Valid Ventures, LLC DBA Simply 40 (“Simply 40”) strives to provide the best possible service to all our customers, but we will not tolerate any abusive or unlawful activity. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Simply 40 customers and us against such harm. In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by Simply 40 (“Services”) or otherwise indicate your affirmative acceptance of such Services.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause harm to Simply 40 in any way, will result in immediate account deactivation without prior notice. No refund will be issued in this case.
Simply 40 will design and develop a website, as well as provide hosting for an initial twelve (12) months. This is an annual and automatically renewable service.
Your annual payment for this service includes free unlimited updates to your website at the sole discretion of Simply 40, for that annual term. Simply 40 reserves the right to refuse, deny or postpone any update(s). Any revisions, additions, updates, content or requests must be submitted through our online ticketing system.
Security and maintenance updates are done on routinely and content updates are done on Tuesdays.
For example, if you submit a ticket to add a new page to your website on Thursday, the page will be begin being worked on that coming Tuesday. The cut off time for the weekly Tuesday update is Monday at 6PM PST. Tickets sent after 6PM PST on Monday, will be picked up the following Tuesday.
Simply 40 follows an interactive, hands on, reference guide for each phase of our process. It is the client’s responsibility to provide all necessary content, approvals, responses and more, in order to gauge the time from commencement to launch. In addition, websites that consists of more than 5 pages or include additional add-on functionality will factor into turn around time as well. Timely approvals of each phase of the process are crucial. If the approval is delayed, the turn around will be delayed as well. A typical project can range from 3 weeks to 3 months depending on the complexity. If you have a deadline, please let us know up front so that we can focus on projected time-frames. Short deadlines may require a rush fee.
In order to offer you unlimited and consistent updating of your website, we provide hosting service and domain name registration for you totally free and included in your plan. If you have existing hosting or a domain name, we provide totally free migrations. We partner with Google Domain Services, as well as Amazon Cloud VPS to offer you only the best of the best!
We are a full service web design and development firm. We are capable of any need or service you may have. We will advise you on any service that may be outside of the scope of the Simply 40 plan and will then offer recommendations about our best practices for accommodating your needs.
You agree to a twelve (12) month contractual term of service.
The first payment activates your service and becomes your first day of your service term. If you cancel your service before the end of a 12 month period, of a “yearly” subscription, no further payment is due and no refund is offered. If you cancel service before the end of a 12 month period, of your “monthly” service, the remainder of the 12 month service agreement will remain due.
Once a project has been created in our system, we immediately create your account. The $199 set-up fee goes directly to licensing and software for your account. In addition, there is extensive administrative work that goes into organizing your account in our system so that your project is streamlined with automation. Therefore, once the project has been registered through Simply 40 it can not be refunded and the 12 month service fee remains due.
All work product material will be held/retained until full payment is received which includes: website, hosting and domain.
This agreement will automatically renew for the following twelve (12) month term unless canceled in writing by you at least thirty (30) days prior to the end of term renewal date.
If after a 12 month term you would like to port your website to another hosting provider, a request must be sent in writing by you at least thirty (30) days prior to the end of term renewal date. We will then send a zip archive of your server files for the full service period via dropbox or email.
If you would like to port out your website before your 12 month term is completed, the full account balance is due before we can provide your server archive file and any other account materials.
In the case of either scenario, once the archive is sent and the port complete, your hosting account/server will be deleted from Simply 40 and will no longer be available to be reopened. If you would like to rejoin Simpy 40, a new account will need to be opened.
Adding or renewing any monthly add-ons, at a month-to-month rate, will renew your full service for an additional 12 months from the date you activated the add-on.
Renewal prices are subject to change. Renewing services acts as your agreement and signature to any contract revisions and price changes. Renewal fees for the following term will be automatically charged to your account.
PUTTING AN ACCOUNT ON HOLD
In an emergency situation, with (30) days written notice, we will put your account on hold for up to 30 days. The account must be current with billing in order to put an account on hold. This will disable the website during that time. When you are ready to resume, a re-reinstatement fee of $59 will be due (in addition to any unpaid balance.) This will bring the account live to exactly how it was before it was put on hold.
If this agreement is cancelled at any time before a 12 month service period, all copyrights are retained by Simply 40 including full website design, concept, development, hosting, domain, graphics provided by Simply 40 and any website copy created by Simply 40. This excludes any content provided by the client.
Simply 40 holds copyrights to unpaid designs and reserves the right to use any part of unpaid designs, (that were not supplied by a client), whether partial or whole, for resale.
At the time of cancellation from Simply 40, whether by the client or Simply 40, the client must complete a minimum 12 month service period for their website, complete a minimum 12 month service period for each additional add-on (each having their own 12 month service period), fully pay any additional Simply 40 invoices, and fully pay any 3rd party products/services. The client may then request a full copy of website files. Once full website archive file is sent, the copyright ownership is fully transferred to the client. 3rd party licenses, software, plugins, themes or hosting account are not transferable.
It is the client’s responsibility to secure email confirmation from Simply 40 that the service has been cancelled. If the client has not yet received email confirmation of service cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with a service until cancellation is verified via email. If the client has a balance due at the time of cancellation, this balance must be paid in full and the cancellation may be refused until such a payment is made. Cancellation does not absolve client of any outstanding financial obligations. Simply 40 reserves the right to go through a third-party collection agency to collect any overdue payments. All accounts sent through a third-party collection agency will have an additional fee of 38% of the amount owed added to cover the collections fees and other related expenses, subject to applicable laws.
PAYMENTS & NON-PAYMENTS
When checking out through Simply40.com, it is imperative that you check your shopping cart total. If you check out with items in your cart, such as add-ons that you did not intend to add, we will only refund those add-ons within 2 hours of purchase, and less a 10% service-fee.
Credit cards may be billed up to seven days in advance of the due date to assure that service will not be affected if there is a problem with the credit card.
In the event that your monthly service fee does not process correctly, we will contact you to resolve the balance. If the payment(s) is not satisfied within 10 days, we will disable the current account and a re-reinstatement fee of $59 will be due, in addition to the balance, to bring the account current and live.
Simply considers all credit card chargebacks for services rendered, or partially rendered, to be fraudulent. Such accounts will be assessed a $50 fee, per incident, and have their balance sent to a third-party collections agency.
The cost of the Simply 40 plan is $480 per year if paid annually or $588 per year if paid monthly, plus a one-time setup fee of $199, and includes the following:
WEBSITE DESIGN & DEVELOPMENT
10 EMAIL ADDRESSES
We create up to 10 Forwarding Email Addresses for you included in your Simply 40 Plam. (Example: email@example.com) This allows you to receive emails to these email addresses.
If you would like to “send out” as your company email address, we have an additional paid add-on – Full Email Suite.
The full email suite options include your own email account with up to 20 email addresses & 30GB of online storage or unlimited storage.
ONE FREE DOMAIN NAME REGISTRATION
Please read the terms and conditions below for additional provisions.
Simply 40 reserves the right to change these terms, as well as any content on our website, in it’s entirety, at any time, for any reason, without notice. Once a customer, please review your user portal often to view updated policies, procedures and pricing.
Terms and Conditions
DESIGN PROCESS AND LEGAL INFORMATION
- For a typical website project, there will be 5 pages of text content, full custom design, in depth programming and extensive database work. The main functionality would include, one top image, one standard contact form, a photo gallery with up to 3 categories implemented, and a total of 10 images uploaded. Project includes unlimited updates after project launch. Project total is in consideration of the creation of the website. All other services are complimentary with service plan. Therefore, if monthly or yearly plan is terminated, full project balance still remains due for the website creation.
- The process of web design consists of the client providing visuals, color choices, graphics, other site examples, existing advertising materials, logos, images, videos or any other content the client deems suitable as a design guideline. Simply 40 will create an initial design and request feedback from the Client. The design will be revised per the Client’s recommendations.
- Text content will be provided by the Client as final drafts, ready for publication and in digital form. Additional charges may incur depending on the extent of the content requiring digital transformation.
- To maintain our portfolio credentials, and the integrity of any applicable copyrights, Simply 40 shall be entitled to place a minor credit with a hypertext link (ie:”Designed By: Simply 40”) in an obscure location on each page of the web site. Simply 40 is also entitled to reproduce samples of web work done for the Clients in our portfolio and in any marketing materials.
- If there is a deadline to be met before a two month timeframe, it may be possible accommodations can be made with a rush payment. Client must provide all necessary information and content before project will commence.
- Simply 40 and the Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in Clark County, Nevada, and any necessary arbitration or litigation will take place in this county. These terms of service as well as the entire transaction are governed by Nevada law.
- Copyright to web documents produced by Simply 40 for the Client, including page designs, their source code, and the unique assembly of these elements which constitutes a web site, shall be retained by Simply 40 until full website project, including add-on and additional services/products are paid in full. Simply 40 agrees not to use these page designs, or significant recognizable portions of them, as part of other published work as long as the project balance is paid in full.
- Client is solely responsible for the editorial content of the material included on their website. Accordingly, the Client agrees that he/she will defend and indemnify (hold harmless) Simply 40 from any suit, demand, or claim resulting from the editorial content of the website. Simply 40 will not publish any content that violates the terms of service for the web host used to publish the Client’s website or images.
- The Client represents to Simply 40 and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Simply 40 for inclusion in the Client’s website or project, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Simply 40 from any claim or suit arising from the use of such elements furnished by the Client. Simply 40 is not responsible for any content uploaded to the website by the client or it’s website users.
- Simply 40 makes no guarantees as to minimum “uptime”, nor shall Simply 40 be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits, business interruption or loss of digital data. It is the Client’s responsibility to request an up to date version of all files pertaining to completed website after the website has been paid in full. Simply 40 may not have or keep an up to date version of Client’s website. If files are lost or deleted, Simply 40 is not responsible to retrieve, recover or supply such files. Should Simply 40 have an up to date version of Client’s website files, we can restore files. Also Simply 40 is not liable for any deletion or interruption of a Facebook account, other social media accounts or third party websites.
- Simply 40 will not be liable to Client or to any third party, for any damages arising from the use of their website.
- Should any custom work be needed, or any work that does not fall under the Simply 40 plan, all work will be preformed at our hourly rate of $75/hour. (Which is billable at $1.25/minute) Should the Client’s Simply 40 plan be canceled for any reason, all prior work will be subject to our hourly rate of $75/hour.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
HOSTING & DOMAIN NAME TERMS AND POLICY
- Simply 40 will create and maintain a monthly hosting account for each client through our hosting provider.
- Simply 40 offers free domain registration, for one domain, for the life of the client’s Simply 40 account. The client can choose a new domain name or use an existing domain name that they own. If the client requests to use a currently registered domain name that they own, Simply 40 will manually transfer said domain from the client’s current registrar, to Simply 40’s Google Domain’s account. We will request the client’s domain login credentials and the domain authorization code to transfer the domain name. The client understands and agrees that sending domain login credentials and/or the domain authorization code, hereby gives Simply 40 authorization to transfer their domain name to Simply 40’s Google account. The client has the alternative to choose a new domain name instead.
- Simply 40 retains the right to temporarily disable, or permanently remove website files or domain names from any account, should the monthly or yearly account not be paid within 30 days of payment due.
- Simply 40 does not always retain a current version of client’s hosted files. Client is responsible to request updated versions of hosted files after the website is paid in full.
- Hosting up-time is 99.9%. Simply 40 is not responsible or liable for any amount of hosting down time in case of server disruption.
- Once a hosting account is created, no refund will be provided. Previous monthly or yearly payments made for services are non-refundable at any time. Once account is canceled, files can no longer be restored and no further payments will be required for hosting service. This does not dismiss payment that may still be due for the project itself. If account is canceled before domain name is transferred, the domain name will not be renewed and will be released to public availability once redemption period is over.
ESTIMATE, PAYMENT ARRANGEMENTS & REFUND POLICY
By the Client submitting their credit card authorization, Client authorizes Simply 40 to process project payments, process cancellation payments, process additional maintenance payments, or process remaining balance payments, of agreed-upon services, with the card information on file, without notice to the client.
By filling out Client’s credit card information, client authorizes Simply 40 to charge Client’s card for the services rendered throughout the project term. The Client hereby understands that Simply 40 provides a design service and that services, once rendered, cannot be refunded. Client also hereby states that he/she will not dispute the charges to their card that have been set forth in the Simply 40 Agreement or in additional invoices.
By entering into work with Simply 40, your billing information and payment serves as your “signature” to this agreement.
- The Client acknowledges that payment due upon commencement (as described elsewhere) shall be non-refundable and shall be in consideration of the initial administrative actions taken by the project manager and designer. All actions will be taken to see that any issue can be resolved. If after two rounds of revisions to any element of a Simply 40 creation, whether pre-launch or post-launch, Client has not approved said creation, Simply 40 reserves the right to terminate the project, without further obligation. And the full project balance will be due immediately.
- If Client should contract Simply 40 for further services pertaining to an additional project after the initial one is completed, an Addendum Commencement sheet will be sent to client as acknowledgment of further payment due. Simply 40 will charge, upon clients request for additional services, the payment method on file, without further written consent from client.
- Should a client do any modifications to any part of the design or development of the contracted project, either themselves or by another person/company, our agreement to provide services becomes void. Simply 40 is not responsible or held liable for any modifications done during any stage of the project or after project is completed, by persons not employed or contracted currently by Simply 40. We will immediately terminate this Agreement without further obligation and retain all payments as liquidated damages.
- In accordance with the project put in place by this agreement, Simply 40 may use 3rd party products or services. The flat rate cost of associated products or services may be separately billed to the client through or for the 3rd party. Should any monthly service charge be associated with a 3rd party, client is fully responsible for monthly charges. Simply 40 is not responsible for any 3rd party costs, cancellation fees or liability of 3rd party.
- Simply 40 is not liable for the upkeep of 3rd party products, services, plugins or software used for a client’s website. Should a 3rd party product or service become obsolete or cease updates, Simply 40 is not responsible to replace functionality or service. A new add-on will need to be purchased in order to replace current 3rd party product or services that are no longer viable.
Client agree to provide all necessary content, logos, images, data and other materials (“Content”) within 10 business days after the Acceptance Date of this Agreement. We ask that you send digital files whenever possible. Videos & audio files must be hosted on an external platform. If we determine Content delivered by you is not in usable form, additional fees may apply.
Client understand and agrees that delivery and completion of the Web Site Setup (“Launch Date”) is contingent upon their cooperation and ability to provide Content and their timely approval of work in progress (“Approvals”).
One point of contact, who is crucial to the decision making process, will consult with all required parties and report back to Simply 40 within 10 business days. After 10 days, if we have not received proper Approval from the point of contact, a fee of $10 a day will incur until proper feedback and approvals can be given.
If Simply 40 is in need of an Approval, and the Client requests revisions, said revisions are completed 7 business days from the day they are requested. However, if revisions are requested 10 days after Simply 40’s request for Approval, Client’s revisions will be moved to the bottom of our project boards and completed when that Client’s project appears at the top of our project rotation again.
You understand and agree the Monthly Fee will begin immediately, regardless of your Launch Date.
If you fail to provide all necessary Content and Approvals within 45 days after the Acceptance Date, we may terminate this Agreement without further obligation and retain all payments as liquidated damages. In addition, full project balance will be due immediately.
Simply 40 has certain guidelines that need to be followed in order to assure that we can provide the most cost effective, timely turn around, for your website. It is quite important that clients follow our procedures, otherwise, we can not offer our services at our monthly rates. It is the client’s responsibility to self-learn our procedures through our knowledge base.
We have milestone approvals in place for each phase of the project. The client must approve each phase. Once approved, no further alterations will be allowed to that phase until post launch. Failure to comply with any part of our procedures is terms for immediate termination of this Agreement, without further obligation and we shall retain all payments as liquidated damages. In addition, full project balance will be due immediately.
By requesting services from Simply 40, you are requiring us to allocate time in our schedule for your project. Your project will hold that spot and prevent us from filling that spot. Once project has commenced, if all necessary content has not been provided within 45 days, project will be closed out and any pending, full project term balance will be billed to the payment method on file. If requested, project can be resumed when Client has the ability to provide the remaining content. At which time, a project reinstatement fee will be required to resume development.
If the Client fails to make any payment for services rendered, as agreed to herein, the full website creation, including domain and server files, will remain property of Simply 40 or website will be temporarily disabled until all payments and assessed late fees are satisfied. Payments that are 30 days past due accrue a late free of $100. Payments that are 60 days past due accrue a late fee of $200. Payments that are 90 days past due will be required to pay damages fee of $500. Collection efforts will begin when the account is 10 days past due.
- E-mail/phone consultation: Simply 40 will provide a 30 minute, free consultation, via phone, email or chat to new prospective clients. Once project has begun and initial payment has been received, up to 1 hour per month communication via our internal chat messaging will be allotted in project price. Up to 2 hours total general Internet orientation, education, marketing strategy and tutoring, is included in project total. Telephone calls, Conference calls or any additional communication, outside of the allotted time per project, may incur additional charges on the package price. Additional education, general consultation, unforeseeable troubleshooting, 3rd party phone calls, or any communication needs arising, is billed at our hourly rate of $75/hour. (Which is billable at $1.25/minute)
- Unprofessional Conduct. Simply 40 reserves the right to refuse service to the Client should the Client engage in unprofessional conduct with Simply 40 or its subcontractors. Unprofessional behaviors may include but not limited to profanity, discrimination, harassment, defacing Simply 40’s reputation utilizing social media, networking or any other means, threats of slander, libel, blackmail, or unethical practice. If a client engages in any of these or other unprofessional practices, Simply 40 will halt work immediately and resolve unfinished work per the Refund Policy. Should any of these activities prove unlawful, Simply 40 will will pursue legal action to the full extent of the law.Simply 40’s Ethics & Moral Clause: We provide a service, hard work and dedication goes into everything we create. Insults, harsh words, aggression, put-downs, or otherwise rude feedback or communication will NOT be tolerated. If a professional and respectful working relationship can not be upheld, Simply 40 will immediately cancel the project, no refund will be offered on services rendered to that point and remaining balance shall be due immediately, regardless of project stage. Behavior and cancellation is completely at Simply 40’s discretion.
- For additional terms and conditions regarding weekly and monthly social media marketing, please request terms by Email.
- By engaging in any work electronically or otherwise with Simply 40, you are agreeing to these contract terms. Moving forward with Simply 40 services and/or your payment, serve as your “signature” to this contract. The Client accepts the Simply 40 Terms and Conditions as they may be included with this Agreement, or as they may be further amended, at the sole discretion of Simply 40. A complete and correct copy of Simply 40 Terms and Conditions may be found at this website (www.Simply40.com/terms), or will be provided upon request. These Terms and Conditions shall be read and interpreted by the Client himself, along with any such contract entered by Simply 40 and the Client.
- Simply 40 encourages interested users to seek outside counsel to review our terms and conditions before engaging in services with Simply 40.
- Non-registered users understand that official notices by site owner and to site owner shall be given by means of email to: Simply40WebDesign@gmail.com. Registered members (Clients) understand that official notices by site owner and to site owner shall be given through our internal chat system within Simply.com. Should Simply40.com have technical disruption, the official notices shall be given by means of email to: Simply40WebDesign@gmail.com.