Terms of Service

Table of Contents

TERMS OF SERVICE

The following document outlines the terms of use of the 34 North website (34northllc.com). Before using any of the services provided by Jesse Williams and or 34 North Consulting, LLC, you are required to read, understand, and agree to these terms. You may only accept our services after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE 34 NORTH SERVICES.  BY USING THE 34 NORTH SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT 34 NORTH’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at 34 Northllc.com and all linked pages are owned and operated by Jesse Williams of 34 North Consulting, LLC and are accessible to you under the Terms of Use described below:

For the purpose of expressing these Terms, “34 North” shall refer to the company 34 North Consulting, LLC. Please read these terms carefully before using the services. By accessing the site, viewing any content, or hiring 34 North for any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy Policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms, then you may not access the site or use our services.

DESCRIPTION OF SERVICE

The 34 North Website, “the Site” is an online service that offers Website Design, Website Hosting, WordPress Support (to operators of websites running on WordPress), Graphic Design, Advertising, Business Consulting, & Marketing Services. Services include but are not limited to, any service and/or content 34 North makes available to or performs for you, as well as the offering of any materials, displayed, transmitted, or performed on the Site, via email, or through the Services. Your access to and use of the Site may be interrupted from time to time as a result of updating, maintenance, or repair of the Site or any other reason within or outside the control of 34 North. 34 North reserves the right to amend, suspend, or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.  Any changes to this policy or the site can be found in our changelog at the bottom of this page.

REGISTRATION

You may be required to register your information with 34 North so that we may contact you and provide you with updates and access to certain content during a project.  Do not reveal your WordPress Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify 34 North of any security breach of your Account. 34 North shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password. Services are available only to legal entities and to individuals who are at least 18 years old.  YOU as used herein shall at all times include the individual or legal entity which has subscribed to the 34 North Services hereunder, including but not limited to any and all persons and or legal entities with which it is affiliated and or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

You agree that you will pay for the Services and that 34 North may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING 34 NORTH WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. Payments should be made by the due date indicated on any said invoice at the time or prior to services rendered. Payments may be made via major credit cards (Visa, Master Card, & American Express), Check (made payable to “Jesse Williams” or “34 North Consulting, LLC”, or by cash (handled in person at the time services are rendered).  Fees shall be implemented at a rate no greater than 10% per 30 day period.

USE OF SERVICES AND LICENSED CONTENT

You agree that the Service may include technology that limits your backend use of your website and that you shall use the Service in compliance with the applicable usage rules established by 34 North and its licensors and that any other use may constitute a copyright infringement. 34 North reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the technology related to such Usage Rules for any reason or to attempt or assist another person to do so. Usage Rules may be controlled and login activity may be monitored by 34 North for compliance purposes, and 34 North reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to 34 North. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.  You agree and understand that 34 North will use Free and Paid (Premium) third-party Themes and Plugins. 34 North shall not be held liable for the failure of these Themes and Plugins including, but not limited to corrupted content, loss of content media, website downtime, and loss of business. 34 North may install third-party Premium Themes and Plugins purchased under our company license. These plugins will remain active while you maintain a monthly maintenance and support contract with 34 North. Upon cancellation of a monthly support contract, 34 North will no longer support or carry your website’s Premium Theme or Plugins on our company license and You will be responsible for purchasing a new license for these Premium Themes and Plugins. A list of these Premium Themes and Plugins can be provided upon request. The Client agrees that 34 North shall have full control of the backend of the website. No other persons, including the Client, should edit content, update WordPress core, or add, remove, or update plugins, ect…  While 34 North may provide the Client with a user login and password for access to the backend of the website, that login may be limited to what features will be available. This is to protect the integrity of the website code, the connectivity, and the interactions of the website Themes and Plugins. You agree to allow 34 North to install such management software in order to organize and manage the backend of your website. 34 North shall not be held liable for the failure of this management software including, but not limited to corrupted content, loss of content media, website downtime, and loss of business.

If you initiate a website project with 34 North, a deposit of 50% is required at the time the estimate/scope of the project is approved by the Client. The remaining 50% is due at the time the website is completed by 34 North and when the website is published live. If the Client accepts an estimate or proposal from 34 North, pays the deposit, and then fails to provide 34 North with any content, images, design direction, or other requested materials within 180 days from the time the deposit was paid, the Client agrees to forfeit the initial deposit paid to 34 North.

34 North agrees to work for the customer’s best interest. In the event that the Client terminates service with 34 North, we will uninstall our management tools and other licensed software.  At that time, we will reissue complete administrative control of the website to the Client. If you do not agree to these terms then You are not allowed to use our services.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Jesse Williams and or 34 North, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services provided by 34 North and/or Jesse Williams. You hereby agree to indemnify and hold harmless 34 North, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or 34 North Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.

LIMITATION OF LIABILITY

In no event shall Jesse Williams or 34 North be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service, or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your services with Jesse Williams and/or 34 North.

JESSE WILLIAMS, 34 NORTH AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY JESSE WILLIAMS, 34 NORTH CONSULTING, LLC AND/OR 34 NORTH OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY

34 North Consulting LLC, 34 North, 34 North.com, and other graphics, logos, designs, page headers, button icons, scripts, service names, and any other intellectual property are the sole and exclusive intellectual property of 34 North. 34 North’s intellectual property may not be used in connection with any product or service without the prior written consent of 34 North.

WEBSITE SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. The proper channel is via email to Jesse@34northllc.com. Each request is subject to further analysis from the development team regarding its feasibility. The effort required for development is exclusively determined by the 34 North management. For work outside of the scope of the 34 North development agreement, 34 North management may provide alternative solutions to the client including referral to the 34 North partner networks. While 34 North strives to complete all support requests within a 48 hour time period, 34 North provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved. Your requests are subject to approval by 34 North management or by its assigned agent.

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. 34 North may provide links to third-party websites as a convenience to you. You agree that 34 North is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that 34 North is not in any way responsible for any such use by you.

THIRD-PARTY SERVICES

You may hire and/or attain services from third parties.  This may include but is not limited to SEO, Web Assistance, Plugins, or other automation.  34 North will not be liable for the actions or outcomes of these 3rd party clients and/or services that you have granted permission to access your website.  34 North will not be liable for changes made to your website, or conflicts with other plugins and licensing once 3rd party vendors have accessed the backend of your website. 34 North will not be liable if your 3rd party vendor creates undesirable outcomes for your website.  Certain services through 34 Norths hosting platform may be denied to 3rd party vendors.  34 North does not allow 3rd party vendors to access the cPanel account for your hosting platform.  You agree that 34 North is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that 34 North is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term is subject to a reasonable use clause. The definition of reasonable use is determined by 34 North management, at its sole and exclusive discretion. Customers deemed to be abusing the 34 North services will be contacted by the 34 North management. 34 North management retains the sole and absolute discretion to suspend service to you if we deem it necessary.

TERMINATION & CANCELLATION

Cancellation can occur at any time. You are never required to stay with us. We prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better. 34 North may terminate or suspend any and all Services and/or your 34 North accounts immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 34 North accounts, you must contact us with your termination request.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You can contact us through email at Jesse@34northllc.com to issue a termination request.

If the client an account with 34 North that is current and wishes to cancel their services, 34 North can arrange for your site to be moved to a 3rd party provider such as GoDaddy or BlueHost.  There will be a fee of $500 to move your site to a new provider.  The Client will have 30 days to set up an account with a 3rd party provider and provide 34 North with necessary information to have the domain transferred.  34 North will provide a complete website backup that can be reinstalled on the new server (we will not be liable for loss of data or errors with this backup).  34 North uses premium and pro plugins/software for building websites.  These premium and pro plugins are not transferable.  34 North will provide the client with a list of all premium/pro plugins so that the client may purchase these plugins.  The Client should allow up to 90 days for backup, plugin list and complete transfer of their website to a new provider.

CHANGE OF TERMS

34 North reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Our Terms agreement is listed on every invoice and estimate we send out and we expect that you become familiar with the terms and conditions of use. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified. 

EARNINGS DISCLAIMER

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Any earnings, revenue, or income statements are based on actual individual results and/or estimates as may be stated. There is no guarantee that you will see these levels for yourself.

As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.

The use of our information, products, and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind 34 North in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 34 North shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 34 North’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including line-noise interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. 34 North may transfer, assign, or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Georgia between two residents thereof, the parties submit to the exclusive jurisdiction of Georgia courts. Both parties agree that the Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.


Your privacy is important to us! It is 34 North’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information.

EMAIL SERVICES

34 North does not provide email service and does not guarantee email service through the website hosting platform with InMotion.  We recommend all Clients use a 3rd party email service such as Google Workspace or Microsoft 365.  34 North will set up the appropriate records in our server for these emails to be directed to your 3rd party email service.  We will not be liable for the loss of email data, images, or documents that are kept on our servers.  Email is not a service we offer.  We will from time to time flush email addresses that consume more than 1 GB of data on our server.  It is your responsibility to ensure that you have a 3rd party email provider and have those emails backed up through that provider.

WEBSITE TEMPLATE RULES & REGULATIONS

Our website package options are offered as a budget-friendly option for launching a website.  We are able to keep the cost low on our template options because these options follow a preset framework.  Our templates allow for slight customization options.  These customization options are outlined below.  If you need more customization than what is outlined below, please contact us to discuss as this will add to the cost of building your website.

YOUR WEBSITE CUSTOMIZATION OPTIONS:

  1. FONT: We allow you to choose a custom font for titles and paragraph text.  We recommend looking at Google Fonts to browse the font options available.
  2. COLOR SCHEME:  We allow you to choose a custom color scheme for your website.  We recommend 2-3 primary colors upon which to base your website’s color scheme. (EX: if you view the Ecom Demo, you will see a Burnt Orange Color, a Light Tan Color, and a Darker Tan Color used throughout the website.  You will also notice that these colors tie into the logo of the website.  It’s recommended to use the colors from your logo to tie in the rest of the website with your Brand.) You can use Adobe Color Wheel or another site to help you pick colors if you are having trouble.
  3. NAVIGATION: Our templates are pre-designed with certain pages.  While we can change the Title of a page or remove or add 1-2 widgets on each page, we will not entirely build a new page from scratch. (EX: If your template has a gallery page and you do not need a gallery page, we can remove that from the website) (EX2: If you want to change the gallery page into a customer testimonial page, then that would incur additional cost) (EX3: If you have 6 services you provide, but the template only has 4 services on that page, we will add an additional 2 service sections to accommodate your business.) (EX4: If you have 15 services you offer, and the template only has 4 services listed on that page, then you will need to consolidate your services or speak with us about adding development time to your build-out)
  4. CONTENT:  You are responsible for providing content for the website.  This means images and text for each page.  It is not required, but it is recommended to have at least 2-3 pictures per page and around 300 words per page. (Exceptions: Gallery Page and Contact page do not need 300 words per page)
  5. FAILURE TO PROVIDE:  These website templates are designed to be a quick launch project and will require work on the part of the website owner.  Ideally, these websites can be fully published within 1-2 weeks of purchase.  After 4 months, if the site has not been published due to a lack of response and content provided by the website owner, then you will lose your deposit.  A new deposit will be required to restart this project.
  6. ECOMMERCE WEBSITES: With e-commerce comes a whole complicated list of backend settings that must be configured.  To keep our Ecom Templates budget-friendly, there are specific requirements to follow.
    1. PROCESSING:  We require all of our ecom templates to use Square, Stripe, or PayPal as a payment processor.  If we must connect to another processor, you can expect additional fees to be incurred.
    2. SHIPPING: Shipping rates vary greatly for different businesses depending on WxLxH and Weight.  We require users to set either a flat rate shipping fee or provide free shipping or local pickup as checkout options.  Calculated shipping plugins can be configured, but you will incur additional fees for this setup.
    3. PRODUCTS: We use WooCommerce as shop software on all of our website templates. The price shown includes up to 10 products being created.  We can provide tips and training videos on how to add your own products, or we will add additional products at an additional cost.
    4. COUPONS: We will create 1 coupon popup to be included with the purchase of the website template.
    5. EMAIL MARKETING: We can set up your website to collect email subscribers, but you will need a 3rd party provider to send out bulk emails to your subscribers.  We recommend MailChimp, Constant Contact, or MailerLite.  If you do not choose one of these services, then please check with us prior to paying for any subscriptions so that we may verify that it will integrate with your website.
    6. PRODUCT SPREADSHEET: In order to collect data for your products that will be added to the website, we will provide a Google Spreadsheet for your business to fill out.  This is required to complete product imports.  This will include things like a SKU#, Product Title, Product Description, LxWxH of the product, Product Categories & Tags, Etc… Please be prepared to fill out this document.

SPECIAL PROMOTIONS

2022 CHRISTMAS SPECIAL PROMOTION

  1. Special Promotion: Special Promotions are a limited-time offer and may be cancelled at any time prior to the event without notice.  34 North does not regularly offer promotions and it should not be assumed that any deal offered will be offered again.
  2. Up To 50% Off: All websites are different. We offer free estimates so that we can gauge the work to be done for your particular project.  The offer you receive at the sole discretion of 34 North and will be based on the complexity of the website being built.
  3. Time Frame: During special offers, it’s possible that our workload will increase and cause a delay in completing websites.  While it’s typical for a website to be completed within 4 weeks, a promotional offer could cause a delay in our ability to complete projects during our typical time frame.  If the client does not respond to requests for information or fails to respond to emails/phone calls/texts and the project goes on hold for more than 6 months, 34 North will cancel the project and the special promotion will be voided.  No refund will be provided.
  4. Premium Plugins/Themes: Any premium plugins or themes needed for the completion of your site will not be provided at a reduced rate.
  5. Hosting: Hosting and Domain services are NOT discounted.
  6. Website Maintenance:  Website Maintenance plans will NOT be discounted.
  7. Requirements:  A client must have paid a deposit before the end of the promotional dates in order to qualify.  
  8. Refunds: There are no refunds once a deposit has been made.
  9. Other Services:  Other services offer such as SEO, Analytics, Logo Design, or Graphic Design are not included in this special promotion.

WEBSITE MAINTENANCE AND UPDATES

Although it is strongly encouraged, 34 North does not currently require website clients to enroll in a Maintenance Plan.   We do reserve the right to enforce this requirement in the future within 30 days written notice.  Clients who do not enroll in a maintenance plan will be responsible for updating plugins, databases, & WordPress core, as well as, back ups, security, and overall health of their website. 34 North will not be liable for Client’s website issues including security vulnerabilities, loss of data, or a website hack due to the negligence of clients not keeping their website up to date with the latest versions of WordPress and plugins.

CHANGE LOG

  • MARCH 18, 2024: Addition of Third-Party Services Terms
  • DECEMBER 18, 2023: Update Change of Terms, Addition of Email Service Terms
  • DECEMBER 14, 2023: Addition of Website Maintenance & Updates Notice
  • MARCH 28, 2023: Addition of Website Template Rules & Regulations
  • NOVEMBER 28, 2022: Addition of Special Promotion Terms
  • NOVEMBER 9, 2022: Addition of Earnings Disclaimer
  • OCTOBER 12, 2021: Update to Use of Services
  • APRIL 14th, 2021: Updated to remove ToS regarding Photo Copyright Policies
  • SEPTEMBER 12, 2020: Updated to include our updated company name, 34 North Consulting, LLC