One Smart Sheep Terms & Conditions

‍You the client (“Client”)
One Smart Sheep, LLC, the company (“Company”).

• The Client has a need for services; and
• The Company has an interest in performing such services for the Client; and
• The parties wish to set forth the terms and conditions upon which such services will be provided to the Client.

Both parties agree as follows:

Description of the Services

The Company will provide services available in the chosen plan the Client has signed up for.

Signup

The person signing up for the website plan will automatically be assigned as the sign-off person and is the only person authorized to request changes or cancel the contract. If the Client wishes to give another person this authority too, the Client will need to contact the Company with their name and email address, and the Company will add them to the approved list.

If the Client no longer wishes for this additional person(s) to have this authority, it is the Client's responsibility to inform the Company.

Payment

The Client agrees to provide the Company with a credit card and authorizes the Company to deduct payments of the current monthly and/or annual costs as published on the Company's website. The credit card must be registered in the Client's name or business.

There will be no refund or credit for partial months or years of service. Costs are chargeable and shall be payable until an account is terminated or canceled by either the Client or the Company.

Pay monthly clients

Payment Terms/Schedule

1. Upfront costs are to be paid immediately via credit card.
2. Monthly recurring costs are to be paid via Credit Card (unless otherwise agreed by the company in writing). The monthly payment will be taken on the same date each month.
3. The first monthly payment is to be paid no later than 30 days from client sign-up (unless otherwise agreed by the Company in writing beforehand).

Add-on services

Payment Terms/Schedule

1. Payment for add-on services will be charged immediately using the Credit Card details the Client has already provided.

Suspension of service

The Company has the right to stop providing services or suspend services if payment is not received within 10 working days. If the missed payment has still not been received within 30 days, the Company has the right to delete the website from its servers to the point that it can not be restored.

Content Updates

A content update is a change to existing content and pages only. All content updates will be made by the client using the SheepCMS editor. Any additional page requests after the website has launched will be chargeable (unless specified otherwise by the Company).

Design Upgrades

All design upgrades to the client website will be an additional cost and priced at our “additional pages” rate, as seen in the add-ons section of the signup form. The Company will always seek confirmation from the Client before charging additional fees for design changes.

Copyright

Any content and information provided must be owned by the Client and not infringe on any copyright laws.

The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright trademark or design.

Intellectual Property Rights

Websites
All website files hosted by the Company will be the property of the Company. The Client will have no right to these files or the migration of these files if the contract is canceled.

Any website design or template created by the Company will remain the property of the Company before, during, and after the contract. In effect, the Client will be leasing the website from the Company.

If the Client wishes to purchase the rights to a website created by the Company, this will be at the discretion of the Company.

Add-on services
Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.

Domain names
Any domain names purchased by the Client will be the property of the Client and will remain so even if the contract is canceled.

Emails
Any email service provided by the Company will cease to exist if the contract is canceled by either party. Access to any data related to email accounts such as emails, contacts, and appointments will be erased. The Client is responsible for taking their own backups and archives of email. The Company can not be held responsible for any loss of data.

Existing Domain Names & Email Addresses
In the event that the Client already has a Domain Name and/or Email Address setup, which are then given access to the Company to manage, the Company can not be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. The Clients must make the necessary arrangements to ensure a backup or archive is available to them after completing the transfer.

Domain name renewals
If the client has registered their own domain(s) using their own account (domain control panel), it is the client's responsibility to manage their domain(s) and not the company. This includes any payments and renewals via the relevant domain registrar.

Domains that have been registered by the company, or domains that have been transferred to the company's account, will be managed by the company.

Legal

The Client must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If the Client does, the website will be taken down with immediate effect, and all associated files will be deleted without warning.

Termination and notice

• Upfront costs are non-refundable after 14 days from signup
• Monthly costs are non-refundable.
• The client can terminate this agreement at any time. However, the client must submit a written notice 48 hours before the next payment date to not be charged that month.
• The Company can terminate this agreement at any time and must give 30 days written notice to the Client.
• No export or transfer service is available to another third-party provider or to the Client directly. In effect, the Client will be leasing the website from the Company (if the Client wishes to purchase the rights and ownership to a website created by the Company, this will be at the discretion of the Company).

Limitation of Liability

In no event will the Company be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.

Miscellaneous

Independent
The parties are independent, not partners, principals, agents, employers, or employees. The Contract does not establish any joint venture, trust, fiduciary or other relationship between them other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.

Force Majeure
The Company shall not be liable for any failure to perform under this Contract when such failure is due to causes beyond that party's reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay, the date of delivery or time for completion will be extended by a period of time reasonably necessary for both Company and Client. If the delay remains in effect for over 60 days, the Client may terminate this Contract immediately upon written notice to the Company.

Promotional use
The Company will keep all original artwork and digital files prepared in connection with the project and is allowed to use them for promotional purposes without prior permission from the Client. For example, but not limited to, on their portfolio site and or related social media accounts. Including One Smart Sheep accounts.

Designed by
'Web Design by One Smart Sheep' shall be included in the Client's website footer and a hyperlink to www.onesmartsheep.com, unless the client purchases the add-on to remove it.

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