We are Next Web LLC, a Columbus, Ohio company (“we/our/us”). Our email address is email@example.com.
This agreement outlines the terms of the Tomorrow’s Startup package. By ordering the Tomorrow’s Startup package (referred to as “the package”), including any add-on options, you are accepting the terms of this agreement. You must accept the terms before any services will be rendered. You should print a copy of the Terms, or save them to your computer, for future reference.
1. Website Creation
(a) The package will include design and development of a website including:
(i) up to 5 pages of content (including the Home page); you may have less than 5 pages
(ii) up to 2 forms; additional forms may be purchased in accordance with paragraph 2(b)(ii)
(b) The website will be designed and branded to fit the personality of your company as perceived by Next Web from the information provided by you in the Getting Started form. We will use our best judgement to create visuals and designs that match your brand.
(c) If you have more suggestions that you did not mention in the Getting Started form, you will be asked to provide that information via email.
(d) We will attempt to launch your site within 5 days of receiving the necessary content and payment of the initial deposit. If we do not have both payment and the necessary content, you will be contacted via email to provide us what you have not yet supplied.
2. Add On Options
(a) Add On Options are optional and can be purchased upon request at the time of payment for the initial deposit or anytime while your package is active.
(b) The following options are available to choose from:
(i) Logo – a professional logo with vector files will be provided for $150 (one-time payment)
(ii) Additional forms (includes setup and testing):
– $50 per form with 10 fields or less and no payment fields
– $100 per form with more than 10 fields or with payment fields
(a) Revisions are available upon request within 30 days of website launch.
(b) Revisions will be limited to content placement, visuals and photos, colors, and fonts unless otherwise approved by us.
4. Website Content
(a) After approval of your application on the Getting Started form, we will send you an email to request the content you would like on the website. The content that we need is text only.
(b) If you have a current site, please include a link in your email. You grant us rights to use any and all content that is on the website you attach. You also agree that you have full rights to use any and all content on attached website.
(c) We will not create or supply any text content to be displayed on your site.
(d) Pictures and other visual elements on the site will be provided by us free of charge through royalty free stock photos. If you have photos that you want included on the site you will need to provide us those photos via email including your company name, email, and the full size resolution photos (minimum of 1280px wide).
(a) After completing the Getting Started form and your application is accepted, we will send you an email with a link to pay for the package on our website.
(b) A one time deposit of ($750) is required before any services are rendered for the package.
(c) Recurring monthly payments of ($250) will start 120 days after the initial deposit is received and will repeat every month on the same day. For example, if 120 days after your initial deposit is March 21st, you will be charged on March 21st, April 21st, May 21st, and so on until you or us cancel your package.
(d) You agree to let us automatically charge your credit card each time payment is due.
(e) We will provide access to change or update the credit card on file.
6. Monthly Updates
(a) A total of 4 monthly updates to your website are included with the package.
(b) Monthly updates can be content additions/subtractions/modification (photos, texts, visuals), colors, or fonts.
(c) Please submit monthly update requests via the helpdesk.
7. Agreement Terms
(a) This agreement will begin on the date that we send a confirmation of your order and deposit.
(b) There is a minimum term of 3 months for this package, and will continue on a month-to-month basis after the end of the minimum term until the package is cancelled.
8. Changes to Agreement
(a) We will notify you of any changes to the Terms of this Agreement. The changes will take effect 14 days after the date we notify you of the changes. If you are not happy with the changes, you may cancel your subscription. If you don’t cancel your subscription, we will assume you are happy of the changes.
9. Data and Privacy
(a) You will own all rights in Your Data and you are solely responsible for ensuring the legality, reliability, integrity, accuracy and quality of Your Data.
(b) You will make sure that all use of the Services by you, or your employees, agents and contractors, will meet all relevant data protection and privacy Laws.
10. Our Liability to You
(a) There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is injured because of something we have or have not done.
(b) Neither we nor any of Our Representatives will, in any circumstances, be responsible for any:
(i) loss of profits, sales, business, or revenue;
(ii) loss, or corruption of data, information or software or loss of use of information;
(iii) loss of business opportunity;
(iv) loss of savings you expected to make;
(v) loss of goodwill; or
(vi) loss or damage that you and we would not have thought likely at the time the Agreement was formed.
(c) If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought likely at the time the Agreement was formed. We are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise as a result of:
(i) you using or relying on the package;
(ii) you not being able to use the package;
(iii) any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the package or if the package doesn’t work properly because of Events Outside Our Control;
(iv) theft or destruction of information or someone getting access to our records, programs or services without our permission; or
(v) any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services.
(d) Our liability to you for any loss or damage suffered by you in connection with the Agreement or Services will be limited to the total Fees or Monthly Budget that you have paid to us for the affected Service in the 6 months prior to the event giving rise to our liability. You also agree that Our Representatives will not be liable to you for any loss or damage you may suffer due to the provision of, or failure to provide, the Services.
(e) Except as set out in the Terms, we do not make any promises in relation to the package. Where any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do so. It is up to you to decide whether the Services are suitable for your needs. We won’t be responsible for this. We do not make any promises concerning the performance, results or success rates that may be achieved by any Service.
(a) We may cancel your services at any time either by telephoning you, emailing you or by writing to you. When we contact you we will tell you when cancellation will take effect and will try to give you as much notice as possible.
(b) We may cancel your package immediately and without telling you beforehand if:
(i) your payment does not go through according to Section 4 of this agreement
(ii) your illegal use of the package requires us to suspend your account
(iii) your use of the package infringes on a 3rd party’s rights or trademarks
(iv) any use of the package that may adversely impact the package, us or our representatives
(v) we receive a complaint of your use of the package
(vi) you break this Agreement in any way and do not correct the situation within 30 days of our request
(c) If we cancel the services under paragraph 11(b), you will not be entitled to any refund or credit of any amount that you have paid for the package.
(d) If we suspend the package under paragraph 11(b), the package will remain suspended unless and until you have fixed the cause of the suspension to our satisfaction; or either we or you cancel the package.
(e) If we suspend or cancel the Services under paragraph 10(b), we will be entitled to refuse any or all future use by you of any or all of the Services, or any part of them.
(f) You may cancel the package at any time by contacting us via the helpdesk, telephone, or by email. Unless you are within your minimum term, cancellation will take effect as soon as possible after we receive your request to cancel.
(g) If you decide to cancel part way through a service month, you will be pro-rated for the amount not used calculated by the percentage of days left in the service month.
12. Your Data
(a) Should you decide to cancel your package, or if your package is cancelled by us under paragraph 11(b), your account or services may be terminated and you will no longer have access to your website through our package.
(b) You are solely responsible for keeping backups of your data or content that is used in accordance with the package or data that is included in the package. You acknowledge that it is your responsibility to back up your data if you want to access it following cancellation.
(c) We will not be liable for any loss of your data as a result of the termination of the package.
13. Contractual Authority
(a) You confirm that:
(i) you have the authority and are signing the Agreement (1) in your individual capacity, (2) as a representative of the business on whose behalf you are signing the Agreement, and (3) as a representative of the business for whose benefit the Services are being purchased (if such business is not the same as the business on whose behalf you are signing the Agreement); and
(ii) you are over eighteen (18) years of age.
14. Other Terms
(a) Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
(b) We may transfer our rights and promises under an Agreement to another organization. We will tell you if this happens.
(c) No person, other than you and us, will have any rights to enforce any of the terms of the Agreement.
(d) By execution of the Agreement, the signer of the Agreement personally and individually undertakes and assumes, jointly and severally with the business on whose behalf the individual is signing, the full performance of the Agreement including payment of amounts due under the Agreement.
(e) If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.
(f) All references in the Agreement to “written” or “writing” will include email unless stated otherwise.
(g) The Agreement contains the whole agreement between you and us relating to the package and supersedes all other oral or written communications, undertakings and agreements, if any, between us relating to the package. You acknowledge that you have entered into the Agreement without relying on any previous statement or promises made by us, unless those statements or promises are expressly included in the Agreement. However, paragraph 14(f) does not in any way limit our liability for making fraudulent statements in connection with the package or otherwise.
(h) Our sales representatives have no authority to make any changes to the Agreement or to commit us in any manner whatsoever in contradiction to the provisions expressly set forth in the Agreement.
(i) We are not in any kind of partnership, contract of employment or joint venture with you. Nothing in the Agreement will be taken as authorizing you to act as our agent.
(j) The Agreement will be governed by, and interpreted in accordance with, the laws of the state in which the business on whose behalf you are signing the Agreement maintains its principal place of business (without reference to its conflicts of laws principles).
(k) In any legal proceedings, both parties agree to waive any rights they may have to participate in any class, group or representative proceeding and both parties agree to waive any right they may have to a trial by jury.
Last revised September 2017