Terms of Service
ACCEPTANCE OF TERMS
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
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. 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.
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 RENTED 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.
If you begin 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 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.
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.
NATURE OF REQUESTS
Requests should fall into the following categories:
Styling elements with CSS
Content population & image manipulation
Help with new pages and page templates
If you are unsure about whether a request meets these criteria, submit it via email at Jesse@34northllc.com and we will either accept the ticket or deny the ticket based on managerial approval. Examples of requests which shall not meet 34 North management approvals for support:
HTML Email Templates
Any design-related work
Custom plugin development
Custom theme development
Search marketing\SEO (unless included in your plan)
Server DNS Management
Phone support and consulting
Any fixes deemed out of scope by 34 North management would require additional consulting and will be charged to the Client.
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.
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. In fact, 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.
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. 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. Any change shall be delivered to the Client via email as sanctioned during registration.
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.
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