposal.

Indemnification:
Each party agrees to indemnify, defend, and hold harmless the other party and its affiliates, and their shareholders, members, partners, directors, officers, employees, assistants or agents, successors or assigns, and any of them from any and all claims, losses, obligations, damages, liabilities, costs or debts, and expenses (including attorney’s fees and costs) arising out of, related to or which may arise from (i) the other party’s breach of the confidentiality obligations of this Agreement, or (ii) based on the other party’s or it’s Assistants’ gross negligence, recklessness, or intentional misconduct.

Conditions to Indemnification. Any party seeking indemnification hereunder must provide prompt written notice of any indemnified claim. The indemnifying party may solely control settlements, compromises, negotiation, and defenses of any action arising from an indemnified claim, provided that no such settlement shall require the indemnified party to admit to the wrongdoing of any kind or result in any non-monetary or injunctive relief, except with the indemnified parties’ express written consent, which consent will not be unreasonably withheld, conditioned or delayed.

Choice of Law & Dispute Resolution:
This agreement becomes effective only when signed by agents of the Client and Plastix Marketing LLC. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this contract was entered into in South Carolina, and any dispute will be mediated in South Carolina.