TERMS OF SERVICE

Last updated: August, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.hooperdave.com website (the “Service”) operated by BUILD A BETTER WEB SITE (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of BUILD A BETTER WEB SITE and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BUILD A BETTER WEB SITE.

BUILD A BETTER WEB SITE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BUILD A BETTER WEB SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

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.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Design Contract Terms of Service:

Services
You want a website and We can’t wait to build it for You. We will provide You with the following services (“Services”) in a timely and professional manner.

If You decide the Services aren’t exactly what You are looking for, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know what You would like to change by filling out a simple form called a “Change Order”. The Change Order will explain what You want Us to do differently. If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services. Speaking of costs…

Timeline
We know You are excited to receive your final product, and We don’t want to leave You waiting. We will roll up our sleeves and get work on the agreed upon date and continue until the satisfactory completion of the Services. This means that We won’t throw the towel in until the website We develop for You is performing exactly as agreed to.

Copyright Notice
A Copyright notice that states “Copyright © 2020 All Rights Reserved | Site Designed by BUILD A BETTER WEB SITE” must be displayed on the bottom of each page of your website. Our logo and name linked to our website may also be displayed.

Cross Promotion
We will request from you a review (Yelp, Google My Business etc…) at the launch of your new web project in an effort to promote our company.  We promise to reciprocate by providing your company a review.  For projects with a blog, we will include a post promoting our company. We will be creating a post for your web project as a case study with links to your project on our website.  This mutual exchange is beneficial to both parties.

Intellectual Property
You will own the masterpiece, also known as the website, that We design for You and any visuals that We provide with it. We will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims.

We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.

Confidentiality
Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.

Website Administration
We will not provide administrator access to clients on our web server.  All administrators are for Build A Better Web Site staff only.  As a matter of security and prevention of malicious hacking, we will not risk the integrity of our web server.  Any administrator accounts being created without notice will be immediately deleted and the passwords for all users on your account will be updated or reset.  This protects you as well as all of our clients.

Administrator Requests
If you feel you absolutely must have an administrator account, you may contact us to request it.  We will evaluate and approve only if there is no other solution.  If you are granted an Administrator role, you may not under any circumstances create additional administrator users.  Doing so will send an alert to our server monitor, the new accounts will be deleted, your account will be reduced in authority, and all passwords will be reset.

Assignment
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.

Termination
We would really hate to see You go. If You decide We aren’t your cup of coffee (or wine), You can end this Agreement by giving Us a ten (10) day written notice and paying Us for the Services that We have completed.  Specifically 80% of the remaining annual contract balance.

Upon successful termination, we will provide a backup of your website created with our chosen backup tool.  This backup will contain all content in the most recent version of your website but will not include licenses to premium themes, content or software.   We can be hired to migrate your website to your new webhost at our current migration fee of $200.

If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice.

This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.

Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.

Dispute Resolution
Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.

Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of California, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.

Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.

Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.

Notices
All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered snail mail with return receipt requested.