Websites, Apps, PWA, Mobile Apps, Software Terms of Service Agreement "TOS" Suite 171 LLC

This link is listed in your contract - updates to your agreement are listed here.

Terms of Service Agreement "TOS" The Fine Print

First Published Date. 11, Nov, 2015 - Effective Immediately and Effective Date is Today: 09/24/22 Your IP address is: 3.235.173.74, 1

This Terms of Service Agreement (the “Agreement”) "TOS" is an agreement between you (the “User”, the "Client" ) and Suite 171 LLC. ("Suite 171", "we", or "us"). These are the standard terms and conditions for Website Maintenance, Edits, Services, Monthly Subscription Services, and Basic or Managed Hosting Services, Progressive web apps, Apps, Products or "Subscription" Plans. This new "TOS" will apply to all contracts, projects, and all work undertaken by "Suite 171 LLC" and its clients. This digital T.O.S is subject to change at any time and is a part of the signed contract. The "client" agrees to visit this link for any updates.

By agreeing to this Terms of Service Agreement, you "the Client" affirms that the contact and payment information provided to Suite 171 LLC in writing, by e-mail, by phone, or on our website (s) forms identifies you as "the Client" and that Suite 171 LLC is also authorized to use the payment method you provide. By completing our website form (s) located on suite171.com, blog, or https://blog.suite171.com/subscription/payment-basic.php you agree that your: Name, IP, Phone, Business Name, URL, and e-mail are authorized by you and you agree to pay Suite 171 LLC for any and all requests. The "Agree" checkbox is available on all website forms, your contract, and any list link above and is required that you agree to this "TOS" to receive services as stated. You also agree, the forms, contract, and the data you provide serves as a digital signature. All data will be used to collect payment for services rendered.

It is important that you review these Terms "Terms of Service" or T.O.S carefully because they document your legal rights and obligations in connection with your access to and/or use of our services, and when you access/use the services we provide, you are agreeing to comply with these Terms. If you are entering this Agreement on behalf of any other person, business or entity, you represent to Suite 171 LLC that you have the full right and authority to bind that entity stated in your Contract. This is your agreement to comply with Suite 171 LLC's general terms and conditions (referred to as these "Terms and Conditions", "Terms of Service" or these Terms of Use" and sometimes referred to as this "Agreement". Suite 171 LLC reserves the right to modify these Terms and Conditions, or T.O.S at any time, in its sole discretion, and without notice, so you should check these T.O.S / Terms for changes from time to time.

Approval Stages   Suite 171 LLC has approval stages built into every contract that covers work we do like - web design, logo design, app development, software development, and progressive web app development, and "ALL" projects. Each project must be tested and approved by the client stated in the contract before publishing on the web, online, or in an app store. Final payment for the contracted work verifies that you "the client" has fully tested and agrees it functions as outlined and agreed by Suite 171 LLC and you the "client". The "client" has 7-15 days maximum to test and report any errors or non-functioning deliverables in writing as stated in the contract. Any corrections past this time will be at an additional cost to the "client". This ensures you get what you asked for and was agreed to in the contract. In plain English: All payments for work and or services are final and will not be refunded. If you require additions and or edits past the agreed amount it will follow the same process.

  

WEBSITE MAINTENANCE AND EDITS

Website Edits & Maintenance is referred to as any and all web page updates which require our time, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization. Example: If you "the client" send us an email and ask us for edits, maintenance, and technical support that require time and you request or ask us to "check this", "look into this", "fix this", "add this", "change this one little thing", "add this one little thing", "correct this", "I'm seeing an error when xyz", or request to reset an account email password, set up new accounts etc. These are just a few examples that require our time to perform a task. Any e-mail requests that require our time (ie examples) are automatically charged to you "the client" and are non-refundable. All accounts are basic accounts unless outlined in the contract. This means you request edits from time to time and do not have a monthly maintenance plan. In addition, these are any descriptive items listed on our website forms which may also include Technical Support. Example: If you need help with e-mail then this could be listed as technical support. Rates for maintenance on websites, apps, progressive web apps, and or services provided by Suite 171 LLC are subject to change at any time.

WEBSITE HOSTING

All Basic Hosting Service or "Hosting" is our subscription plans and only a place to store files (a website or other data) on a server so that the website can be accessed over the Internet. All accounts are considered basic unless stated in your contract as "Managed". Effective from the date of the client contract for 24/months recurring. The full amount must be paid to fill the contract date. No refunds will be provided for monthly or services outlined in the "Client" contract. We do not provide individual "Client" FTP accounts, admin, or administrative accounts for basic websites for security reasons. "Managed" accounts may have access on request.

Managed Hosting Service is also defined the same but it is a managed hosting environment. Managed Hosting or Service example: We might manage or monitor some or part of Apache/PHP/MySQL, software for security, latest versions, a firewall, virus monitoring, waf, and patches. Server uptime and resources are managed and monitored. We are able to configure or manage e-mail, Name Servers, and or manage the file upload process. Dedicated Web Hosting is expensive and offers it only in special cases. Rates for hosting websites, apps, progressive web apps and or services provided by Suite 171 LLC are subject to change at any time.

PAYMENT TERMS

Payment or compensation will be payable once - as pay as you go, on a monthly recurring basis, or by quote - while this Terms of Service Agreement is in force. Quotes are sent by e-mail as a Description, Rate, and Number of Hours to complete the task. All payments are processed using Suite 171 LLC account on Stripe.com and are non-refundable. We reserve the right to change our Terms of Service Agreement, fees, and prices at any time, for any reason or no reason. We reserve the right to increase or decrease the number of resources given to plans or subscriptions at any time, for any reason or no reason. In the event of any price, fee or allocated resource change Notice of any such change shall be considered given and effective on the date that such change is posted to this Website. We will use the e-mail you provide to send any receipts or notices for services. You agree to the change if you continue to use the service after the effective date of the change. A commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

Payment Details. Recurring charges are billed in advance of service. Subscriber agrees to provide "Suite 171 LLC", with valid, up-to-date, and complete debit/credit card, contact, and billing details. Subscriber further authorizes the "Suite 171 LLC", to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that "Suite 171 LLC", may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to "Suite 171 LLC",. "Suite 171 LLC", may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the "Suite 171 LLC", for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.

a. Subscriptions - A Subscriber is also referred as a "Client" using a monthly subscription service for 24 months recurring subscription time. The subscription time is listed in the clients contract as 24/mo. A client may cancel a subscription on the 11th month or 23rd month (in writing) within 30/days notice from when the client signed dated the contract and this T.O.S agreement. A client requesting to cancel before the subscription expiration date listed in the contract - must buy out the remainder of the agreed contract.

b. Pay as you go services do not include an annual service contract and must be paid to Suite 171 LLC on the spot. Website maintenance, edits, technical support, and updates are provided on a pay-as-you-go basis. There are no contracts, only reliable and affordable service executed in a timely manner. We charge $125 per hour for software, app development, (PWA) progressive web app, and $75/ website design and bill in increments of 60 minutes. Payments will be processed using stripe.com as "Suite 171" our payment processor. We reserve the right not to commence any work until the deposit or request has been paid in full. Pay as you go services and down payments and final payments are paid once and are not refundable for any reason. Subscription monthly rates outlined in the contract are non-refundable. Rates for subscription services and rates provided by Suite 171 LLC are subject to change at any time.

TERMINATION

Termination for non payment: Any account Past Due may be terminated for non-payment of services, at any time for any reason. In the case of an account being terminated all files and email will be removed from the server and may not be retrievable from a backup. Abandoned projects will be termininated see "Development Dev Servers" below. Termination for any or all services is/are non-refundable.

REFUNDS

All services provided are non-refundable. This means hourly website edits, subscriptions, maintenance, hosting, technical support, or change orders to "deliverables" will not be refundable. Monthly Subscription "Hosting", "Maintenance", "Backups", "Security Updates" are for a 24/ month time frame, No refunds will be provided.

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our service including but not limited to the purchase of WordPress themes, WordPress plugins, SSL certificates, templates, third party software, e-mail, stock photographs, fonts, domain name registration, renewals, web hosting, edits, website maintenance, backups, deliverables - change orders, or comparable expenses.

AUTO-RENEWAL

All monthly subscription services are set to auto-renew in which the "Client" will agree to the same terms for a consecutive 24-month timeframe unless the "Client" requests in writing to cancel 30 days prior to the expiration date. The contract date is the date the client signs and dates the contract to enter into the contract and this T.O.S Terms of Service agreement. All accounts are 24-month recurring subscription accounts. Subscriptions on contracts must be paid in full for the stated time.

BACKUP SERVICE

You must request and sign up for this monthly "Backup" subscription as a service and is separate from any subscription hosting charges. Backup file services are monthly services in place that act as preventive measures so we are able to recover your website and its contents. This service is not a digital transfer of files to "the Client" and only acts as a placeholder or last known reference in case your website goes down, breaks, accidentally overwritten, is hacked or compromised in a way that it "the website" does not function. Example: If your website is hacked and you are paying for our Backup Services we should be able to recover or restore your website from the "backed up" version within a few hours... If you are not using this service, it might take 8 to 16 hours to recover a website. It just depends on the reason it's down.

Disclaimer: Backups do not fix or update underlying issues, security issues, plugins, WordPress core "software" issues, third-party software, or theme issues.

BACKUPS

You are responsible for maintaining your own backups with respect to your website or files unless we both agree in writing we "Suite 171" are providing this as a service to you "the client" in your contract. "Suite 171" will not be liable for your website and or content, restoring any client data or client websites. Requests for "Backups" will be at a flat rate $600 unless you have requested a monthly plan for Suite 171 to do monthly backups at $179/mo. Basic websites under $2500 we will not backup unless you have a monthly plan agreement. If requested to do any backups the file sets or groups of files will only be saved for 1 month. WordPress file backups only apply to that specific core version.

PASSWORDS

You must keep your account password safe and secure. If you don't keep your password safe, you might just get hacked. You the "Client" is solely responsible for maintaining the confidentiality and security of the passwords used to access your website or other third-party software. We will not be liable for any breach of security or hack relating to any and all user names and passwords you use or e-mail Suite 171 LLC. It's best to change your account passwords every 3-6 months.

HACK POLICY

Hacked websites or malicious attacks are caused by malicious end users and are Not something within in our control. We make no guarantee that your services, website, or software is hack-proof or recoverable. You agree Suite 171 LLC will NOT be held liable for a User Account or "Client" hacked personal, business website, basic hosting or managed hosting. You "the Client" will hold Suite 171 Harmless from any damages that may arise from such an event. Suite 171 LLC will NOT be liable for, loss of business, loss of data, images, photos, content, source code and or any software pertaining to any part of your "Client" website, domain name, e-mail and it's data. If a site has been hacked or found to contain malicious code it will be immediately suspended until such vulnerability has been dealt with. Websites that have been hacked CANNOT be updated UNTIL the vulnerability has been identified and preventive measures put in place. It will be your full responsibility to pay for any and all website recovery, file recovery, backup requests, and services that arise from a hacked website or account.

a. WORDPRESS

WordPress users are liable for any and all WordPress core software updates, plugins, themes, widgets, comment spam, malicious links, and must be updated to the latest version available to prevent hacks. You "the Client" agree to NOT use any outdated or unsupported plugins, widgets, or software. If your website is hacked or compromised by outdated plugins or software found on your account you may also be liable for other websites affected by this hack. You will be responsible for the recovery of any and all affected websites. We will not be liable for WordPress software as its third party software and do not guarantee any part of its source code, functionality, compatibility, or connectivity. Don't say we didn't warn you.

WordPress is third-party software that requires updates. Updates include all the core files used to run WordPress. We "Our Company" do not set or know when WordPress will publish a new version of their software. Our company is will not be liable for third-party compatibility with your website theme or when the code has errors based on "WordPress" software core and plugin updates. Some 3rd party updates like WordPress core, Plugins, Security, PHP code can be performed by clicking a button, adding a file, or following specific 3rd party instructions to "Update" each, but we do not guarantee that their "Update" will not break one part vs another part of your website and how it functions on the Internet as a Website or Service. If we are tasked to "Update" 3rd party software like WordPress core, Plugins, and PHP security versions will not guarantee the "Update" will not break part of your website. Once we "Update" third-party software and something breaks the fix or time it takes to fix that part of your website or service will be at an additional cost to you "the client".

Security Updates and Plugins - Third-party updates are sent via the e-mail we have on file for each client. These Notices are updates to 3rd party software such as WordPress Core Versions, Any and all Plugin Versions, and or Themes related to WordPress. These updates fix known issues, security loopholes, and or 3rd party updates that help keep your website as secure as possible. The or WordPress core, Security Updates, or version updates do not include any updates to modify your current theme compatibility, design source code, and or front-facing website or Progressive Web App. In some cases, the backend updates may break the front-facing website or PWA. In the event the website or PWA is not working there would be an additional charge to bring it up to date. Any similar phone versioning App (PWA) WordPress backend or forward-facing related updates would also be at an additional charge. The client should/must check each above-mentioned update as we do not monitor the published (online version) of each and every published website, App, or Progressive Web App.   

You, the "Client" agrees that Suite 171 LLC will be authorized to upgrade all account subscriptions, Security Updates, Plugins, API subscriptions to the latest versions of all applications related to your account at any time. Suite 171 LLC will notify the account holder by e-mail of a Security Update, Core Updates, Plugin Updates, API updates. Any updates related to your service are available 3rd party release of the description e-mailed Services that contains functional enhancements and extensions, fixes for high severity and high priority bugs. These updates are considered website maintenance and or edits and these updates are not optional as they keep your account and other accounts secure.

We recommend only using 6-7 plugins or as few as possible. *Do not use or "Blacklisted plugins": Media Temple Godaddy

Bandwidth Usage

Bandwidth is measured by the data transfer rate, and by your total usage. You can only use so much at a time (right away), and you can only use so much per month total. If you download a 20MB file, you've used 20MB of bandwidth.

Hosted data examples: Media Temple https://mediatemple.net/community/products/grid/204404104/understanding-the-gpu-tool

WordPress - The typical client uses approximately 1GB of Bandwidth OR 3.3 GPU's average (GPU's) data for a single WordPress installation. In general - This includes about 4 GB of space usage and normally has many posts, images, and other media files. The easiest ways to reduce CPU include eliminating high CPU plugins, upgrading to the latest PHP version, configuring a good cache plugin with optimal settings, and using a CDN. High GPU's are caused by scripting problems or by substantial traffic surges. While the Grid is designed to handle major traffic surges with minimal issue, script-heavy, database-driven websites will almost certainly use more GPUs than simple, static HTML pages. GPU's or "Client" Bandwidth exceeding standard use will be subject to additional cost in a monthly billing cycle will incur an overage fee of 10¢ per GPU. Rates for bandwidth usage services provided by Suite 171 LLC are subject to change at any time.

b. SOFTWARE VERSIONS

Any disruption to the function of the "Suite 171" web servers or breaches of security due to your "Hosted" insecure scripts will be cause for immediate quarantine, suspension, or termination of your "Hosting" account. Neglected code or scripts used in the website "Hosting" account put your website security and other clients' accounts at risk. Severely outdated software, WordPress versions, plugins, files, themes, code, or neglected accounts will be subject to immediate quarantine, suspension, or termination of your account without notice, for no reason. We are not liable for third party like WordPress, other software, WordPress versions, plugins, files, themes, code, or neglected accounts. Third-party software like WordPress, WordPress plugins, PHP versioning, software versions, browser security versions, browser updates, and security updates are all developed to keep the web safe. We do not guarantee 3rd party software updates like these keep you automatically in compliance and "Any" could break part of your website or cause unforeseen issues. Any and all issues to remedy, fix, or update your current service will be at our normal rate as we do not guarantee 3rd party issues, future updates, and or new security protocol(s) are not set by our company they are in place to keep the web save. We don't make the Internet rules we just follow the rules. Your website and service must also be compliant. You agree to follow the rules.

QUARANTINE

Third-party applications or software security is outside the scope of work/services provided by Suite 171 LLC. This means if you use or elect to use, install, or access any third party software we will not be held liable for your website's uptime, files, content, data, e-mail, or source code. If your website or its source code has been compromised in any way shape or form we will quarantine your entire website. This means we will remove it from our servers until it can be fixed by a professional. Under no circumstances will we access these files unless they have been fully scanned, fixed, and or cleaned. This also means we will not transmit these "website" files "digital files" via e-mail, thumb drive, storage device, .zip or send the quarantined files that may infect other Internet users. This will be charged at an hourly rate.

SEARCH ENGINES

We do not guarantee "Placement" any specific position in search engine results pages for your website. We perform basic and advanced search engine optimization SEO according to current best practices.

EDITING

Website content management system CMS is defined as a web application that make it easy for non-technical users to manage a website's content. This means you will have the ability to add, edit, and delete "the non-technical code stuff" like - pages, content, text or copy, upload images, links, or photos at any time via one "Editor" or user-level account. All file size limits and types are set for security reasons.

Development "Dev" Servers, Sandbox, or Staging Area

Suite 171 LLC uses website development areas or "dev" servers for some completed projects that "clients" can/are using to add text, images, content, data, or product information to their website project. "This is just a 30/day temporary placeholder - a space to do just that." Suite 171 LLC will consider this or any project to be abandoned unless the client has made arrangements in writing. Abandoned projects on development areas "Dev" Servers are non-refundable. A "this" development area or "dev" servers is only a 30/day temporary placeholder for the client to make edits to their project, a website, an ecommerce website, or web based application. If the client exceeds the 30/day maximum they will be liable and may be charged for hosting their project, website or application at $47/mo plus any bandwidth, server space, or bandwidt overages used. Suite 171 LLC will not be liable for projects abandoned past this 30/day temporary time. This includes modifications, storage, maintenance, backups, upkeep, code updates, outdated code, server updates, outages, hacks, or any damages to the project. Any abandoned client project on a development server past 30/days time is a security risk and may/will be deleted and non-recoverable as we do not provide backups. Suite 171 LLC will not be liable for abandoned projects.

Any "ALL" technical edits involving source code, JavaScript, .js, .php, .asp, MySql, .css, .htaccess, html, html5, or databases are defined as advanced or "technical" development and must only be edited by our expert developers.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply you with account credentials for domain name registration and/or "Dedicated Web Hosting" that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Credentials for "Basic Hosting" or "Managed Hosting" ftp are not supplied or supported and will not be provided to "Clients" as we do not use "dedicated website hosting or servers" for any client's website. Dedicated hosting "Servers" are expensive and are ONLY provided by special request of the client and must be purchased individually.

GOVERNING LAW

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted.

DISPUTE RESOLUTION

In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the state of which we are registered. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within FL State.

COPYRIGHTS AND TRADEMARKS

The Client unconditionally guarantees that any elements of copy, graphics, photos, photography, designs, trademarks, or other artwork furnished to Suite 171 LLC for inclusion in the 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, indemnify and defend Suite 171 LLC and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. If Suite 171 LLC provides an administrative area, source code, interface or control panel, non-custom website or design work, or proprietary technology it’s owned by Suite 171 LLC and must be a hosted solution. Any proprietary administrative area, source code, interface or control panel, non-custom website or design work, and or technology programmed by Suite 171 LLC, is not, and will not be transferable to any ISP or hosting account provider/service outside Suite 171 LLC, and may be used again for the same function. All Suite 171 photography used for a website must only be used for the web and must contain its original copyright, metadata, and is authorized to use for the website intended. All photography is owned and copyrighted works by Suite 171 LLC unless a signed release form is provided. Contract terms and copyright ownership are/may be subject to full payment and in some cases start and end date of signed contracts. In plain English - If you don't pay for the product or service contract in full then you do not own it.

READ AND UNDERSTAND

Each Party acknowledges that it has read and understands this Terms of Service Agreement "T.O.S" and agrees to be bound by its terms and conditions and contract. This "TOS" is an addition to any and all "TOS" agreements and will serve as a change to any/all "Client" Agreements. Updates or changes. It will be the responsibility of the "Client" to review our website for T.O.S. changes. That's this T.O.S link.