Terms of Service
Ultimate Website Jumpstart Service
By making a purchase of the Jumpstart Website Service from Better Breeder Institute, LLC, hereafter “The Company,” “The Client” accepts these terms of service in full. This contract is non-cancellable by “The Client.”
“The Client” is contracting “The Company” as a provider of website services, hereafter “Deliverables,” using the Dirigible Website Builder, created by Dirigible Studio, LLC, hereafter “The Services” or “The Host.”
The Platform Services and Hosting are, as between you and Dirigible Studio, LLC “The Host”, owned by Dirigible Studio, and are protected by copyright, trade secret, trademark, and other US and foreign laws. This Agreement doesn’t grant you any right, title, or interest in the Platform Services or Hosting, others’ User Content, our trademarks, logos, or other brand features or intellectual property or trade secrets, or others’ content in the Services. You agree not to change, modify, translate, or otherwise create derivative works of the Services, Hosting, or others’ User Content.
These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools, services, and features (collectively, the “Services”) provided by Dirigible Studio.
What is included in this agreement:
Deliverables
Website Setup & Launch
- Pre-Launch Setup. This includes Site Name, Kennel Name, Breed, Registry, Logo, Header, Footer & Contact Information.
- Theme Styling. Includes font style and color palette for every site element.
- Content Framework. Includes Dog Page Template setup (registered name, dog details, content block, image gallery, health testing, Better Breeder Pedigree plugin – if selected, and more) and Dog Category Structure. Also includes Puppies, About Us & For Sale content page templates.
- Social Media Links. Site links to any social media channels.
- DNS Configuration. Connection of the Ultimate website to your owned domain name (URL).
- Google Tool Integrations. Includes Google Analytics 4 & Google Search Console.
What is NOT included in this agreement:
- Ultimate Website Subscription
- Software Purchases
- Hosting Fees
- Typeface purchases
- Additional website features or enhancements
- Content placement
- Design services
- Revisions
Total Agreement:
“The Company” will complete the website setup and launch as defined above. Additional feature or design requests must be requested via writing or email and may incur additional charges.
“The Client” understands they are solely responsible for the uploading and placement of all content to the WordPress Dirigible website beyond the assets provided prior to set-up. This includes all dog information, photography, pedigrees (names and/or files), health testing results, etc. This also includes all page content (i.e. Puppies, About Us, etc.).
“The Client” understands they must be or become proficient in executing these responsibilities using the WordPress platform. This may require utiltizing the appropriate Dirigible or Ultimate Website Resources to gain understanding of how the platform functionality works.
“The Client” understands that “The Company” is committed to completing each project promptly. “The Client” is solely responsible for uploading, placing, and organizing all content on the website. Any delays in “The Client” performing their responsibilities will delay the project’s completion. For delays beyond 12 months, “The Company” will consider the project closed. Re-opening the project will incur a $100 restart fee and will be subject to “The Company’s” production schedule availability.
“The Company” understands that “The Client” is the sole owner of the website content and does not assume any ownership rights for content or inventory.
“The Client” understands that “The Company” is the sole owner of the website design and does not assume any ownership over any web page or graphic design created for the website.
“The Client” agrees that “The Company” may feature the client’s website in their portfolio of website design projects.
“The Client” understands that “The Host” is the sole owner of the original source code, which cannot be replicated, duplicated, or resold beyond the scope of work defined above. Additionally, any licenses or software bundled within the hosting and source code are non-transferable and are the property of “The Host”.
Compensation
“The Client” agrees to compensate “The Company” for the total amount ($397 – Introductory Price) of the Ultimate Jumpstart Services. “The Client” will also need to purchase an Ultimate Website subscription prior to any work beginning on the website.
In the event “The Client” fails to adhere to the total agreement set forth, “The Company” retains the rights, but is not obligated, to pursue any or all of the following remedies:
- Terminate the Agreement
- Immediately stop all works-in-progress or remove unpaid-for material
- Bring legal action
Termination:
“The Client” understands they are unable to cancel this purchase once payment is remitted.
“The Company” reserves the right to cancel this agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record.
Legal:
“The Client” and “The Company” are independent parties, and nothing in this Agreement shall constitute either party as the employer, principal, or partner of or joint venture with the other party. Neither “The Client” nor “The Company” has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
Disclaimer of Warranties: The services provided by “The Company” are provided on an “as is” and “as available” basis, without any warranties, express or implied. “The Company” makes no representations or warranties regarding the accuracy, reliability, or completeness of any information or results obtained through the services.
Limitation of Liability: In no event shall “The Company” be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with the services, even if “The Company” has been advised of the possibility of such damages.
Hold Harmless: “The Client” agrees to hold harmless and indemnify “The Company,” its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with “The Client’s” use of the services, including but not limited to any claims related to infringement of intellectual property rights, violation of privacy rights, or breach of contract.
Indemnification: “The Client” agrees to indemnify, defend, and hold harmless “The Company,” its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with “The Client’s” use of the services or any breach of these terms of service.
Any disputes arising from this contract will be litigated or arbitrated in Green County, Wisconsin. This agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, USA. “The Client” and “The Company” hereby agree to the terms, conditions, and stipulations of this agreement on behalf of themselves or their organization or business. This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties. If any portion of the document is found invalid, the remaining provisions remain in effect.