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Terms of Service

The last update to our Terms of Service was posted on June 14, 2020.

This web page represents a legal document that serves as our terms & conditions and it governs the legal terms of our website, http://flexsited.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Flexsited.

Capitalized terms, unless otherwise defined, have the meaning specified within the definitions section below. This terms of service, along with our privacy policy, any mobile license agreement, and other posted guidelines within our website, collectively “legal terms”, constitute the entire and only agreement between you and Flexsited, and supersede all other agreements, representations, warranties and understandings with respect to our website and the subject matter contained herein. We may amend our legal terms at any time without specific notice to you. The latest copies of our legal terms will be posted on our website, and you should review all legal terms prior to using our website. After any revisions to our legal terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our legal terms to make sure you still agree to them.

By accessing this website, you are agreeing to be bound by these website terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Payment Terms 

Upon your first payment, you will be entering a monthly or annual payment cycle with Flexsited.

To allocate and secure design and development time for any new web design project, a payment must be made. A monthly or annual payment secures this time for your website project and work commences shortly after pending current work load. 

The date payment is made starts your billing cycle. Our billing system will automatically send out reminders when next term is due (monthly/annual).

We ask that the monthly service fee is paid on a recurring basis through our Stripe payment platform.

Flexsited reserves the right to cancel your account, without notice, upon rejection of any credit card charges, nonpayment of authorized charges by your bank, or any other indication of credit problems.

A late payment finance charge of 1.5% per month shall be added to all outstanding amounts due. If payment is not received by the next billing cycle, Clients will receive a reminder notice that payment is due and that service will be terminated if payment is not received by the following billing cycle.

If payment is not received by the following billing cycle, service will be terminated and collection of the past due amounts may be submitted to a collection agency. Clients can reinstate service by paying all past due charges plus a deposit equal to one month’s service.

Subsequent Flexsited monthly charges are paid by automatic fund transfers, credit card transactions, and other payment methods. You may not place orders or attempt to pay for Flexsited services using any expired, false, or unauthorized bank or credit card.

Checks or ACH (electronic checks) issued on closed accounts or insufficient fund checks may be subject to a $25.00 handling fee. Declined credit cards, expired credit cards may be subject to a $25.00 handling fee. Flexsited charges a $200.00 fee to handle unauthorized credit card disputes. Unauthorized credit card disputes are those that are filed directly with a bank or credit card company without official communication or prior effort to resolve the dispute with Flexsited. 

To dispute a charge, you must first contact our accounting department at [email protected] and allow 14 business days for a response.

Money Back Guarantee

If after 14 days you’re not completely satisfied, we’ll either keep working on it until you’re happy, or refund your money under the following conditions: 

  • Refund is within 14 days of signing up, and
  • Request comes prior to beginning revisions on your website draft.
  • Money Back Guarantee is not valid if website draft is accepted and revisions have begun.

Refund Restrictions

  • Refund is not allowed once revisions are requested.
  • Refund must be requested within 14 calendar days of signing up.
  • Refund not applicable on domain registration fees.
  • Refund must be requested in writing.
  • Refund not applicable on annual payment plans.

In order to claim a refund on the basis of this guarantee, the client must provide written notice of their request to cancel the project prior to 14 days once your project commences. The written request must be sent to [email protected]

Cancellation

At any time, you may end your monthly website service plan.  The website will be deactivated and if required, you may have a cancellation fee of $250.00. 

If you have selected our month to month plan, you can cancel at any time and pay a $250 cancellation fee. You must contact Flexsited to provide 30 days’ notice directly by calling 1-833-255-3233 and speaking with a customer service representative in order to cancel. 

  • Your subscription runs through the end of each month, or billing cycle, and is based on the date of your website purchase. No refunds are given for the current month of service.
  • If you wish to cancel your subscription prior to 6 months of uninterrupted service, you will be charged a $250 cancellation fee.

Services will terminate as of the end of the applicable billing period. Subscriptions cannot be cancelled via voicemail. You are responsible for all fees incurred up to and including the date of termination and upon termination you may receive a final bill reflecting the balance due for any remaining charges and agree to pay all such fees incurred by you and/or via your utilization of the Services. If you order any Services by telephone and do not agree to be legally bound by these Terms and Conditions at that time, you must notify Flexsited within seventy-two (72) hours from the time that Flexsited has sent you a welcome e-mail to your account e-mail address on record, that you desire to cancel such Services, whereby the Services will be cancelled, and a refund of any payments or fees already paid to Flexsited with respect to the order of the Services will be issued, with no further obligation by either Party. Your failure to notify Flexsited of cancellation of any Services as described above will indicate that you acknowledge and agree that you have read and understood these Terms and Conditions and agree to be legally bound by them.

If you have selected our annual plan, you cancel at any time but because of the discount you were provided by selecting the annual plan, you will not receive a refund.  

 You can request your domain name to be released from us and transferred to another hosting provider; for a small domain transfer fee of $40. 

Branding

Since most of our referrals come from our sites we build, as part of the already discounted pay monthly services, a link to Flexsited will appear in either small type or small graphic at the bottom of the Client’s website; and your site may be featured on our portfolio. The branding link can be removed for a $2 p/mo branding removal fee.

Additional charges will apply on changes to the design. Any service we provide is subject to acceptance and may be withdrawn at any time. If your payment is returned; your site may be temporarily taken offline until payment is made.

Support & Updates

We will update the components we install to your website and your content management system free of charge while you have a hosting & maintenance plan with us. This keeps your website safe and secure, and helps prevents hacking and malware appearing on your website.

Submitting update requests is easy. Simply submit a website maintenance request through the client support portal with the changes you would like made.

While we fully test our websites, sometimes a fault may occur that is due to our work. In this event we will fix the fault for you at no cost (this doesn’t cover adventurous website owners who break something.

Your website will be browser tested for the most popular web browsers at the time of building your website. We do not cover the cost to make changes to your website that is due to major releases of new web browser.

Exclusions

While we do try to include as many requests as possible with our Pay Monthly Website Plans, the following is not included as a standard design:

– Changes to pages design/functionality
– Copy-writing of the content for the website (content is provided by client)
– On-site training on the CMS system
– Costs of CMS (WordPress Plugin’s) required for your design or requested
– Changes to your design or image modifications after launch – Purchase of additional images/ fonts for use with your site

We can do all the above for you, but some services or images for example can cost a significant amount of
additional fees or time to integrate.

Simply let us know any special requests when you contact us, and we’ll include any additional costs in your
proposal.

Definitions

The terms “us” or “we” or “our” refers to Flexsited, the owner of the website.

A “Visitor” is someone who merely browses our website, but has not registered as member.

A “Member” is an individual that has registered with us to use our service.

Our “Service” represents the collective functionality and features as offered through our website to our members.

A “User” is a collective identifier that refers to either a visitor or a member.

All text, information, graphics, audio, video, and data offered through our website are collectively known as our “Content”.

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Flexsited’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. Modify or copy the materials;
    2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. Attempt to decompile or reverse engineer any software contained on Flexsited’s website;
    4. Remove any copyright or other proprietary notations from the materials; or
    5. Transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flexsited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restricted Uses

Listing of offered products on the website could be used only for lawful purposes by users of the website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Flexsited without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Flexsited’s name or trademarks without the express written consent of Flexsited.

You agree not to offer or modify any content found on the website consisting of, however not limited to, names of users and content, or to recreate, display, openly perform, distribute, or otherwise make use of the amterial, in any way for any public function, in connection with services or products that are not those of Flexsited, in other way that is likely to trigger confusion among consumers, that disparages or challenges Flexsited or its licensors, that dilutes the strength of Flexsited’s or its licensor’s residential property, or that otherwise infringes Flexsited’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the site. The use of the material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Flexsited develops to generate or show any material of the pages making up the website is likewise secured by Flexsited’s copyright, and you may not copy or adjust such code.

Flexsited has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the website breaches these terms please contact our representative as set forth below.

If alerted by a user of any products which allegedly do not conform to these terms, Flexsited could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the content. Flexsited has no liability or duty to individuals for efficiency or non-performance of such activities.

Electronic Communication
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site.

Your Account
If you utilize the website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any personal data on the website might result in the immediate termination of your account. Flexsited additionally reserves the right to refuse service, terminate accounts, and remove or edit content at its sole discernment.

Flexsited does not guarantee the truthfulness, precision, or dependability of content on the site, consisting of personal data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Reviews, Comments, and Other Material
Registered users of the website might post evaluations and remarks of a product and services purchased by means of the website, so long as the material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of “spam.” 

You may not use another user’s account to impersonate a user or entity, or otherwise deceive as to the origin of the opinions. Flexsited reserves the right (however is not bound) to eliminate or modify such material, but does not regularly examine posted material.

If you post an evaluation or send comments, and unless Flexsited suggests otherwise, you grant Flexsited a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. 

You grant Flexsited and sublicenses the right to utilize your name in connection with such material, if they choose. You represent and require that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Flexsited for all claims resulting from content you supply. 

Flexsited has the right but not the commitment to edit and keep track of or eliminate any task or material. Flexsited takes no duty and assumes no liability for any content published by you or any 3rd party.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our website. Flexsited reserves the right to investigate complaints or reported violations of our legal terms and to take any action we deem appropriate, including but not limited to canceling your member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our privacy policy.

Intellectual Property
Our website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our website is strictly prohibited. Your use of our website does not grant you ownership rights of any kind in our website.

Revisions and Errata
The materials appearing on Flexsited’s website could include technical, typographical, or photographic errors. Flexsited does not warrant that any of the materials on its website are accurate, complete, or current. Flexsited may make changes to the materials contained on its website at any time without notice. Flexsited does not, however, make any commitment to update the materials.

Disclaimer
The materials on Flexsited‘s website are provided “as is” Flexsited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Flexsited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site. The website serves as a venue for Individuals to purchase distinct service or products. Neither Flexsited nor the website has control over the quality or fitness for a particular function of a product. Flexsited likewise has no control over the accuracy, reliability, completeness, or timeliness of the user-submitted details and makes no representations or warranties about any info on the site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY FLEXSITED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLEXSITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, FLEXSITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. FLEXSITED DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM FLESITEDARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. FLEXSITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL FLEXSITED LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Flexsited has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

Site Terms of Service Modifications
Flexsited may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms and conditions of use.

Governing Law
Any claim relating to Flexsited’s Website shall be governed by the laws of Georgia without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity
You accept defend, indemnify, and hold safe Flexsited, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the site, (ii) Your use of any content, or (iii) Your breach of the terms of these terms. Flexsited will provide notice to you promptly of any such claim, match, or case.

Copyright Notice 

Flexsited respects the intellectual property rights of others and desires to offer a platform which has no content that violates the said rights. Our terms and conditions agreement require that users provide information which is lawful, accurate and does not violate rights of third parties. 

In order to ensure our objective is adhered to, Flexsited has provided a detailed procedure for submission of complaints regarding content on our website. 

Kindly note that whether or not we disable access to or remove content, Flexsited may take a good faith attempt to forward the written notice which includes the complainant’s contact information, to the users who provided the content and/or take other reasonable measures to notify the user that Flexsited has received notice of an alleged violation of intellectual property rights. 

Flexsited has the discretion to terminate and/or disable the user’s account in the event he or she is found culpable of infringing the rights of others.  

Kindly note that Flexsited requires that you submit truthful and accurate information in the notice or counter-notice and the same must be submitted under penalty of perjury. Be warned that a false notice or counter-notice may result to personal liability. We advise that you seek legal counsel before submitting a notice or a counter-notice. 

Notice of Copyright Infringement 

Flexsited has incorporated procedures for receiving written notification of alleged infringements pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512). Flexsited has designated an agent to receive notices of claimed copyright infringement. 

In the event your copyright has been infringed, please furnish us with a written communication containing the following information: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description specifying the location on our website of the material that you claim is infringing;
  4. Your email address and your mailing address and/or telephone number;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice 

In the event you believe that a notice of copyright infringement has been unfairly submitted against you, please feel free to submit a Counter-Notice. The Digital Millennium Copyright Act under Sections 512 (g) (2) and (3) provide for submission of Counter-Notice. 

Please furnish us with a written communication containing the following information:

  1. Your physical or electronic signature;
  2. Identification of the material removed or to which access has been disabled;
  3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

General Terms
Our legal terms shall be treated as though it were executed and performed in Georgia and shall be governed by and construed in accordance with the laws of Georgia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our legal terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our legal terms, our legal terms shall take precedence. Our failure to enforce any provision of our legal terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Flexsited under our legal terms shall survive the termination of our legal terms.