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This Agreement between Yottadesign (“Company”) and you (“Client”) takes effect upon your electronic acceptance and governs the services you purchase or access through yottadesign.com (the “Site”). Specific agreements for individual services (“Service Agreements”) supplement this Agreement and take precedence in case of conflict.

Definitions:

  • Change Orders: Authorize changes to services, fees, or timelines.
  • Fees: Monies owed to Yottadesign for specific services.
  • Fee Schedule: Published service prices, subject to change by Yottadesign.
  • International Customers: Clients outside the U.S.
  • Laws: Applicable U.S., state, local, your country’s, and its subdivisions’ laws.
  • Parties: Yottadesign and you.
  • Payment Account: Your credit card for service payments. Yottadesign may change payment methods without notice. Third-party payment terms apply.
  • Services: Services bought or accessed on the Site, provided by Yottadesign or its affiliates.
  • Service Agreements: Specific agreements for your services.
  • Site: yottadesign.com.
  • Yottadesign: Yottadesign, LLC.
  • You/Your: Yourself and any related entities.
  • Your Services: The specific services you’ve contracted, with limitations, specifications, and fees as agreed upon.

Term and Termination

Subscription Types and Payment:

  • Month-to-Month Services: These services last for one month and automatically renew each month. Fees for these services are non-refundable and due in full upfront for the entire month.
  • Year-to-Year Packages: These packages last for one year and automatically renew each year. Fees for these packages are non-refundable and due in full upfront for the entire year.
  • Minimum Term Contract Packages: These packages have an initial term longer than one month and specific minimum term requirements. Billing for the minimum term contracts could be on a monthly or yearly basis and is specified in the contract. After the initial term, they renew monthly. Fees for these packages are non-refundable and due in full upfront. Example: Minimum Term Contract for 18 months billed monthly. After 18 months, monthly renewals begin.

Cancellation and Fees:

  • You can cancel month-to-month or year-to-year services at any time without penalties or refunds.
  • Cancelling Minimum Term Contract Packages before the term ends results in no refund. You authorize Yottadesign to charge your payment method for the remaining fees.

Automatic Renewal:

  • All services automatically renew at the end of their term.
  • Renewal prices may differ from the original term’s price.
  • To prevent automatic renewal, you must cancel the service before its term ends.

Termination:

  • Either party can terminate this Agreement with 30 days’ written notice.
  • You can terminate your account by notifying Yottadesign.
  • Yottadesign can immediately terminate without notice if:
    • You violate the Agreement
    • Your payment is refused or unauthorized
    • Payment is over 15 days late

Fees

Fee Schedule and Payment:

  • Service fees follow the Fee Schedule. By signing up, you authorize Yottadesign to charge your payment method for these fees.
  • Fees are due in advance, by the first of each month.

Changes and Payment Methods:

  • You can request service changes before completion, but Yottadesign can decline.
  • All fees are in U.S. dollars and charged to your payment method unless specified otherwise.
  • You authorize automatic charges for renewals, extra services, fees, and taxes.
  • If your payment fails, you must pay upon Yottadesign’s request.
  • Yottadesign might use services to update your payment info, and you’re responsible for keeping it current.

Promotions, Collections, and International Customers:

  • Special offers might have different terms than your regular agreement.
  • You’ll pay collection costs, including legal fees, if needed.
  • International customers cover currency exchange risks and fees. Some services might require payment confirmation.

Refunds and Price Changes:

  • Service fees are non-refundable at purchase, though Yottadesign may issue refunds at its discretion.
  • Yottadesign can change prices anytime, either by posting online or notifying you via email. Price changes apply upon renewal for existing services.

Ownership and Rights

  • Work Product: You own all work produced by Yottadesign during the services.

Conduct and Responsibilities

  • Compliance: Your use of the Site and services, including submitted materials (“Input Material”), must comply with this Agreement and laws.
  • Prohibited Activities: You won’t engage in false, abusive, fraudulent, illegal, harmful, or infringing activities, nor disrupt the Site or Services.
  • Input Material: You own the Input Material and confirm it’s legal, accurate, and doesn’t violate any rights. Yottadesign can reject unsuitable material.
  • Yottadesign’s Rights: Yottadesign can reject or remove Input Material if it might violate this Agreement or laws. Yottadesign can refuse service, showcase your website as an example, link to Yottadesign.com from your website, credit Yottadesign for the work done, and needs site access to deliver the services.

Confidentiality, Trademarks, and Copyrights

  • Confidentiality: You’ll keep Yottadesign’s confidential information secret.
  • Trademarks: Yottadesign and its partners own their trademarks. You can’t use them without permission.
  • Copyrights: Yottadesign owns the site content and you own your Input Material.

Third-Party Links and No Warranties

  • Third-Party Links: Yottadesign isn’t responsible for content on linked websites.
  • No Warranties: Services are provided “as is” without guarantees of any kind. Yottadesign isn’t liable for service interruptions, errors, results, or harmful content.

Yottadesign’s Limited Liability and Your Indemnification

  • Limited Liability: Yottadesign’s liability is limited to the lesser of total fees paid in the past six months or $100.
  • Indemnification: You’ll protect Yottadesign from claims arising from your use of the Site or services, violation of this Agreement, or infringement of rights.

Additional Terms

  • Service Changes: Yottadesign can change or stop services without notice.
  • No Partnership: This isn’t a partnership; it’s a service agreement.
  • No Success Guarantee: Yottadesign doesn’t guarantee success, profitability, or compliance.
  • No SEO Guarantee: Yottadesign doesn’t guarantee SEO results. Many variables are out of Yottadesign’s control. The service is provided on a best-effort basis.
  • Non-Exclusive Services: Yottadesign can offer similar services to others.
  • No Editorial Liability: Yottadesign isn’t liable for any content on your website.
  • Privacy: Yottadesign respects your privacy but may monitor accounts for legal reasons. International data transfers apply.
  • Severability: If a provision is invalid, the rest remain in effect.
  • Non-Enforcement/Waiver: Not enforcing a term doesn’t mean waiving it.
  • Notices: Yottadesign may notify you via email.
  • Force Majeure: Unforeseeable events can allow termination without liability.
  • Assignment: You can’t assign this Agreement without consent.
  • Arbitration: Disputes are settled via binding arbitration, except for specific cases.
  • Governing Law: Commonwealth of Virginia in the United States of America law applies.
  • Entire Agreement: This is the whole agreement, and changes require Yottadesign’s written approval.
  • Modifications: Yottadesign can change this Agreement by posting online.
  • Statute of Limitations: Claims must be filed within one year.