Last updated April 11th, 2024
This is a legal agreement between You ("You", "Your", "Client") and Bobbles Digital Marketing LLC (the “Provider”, “Developer”, "We", "Us", "Our", "Service Provider", "Creative Team"). By using the Bobbles "Launch1 website package" service (the "Service", "Subscription"), You agree to be bound by the terms and conditions of this agreement. If You do not agree to these terms, You may not use the Service.
"Framer" refers to the no-code platform for building websites, provided by Framer B.V. and its affiliates (https://framer.com/). "Google Workspace" refers to the professional email service provided by Google LLC and its affiliates (https://workspace.google.com/)
The Service is a website service that provides You with a starter simple and professional website with a fast turnaround time. The Service is provided by Bobbles Digital Marketing LLC.
The Service includes the following:
The Service may also include the following additional services, which can be optionally purchased at an additional cost:
The Service includes the following:
If purchased, the Service may also include the following additional services:
The deliverables of the Service ("Deliverables") are as follows:
All of the above Deliverables are subject to limitations defined in the section below and throughout this contract.
The Client acknowledges that the Service has the following limitations:
The Service will follow the following process schedule (the "Schedule")
The Service is considered started when:
The Service is considered completed on any one of the following conditions:
The Service is meant to be completed with a fast turnaround time. To keep turnaround times short and to provide the best service to all of Our clients, We have to plan Our workload in advance. Therefore, We ask that Clients respond to Our messages and emails in a timely manner, to avoid unforeseen workload demands. Therefore, We have a strict policy regarding project abandonment.
If You do not respond to any of Our messages or emails for more than 20 business days at any step of the Schedule, We may consider the project to be abandoned ("Abandoned Project"), and We may cancel the project. If the project is cancelled due to abandonment, You will not receive a refund, and We are no longer obligated to provide any Deliverables for any Abandoned Project.
We may, at Our sole discretion, choose to resume the project or send you completed or partially completed Deliverables if You contact Us after the project has been abandoned. We may charge an additional fee to resume the project, or reject the request to resume the project, at Our sole discretion.
WE WILL NOT PROVIDE REFUNDS FOR ABANDONED PROJECTS. WE DO NOT NEED TO PROVIDE DELIVERABLES FOR ANY ABANDONED PROJECT. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT YOU MAY INCUR AS A RESULT OF AN ABANDONED PROJECT.
You may cancel the Service within 24 hours of purchase, and receive a full refund. After 24 hours, no refunds will be given.
Due to the nature of the Service, we are unable to provide refunds after the website has been delivered to You. If You are not satisfied with the website, You may request revisions at an additional cost.
We may, at Our sole discretion, choose to provide a full or partial refund if We believe that you have a compelling reason for receiving a refund. We may also choose to provide a full or partial refund for any other reason, at Our sole discretion.
You may request revisions to the website at an additional cost. The cost of revisions will be calculated based on the hourly rate listed in the Information Form.
Revisions are subject to the following limitations:
After the project is considered completed, and you would like us to make changes to the website, We may choose to provide revisions under a new contract, at an additional cost.
If no contract or written agreement is made, the terms of this contract will apply to any revisions made after the project is considered completed.
The payment for revisions will be invoiced either at the end of the project or once a month (whichever comes first), with a statement of the hours worked on revisions. Due date for the invoice will be listed on the invoice (At Our sole discretion), and shall be between 7 and 30 days from the date the invoice was sent.
If You do not pay the invoice for revisions within the due date, We may choose to stop working on the revisions until We receive payment. No Deliverables will be provided until We receive payment for the revisions.
In extreme cases, We may also choose to charge a late fee of 1.5% per month on the outstanding balance, or the maximum rate allowed by law, whichever is lower.
If more than 30 business days have passed since the start of the Service, and the website has still not been approved by You, We may choose — at Our sole discretion — to consider the website as completed, and to provide You with the Deliverables.
If We choose to complete the website under this section, We will provide You with the Deliverables, and the Service will be considered completed. You will not receive a refund for the Service, and You will not be entitled to any further revisions or changes to the website.
We may, at Our sole discretion, choose to keep providing revisions and not trigger a forced completion under this section. However, we are under no obligation to do so.
The Service includes the costs of the Service itself, but does not include the costs of any third-party resources or infrastructure that You may need to publish, or maintain the website or professional email. You are responsible for the costs of any third-party resources or infrastructure that You may need, such as (but not limited to):
In more direct terms:
(Note: the above list is not exhaustive, and is provided for illustrative purposes only. Please contact Us if You have any questions about third-party costs and infrastructure.)
All third-party costs and infrastructure are Your responsibility, and We are not responsible for any issues that may arise from third-party costs and infrastructure. You must pay for the third-party costs and infrastructure directly.
Note: We reserve the right to reject any third-party resources (such as photos) that You provide at Our sole discretion, for reasons such as (but not limited to):
Although We will make a good faith effort to provide the services on time and with the quality You expect, You acknowledge and understand that there are certain events that are beyond Our control, and that may affect Our ability to provide the services You have paid for. Those events include, but are not limited to:
We will attempt to notify You of any such events as soon as We become aware of them, or as soon as possible. We will also attempt to provide You with an estimate of the duration of the event, and the impact it will have on Our ability to provide the services You have paid for.
We will not be held responsible for any delays or failures to provide the services You have paid for if those delays or failures are caused by a force majeure event, nor any damages that may result from those delays or failures. We will make a good faith effort to provide the services as soon as possible after the force majeure event is over.
Depending on the nature of the force majeure event, We may choose to provide You with a refund, or to provide You with the services You have paid for as soon as possible after the force majeure event is over.
The Client continues to own any and all proprietary information it shares with the Provider during the term of this Agreement for the purposes of the tasks. The Provider has no rights to this proprietary information and may not use it except to complete the tasks. Upon completion of each task and beyond termination of this Agreement, the Client will own the final Deliverables.
While the Provider will customize the work to Client’s specifications, the Client recognizes that any software, any design, and any other creative work may share a common structure and basis. The Provider or any third-party continues to own any and all templates it may have created. The Provider will further own any templates it may create as a result of this Agreement.
After approval of each Project, the Client gives the Provider the right to display generic information about some of the Projects performed to the Client as well as the Client’s company name to become part of the Provider’s portfolio, for the purpose of demonstrating the Provider’s work to other potential clients. If the Provider chooses to display such materials, the Provider will do so in a way that protects the Client’s dignity, proprietary and confidential information, and without alterations or misrepresentations.
Furthermore, We may display reviews and testimonials from Our clients on Our website, and in other marketing materials. If You do not want Us to display Your review or testimonial, please let Us know.
Both parties are committed to treating each other with respect, dignity, and good faith at all times. In the event of emotional abuse or harassment, the contract may be terminated by either Party as set out in the termination/cancellation clauses of this agreement.
Developer represents and warrants that he/she has the right to enter into and perform this Agreement. Provider further represents and warrants that he/she has the right to utilize and distribute any software created for Client and that such works are not owned by anyone else to Provider’s knowledge. In the event that the Provider does not have these rights, the Provider agrees to assist the Client and repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Provider to be included in any Project. In the event that Client does not have these rights, Client agrees to assist the Provider and repay any associated damages Provider may experience or will take responsibility so that Provider does not experience any damages.
The Client is entitled to a 3-month warranty on each software deliverable starting the day the Project is completed. Warranty is only valid given that the defects are not caused by modification by the Client or third parties. Content updates within the system are not deemed as “changes” and can be performed by anyone without voiding the warranty term. Structural changes to the software logic may void the warranty if it causes a defect.
Warranty includes: technical errors, software bugs and defects.
THE DEVELOPER DOES NOT REPRESENT OR WARRANT THAT ANY WORK FROM HIRED TASKS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, LOAN APPROVALS, ACCESS TO FINANCIAL SERVICES, OR THE LIKE. THE DEVELOPER HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOSS OF BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
IN NO EVENT SHALL THE DESIGNER, ITS AFFILIATES, ITS PARTNERS, OR ITS CONTRACTORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING FROM, OUT OF OR IN CONNECTION WITH ANY SOFTWARE DEFECTS, CONTENT ERRORS, OR ANY OTHER ISSUES IN THE WORK PROVIDED BY THE PROVIDER.
Although the Provider will, in good faith, try to develop Deliverables that respect applicable laws, the Provider does not provide any warranties for any compliance issues with any work created or services provided. IN NO EVENT SHALL THE PROVIDER OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING FROM, OUT OF OR IN CONNECTION WITH ANY COMPLIANCE ISSUES WITH DELIVERABLES CREATED.
THE CLIENT FURTHER RECOGNIZES THAT THE DEVELOPER DOES NOT PROVIDE LEGAL SERVICES OF ANY KIND. IT IS THE CLIENT’S SOLE RESPONSIBILITY TO REVIEW DELIVERABLES FOR COMPLIANCE ISSUES, REQUEST TO FIX ANY ISSUES, AND ENSURE ALL DELIVERABLES CREATED REMAIN COMPLIANT WITH APPLICABLE LAWS AS THEY CHANGE.
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States and other countries. The Parties each represent that they have the authority to enter into this Agreement.
In order to create websites or other software, the Provider might integrate certain third party services (Including but not limited to: Framer, Google Workspace), which have their own terms of service and privacy policies. The client understands that, in order to operate the website or applicable software, it may be necessary for the Client to create accounts with such services and accept their terms of service as a result.
If the Client is found to have breached any of the terms of this contract in a way that is deceitful, dishonest, or harmful to the Provider or Third Parties (e.g. by using the Provider’s work to harm others, using the Service to commit illegal acts, or by using the Service to violate the Provider’s intellectual property rights), the Provider may terminate the contract immediately, without delivery of any Deliverables, and without any refunds. The Provider will not be liable for any damages or losses that the Client may incur as a result of the termination of this contract.
If the Provider wishes to terminate this contract for any other reason (e.g. change of business direction, or if the Provider is no longer able to provide the Service), the Provider will:
The Provider will not be liable for any damages or losses that the Client may incur as a result of the termination of this contract.
We may change these terms at any time, but will provide You with at least 30 days notice before the changes take effect. Most projects will be completed within 30 days, so the changes will not affect most projects. However, in the case of projects with revisions that extend beyond 30 days, the changes will take effect after 30 days from the date of the notice. If you do not agree with the changes, You may finalize the project before the changes take effect.
If any provision of this contract is held unenforceable, all other provisions will remain in full force and effect to the fullest extent of the law.
The Client is encouraged to contact the Provider about any concerns or questions related to this contract, or request clarification.
This contract is governed by the laws of the State of Florida, United States of America. The Client and the Provider agree to submit to the exclusive jurisdiction of the courts of the State of Florida, United States of America.
This contract constitutes the entire agreement between the Client and the Provider and supersedes all prior agreements, whether written or oral, between the Client and the Provider.
If You have any questions about this contract, please contact Us at contact@bobblesdigital.com.