RJP.design Subscription Terms of Service
These Subscription Terms of Service (“Terms”) form a legally binding agreement between you (“Subscriber,” “Client,” or “Customer”) and RJP.design (“Company,” “we,” or “us”). By subscribing to our digital marketing and web design services, you agree to these Terms.
1. Overview
RJP.design offers ongoing web design and marketing services through a subscription model. This model is designed to provide continuous support, updates, and improvements to your online presence without the hassle of managing everything yourself. Your subscription includes access to a dedicated team, concierge support, and regular updates to keep your business running smoothly.
2. Term
Your subscription starts on the date you sign up and can be either on a month-to-month or annual basis, depending on your choice. If you choose an annual subscription, the terms will be annual, and you’ll benefit from consistency and added savings.
3. What’s Included
Depending on your subscription plan, you’ll receive the following services:
Website Design & Updates: We’ll create and continuously improve your website per your requests, ensuring it stays fresh and relevant. Think of it as an evolving masterpiece, constantly being refined.
SEO & Marketing: We’ll handle your SEO, content updates, and marketing strategies to keep your online presence strong and visible.
Revision Time: Depending on your plan, you’ll get 1-1 time with us each month for revisions, feedback, and deeper discussions about your site.
Concierge Support: Enjoy a hands-off experience as we take care of the heavy lifting. Communication will be via email and live chat for timely responses and support.
4. Ownership & Licensing
Licensing Model: Your website is licensed via our platform, meaning you have access to and can use your website as long as your subscription is active. If you cancel your subscription, you’ll lose access to your website and all associated assets. Alternatively, you can choose to buy out your assets for the equivalent of 8 months of service, granting you full ownership.
Showcase Rights: We reserve the right to showcase the completed work on our website and in promotional materials, including case studies, testimonials, and marketing campaigns.
5. Fees & Payment
Monthly or Annual Subscription Fee: Your fee covers all the services included in your plan. This fee will be automatically billed to your credit card each month or annually, depending on your selected subscription term.
Setup Fee: A one-time setup fee is charged when you start your subscription. This fee helps cover the initial build and setup of your website.
Additional Services: Need something beyond your plan? We offer additional services for a fee, which we’ll agree on before starting any extra work.
6. Cancellation & Early Termination
Cancellation: You can cancel your subscription with 30 days’ notice. Once you cancel, your service will continue until the end of the billing cycle, and no further payments will be charged. If you choose to cancel before the annual term ends, we’ll work with you to ensure a smooth transition, but outstanding payments for the current billing cycle will still be due.
7. Billing Information
Accurate Information: The Client agrees to provide accurate and complete billing information, including valid credit card information, full name, address, and telephone number. It is the Client’s responsibility to notify the Company of any changes in billing information within 10 days of the change.
Credit Card Payment and Non-payment: If, for any reason, the Client’s credit card company refuses to pay the amount billed for the service, the Company may, at its option, suspend or terminate the Client’s subscription to the service and require the Client to pay the overdue amount by alternative means acceptable to the Company. Reinstatement of suspended or terminated accounts may be subject to additional fees.
Accrual of Charges: The Client acknowledges that until the subscription to the service is terminated, charges for the service will continue to accrue, regardless of whether the Client actively uses the service or not.
8. Timelines & Flexibility
Estimated Timelines: We’ll provide you with estimated timelines for completing specific projects or updates. While we aim to stick to these, we appreciate your understanding if things shift due to demand or unforeseen circumstances.
Collaboration: Your timely feedback and collaboration are key to keeping things on track. We’ll do our best to communicate any delays or changes promptly.
9. Indemnification
Client Indemnification: You agree to indemnify, defend, and hold harmless RJP.design and its employees, contractors, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from your breach of these Terms, your misuse of the services, or any materials you provide that infringe on the rights of third parties.
Company Indemnification: We agree to indemnify, defend, and hold you harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from our breach of these Terms, or from our infringement of third-party rights in the course of providing services to you.
10. Limitation of Liability
No Indirect Damages: In no event will either party be liable for any indirect, special, incidental, consequential, or punitive damages (including lost profits, business interruptions, or loss of data), even if informed of the possibility of such damages.
No Guarantee of Results: While we strive to deliver outstanding results, we do not guarantee specific outcomes, such as increased traffic, sales, or rankings. Our liability is limited to the services we directly provide.
11. Warranties & Disclaimers
Service Performance: We guarantee our work will meet industry standards, but please understand that no service can be 100% bug-free. We’ll fix any issues within 30 days of completion, no charge.
Disclaimers: We do not warrant that your website will be completely error-free, uninterrupted, or immune from vulnerabilities. We also do not guarantee compliance with any specific cybersecurity requirements unless expressly agreed upon in writing.
12. Confidentiality & Data Security
We take your privacy seriously. Any information you share with us is confidential and will only be used to provide the best service possible. We won’t share your data with third parties without your consent, except as required by law.
13. General Provisions
Entire Agreement: These Terms, along with any specific agreements related to your subscription plan, represent our entire understanding. Any changes to this agreement must be in writing and signed by both parties.
Modifications to Agreement: Modifications and amendments to this Agreement, including any Exhibits or Specifications attached hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
No Assignment: Developer may not assign its rights or obligations under this Agreement, either in whole or in part, without the prior written consent of the Customer. Any attempt to do so shall be void and of no effect. Notwithstanding the foregoing, Developer shall be permitted to subcontract its obligations hereunder. Customer shall be permitted to assign its rights and subcontract its obligations hereunder.
Waiver: No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. A waiver by either of the parties of any of the covenants, conditions, or agreements to be performed by the other hereunder shall not be construed to be a waiver of any succeeding breach thereof.
No Duty to Investigate: Neither party shall have an affirmative duty to investigate any fact relevant to any representation or warranty made by the other party to this Agreement.
Force Majeure: Neither party shall be liable for delay or failure in the performance of its obligations hereunder if such delay or failure arises from the occurrence of events beyond the reasonable control of such party, which events could not have been prevented by the exercise of due care and could not have been foreseen at the time of entering into this Agreement, such as fire, explosion, flood, storm, labor strikes, acts of God, war, embargo, riot, or the intervention of any governmental authority; provided that the party suffering the delay or failure immediately notifies the other party of the reason for the delay or failure and acts diligently to remedy the cause of such delay or failure. Notwithstanding the foregoing, any delay or failure exceeding thirty (30) days shall be grounds for termination by the non-defaulting party.
Notices: Any notice required or permitted under this Agreement shall be in writing and shall be delivered personally against receipt; or by registered or certified mail, return receipt requested, postage prepaid; or sent by Federal Express or other recognized overnight courier service; and addressed to the party to be notified at its address set forth below or to such other address of which the parties may have given notice in accordance with this paragraph.
Severability: If any provision of this Agreement is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms.
14. Independent Contractor
RJP.design operates as an independent contractor. We handle your web design and marketing needs, but we’re not your employees, and we can’t bind you to any contracts with third parties.
15. Legal Expenses
In the event that legal action is necessary to collect on overdue balances, the Client agrees to reimburse the Company for all expenses incurred, including but not limited to attorney fees and other legal expenses, associated with the recovery of sums due.
16. Notices
All official notices will be sent via email or live chat. Please make sure we have your current contact information so we can stay in touch.
17. Changes to Terms
RJP.design reserves the right to modify or update these Terms of Service at any time. As a subscription-based service, it is your responsibility to review these terms periodically to stay informed of any changes. We will notify you of significant changes via email or through our communication channels. Continued use of the services after any modifications to the Terms constitutes your acceptance of the updated terms.
