Terms of Service: Personal Website Support

By making a purchase of a Personal Website Support Package 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 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 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 

Personal Website Support of your Ultimate Breeder Website

• Website Design. Updates to site design, functionality, page layouts, font and color palette updates, new categories, add forms, and more.
• Content Updates. Add new Dog pages, photography, litter updates, articles, critiques, shopping pages, blog pages, show results, and more.
• Pedigree Development. Better Breeder Pedigree Database install & setup, database expansion & on-page pedigree generation.
• File Uploads. Add additional Images, PDFs, pedigrees, etc.
• Technical Support. We’ll handle any technical task that goes beyond your interest or ability.

What is NOT included in this agreement:

1. Ultimate Website Subscription
2. Software Purchases
3. Hosting Fees
4. Typeface purchases

Total Agreement:

“The Company” will provide website support (“The Deliverables”) as defined above, up to the amount of purchased service hours.

“The Client” understands the Personal Website Support service offering is only for clients on the Ultimate Breeder Website (DIY, Jumpstart, or Turnkey level), built on the Dirigible platform. “The Company” does not support other website platforms, including other WordPress websites.

“The Client” understands they are responsible for providing all necessary assets and instructions prior to work beginning. All work is subject to “The Company’s” production schedule availability. “The Company” will make every effort to complete “The Deliverables” in a prompt and timely manner, but “The Client” will allow up to 30 days for work completion.

“The Client” understands that each engagement with the Better Breeder Institute’s Website Design Team will be charged a minimum of one hour against “The Client’s” purchased hour package. “The Client” is encouraged to batch website updates together for the most efficient use of their package hours.

“The Client” will initiate engagements by contacting “The Company” via email at: ultimate@betterbreeder.org, detailing the type and nature of support requested.

“The Client” understands that purchased hour packages expire 12 months after the date of purchase. Unused hours are not able to be rolled over to future package purchases. “The Company” reserves the right to increase their agency labor rate in the future.

“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” according to the package level purchased:

• Bronze: $300 (4 labor hours)
• Silver: $600 (8 labor hours)
• Gold: $900 (12 labor hours)

“The Client” will need to purchase an Ultimate Website subscription prior to any Personal Website Support purchase.

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:

1. Terminate the Agreement
2. Immediately stop all works-in-progress or remove unpaid-for material
3. 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.