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The following terms and conditions of use (the “Terms”) constitute an Agreement between you (the “Customer,” “User,” “You,” or “Your”) and Ecomly Ecommerce, LLC and its affiliates and subsidiaries (collectively, the “Company,” “our,” “us,” or “we”). These Terms govern your use of and access to the Service detailed below and are a legally binding agreement between You and the Company.
To use our Service, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
You understand that the technical processing and transmission of the Service, including content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not transmit any worms or viruses or any code of a destructive nature. You agree that You will not interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
The Company may monitor, terminate or suspend Your Account at any time. The Company may immediately, and without prior notice, terminate Your ability to access the Service or portions thereof for any reason including, without limitation: (i) if You violate or otherwise fail to strictly comply with any term or provision of these Terms, (ii) if we have determined that Your use has created or potentially will create risk or legal exposure for the Company, or (iii) in response to requests by law enforcement or other government agencies.
You acknowledge and agree that any termination or suspension of Your Account may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination or suspension of Your Account or access to the Service.
The Company may use third-party features and/or hosting partners to provide technology required to run the Service. You agree to indemnify, defend, and hold harmless the Company and its suppliers from any and all loss, cost, liability, and expense arising from or related to Your data, Your use of the Service, or Your violation of these terms.
This Agreement shall be effective as of the date you place an order for Services, and shall remain in force until it is terminated.
This Agreement may be terminated by either party upon thirty (30) day written notice to the other. This Agreement shall also terminate if a party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within twenty (20) days of receipt of the notice of breach. This Agreement may be terminated by Company as stated above and also (i) immediately if Customer fails to pay any fees hereunder; (ii) if Customer fails to cooperate with Company or hinders Company’s ability to perform the Services hereunder; (iii) if Customer includes in their website any adult material or material that is deemed illegal, immoral or improper in any jurisdiction; or (iv) if Customer includes in their website any material that infringes the intellectual property of any third party.
The Company’s product is a customized website configured through WordPress and Woocommerce and hosted through the Company. Upon payment of the Setup Fee we shall set up and customize the website for the Customer as per specifications. After initial customization is complete and the site has been moved to the Customer’s primary domain, the Customer shall update and manage the content of their website through their WordPress administrative dashboard. The customized website shall only be hosted on our servers and cannot be transferred to a third party hosting provider. Our company reserves the right to restrict and control the use of, and application of any 3rd party plugins or products in use on the network. The Company does not guarantee or advertise flexible 3rd party product use within site environments. All 3rd party products in use on the network are carefully reviewed for compatibility, value and usefulness. Requests for features, plugins, updates or fixes may be submitted for inquiry through company support.
For Ecomly Custom stores, the Company agrees to work with the Customer for three (3) rounds of revisions without incurring any additional fees. If the scope of the project changes, or work has to be ‘re-done’ (vendor change, or in more general terms, a substantial modification to the original agreed upon scope of the project), the Company reserves the right to charge additional fees for labor incurred as a result.
Please refer to Appendix A for a full list of work that falls outside the scope of the Company’s site setup process. Please refer to Appendix B for a schedule of labor rates.
We do not monitor the content of our Customer’s websites. However, you agree not to include in your customized website any content that infringes the intellectual property of anyone, including but not limited to copyrighted text, copyrighted images, and trademarks. Hosting includes 5Gb (megabytes) of storage space for text, documents and pictures.
Uptime checks are permitted under the following conditions:
Company will ensure 99% website uptime for a given month. Scheduled maintenance time of less than five hours each month will not be counted towards the downtime guarantee.
The Company does not provide any email hosting solution but will ensure that existing email setups are configured and functional on the completed customized website. The Company shall maintain the right to display a link, including a linked image, to our websites, including but not limited to: https://agentfire.com
The Company makes no representation or warranty that the Service or other information provided, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Service. The Service and any third-party software and services are provided “as is,” with no warranties whatsoever. The Company and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third party software or services.
You acknowledge that You will keep a backup copy of any content You upload and/or transmit through the Service and the Company will not be held liable should content be lost.
You shall not upload or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Any testimonials or examples shown through Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Service. You acknowledge that the Company has not and does not make any representations as to the future result that may be derived as a consequence of use of the Service.
Our customized online store shall only be hosted within our Company’s servers. The customer has rights to transfer a customized online store to another hosting provider, but all Ecomly licensed property will be removed. The Company shall retain all intellectual property rights in the website, including all copyrights, under all circumstances including the termination of this Agreement by either party. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement.
All data, text and images uploaded by the Customer onto the website shall remain the property of the Customer. You agree that any and all content You upload and/or transmit through the Service is lawfully owned by You. You agree that You own the copyright or have the proper permissions for all content and images You upload and/or transmit through the Service. Our Company will not be held liable for any copyright claims against your content. If you believe that material available on our Site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act (DMCA) notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.
The Company reserves the right to utilize a Theme Framework during the development of The Website. Use of a theme framework provides numerous advantages for end users, the Customer, as well as The Company. Use of a theme framework carries with it some customization limitations and The Company reserves the right to deny a request if it is not economically viable for The Customer, or The Company.
The Elementor Theme is updated regularly with product updates and new features to take advantage of, both by end users (The Customer) and by The Company. All theme updates are tested for fidelity prior to activation on the network.
Use of a framework allows The Company to customize the visual layout of a site with visual development tools users can interact with and access. Development time is shorter as a result, with a greater level of access by The Customer once work has completed.
The cost and time necessary to build entirely custom code line by line is inefficient and costly. The Company works with development tools that save time, and maximize code quality and stability. This provides cost savings that are passed on to The Client in the form of lower overall development costs when compared to traditional development.
Use of a framework allows our development staff to focus on building and delivering real estate specific features unique to the industry that focus on end user acquisition and retention. The result is delivery of an enterprise grade website that is considerably more versatile than competing platforms while continuing to offer proprietary products purpose built for real estate.
The Company agrees to work with the Customer to identify any customization requests before work commences on a site, as well as work to explore alternatives in cases where a specific request is not available. In the event that a ‘custom’ workaround is available, The Company, agrees to discuss implementation, development cost, and time frame for completion with the Customer to obtain approval before commencing work.
Due to the combination of resources required, development cost, or delivery timeframe desired, some customization requests are not possible. We cannot guarantee that there is a solution available for any given customization request
The Company warrants that its Services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any website, customized website or hosting service. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE. COMPANY DOES NOT GUARANTEE CUSTOMER’S WEBSITE PLACEMENT ON SEARCH ENGINES.
COMPANY ONLY PROVIDES A SERVICE TO ITS CUSTOMERS. ALL SOFTWARE, INFORMATION, CONTENT, MATERIAL, FILE, DATABASE, ARCHIVE, TECHNIQUE, PROGRAMS OR ANY OTHER TOOL OR DATA DEVELOPED AND USED FOR THE CREATION AND/OR USAGE OF THE CUSTOMIZED WEBSITE SERVICES AND HOSTING SERVICE OR SERVICES BELONGS SOLELY TO THE COMPANY, AND IT SHALL NOT BE TRANSFERRED TO CUSTOMERS. CUSTOMERS CAN ONLY UTILIZE THE SERVICES OF THE COMPANY IN COMPANY’S SERVERS AND WITHIN THE COMPANY’S INFRASTRUCTURE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, AGENTFIRE.COM CORP, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION.
The Site and/or Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Service. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any principles of conflicts of law. Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in New Mexico, New Mexico or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable or otherwise transferable by You. Any transfer, assignment or delegation by you is invalid.
This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms, please email: firstname.lastname@example.org
Updated: March 2021
The following is a list of work related tasks that is here to defined as ‘outside the scope’ of an Ecomly Store setup.
Site Imports or Migrations – If the client requires that an existing site or content from an existing site be migrated into the Ecomly website being created – this should be discussed / a strategy should be formulated beforehand. Some site migrations are more complicated than others and for those reasons every situation shall be treated as unique.
301 Redirects – 301 Redirects are considered Google ‘best practice’ when moving from one website host to another, and can be implemented to preserve most of the previous sites SEO while making the transition.
Extra Pages / Widgets / Sidebars / Custom Page Formatting – If the Client requires additional ‘specialty’ pages to be created and customized within the site – the Company will generally try to accommodate, however reserves the right to quote additional fees for high volume requests.
Data Entry Rate – $15/hr
Defined as manual data entry.
General Labor Rate – $25/hr
Defined as general labor that does not require knowledge of programming languages.
Landing Page Customization / Interior Page Design – $35/hr
This is our general ‘design’ rate and includes landing page customization.
Coding / Custom Work Labor Rate – $70/hr
Defined as labor that requires knowledge of programming languages.
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