Terms & Conditions

Master Terms and Conditions

These Master Terms & Conditions (“Terms”):

  • (a) Are incorporated into and form part of each service agreement, proposal, and statement of work (each, a “Service Agreement”) between TINYBLUE LLC, an Arizona limited liability company doing business as WebsiteSteward (“we,” “us,” “our,” “WebsiteSteward” or “WebsiteSteward.com”), and its customer (“Customer” or “you”).
  • (b) Apply to all services provided by WebsiteSteward (collectively, the “Services”). Any capitalized terms not defined herein shall have the meanings ascribed in the applicable Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the terms of the Service Agreement shall prevail. Specific Terms may apply only to certain types of Services.
  • Last Updated: May 18, 2024

Scope of Services:

WebsiteSteward will perform the Services described in the applicable Quote (“Services”) as per the Service Agreement. If the scope of Services needs to change, both parties will negotiate in good faith regarding a change order. Customer has seven (7) days to accept a proposed change order; otherwise, a new change order will be required. No change order is binding unless accepted by the Customer.

Types of Services

WebsiteSteward offers services such as website maintenance, development, hosting management, website consultation, website optimization, analytics and SEO consultation, and related website services as part of our Holistic Website Care℠ Framework and Holistic Website Tune-Up℠ Program.

Hosting Management

WebsiteSteward manages the relationship between Customer’s website and the hosting company. Services are subject to these Terms, WebsiteSteward’s Acceptable Use Policy (AUP), and the hosting provider’s terms. Bandwidth speed may vary, and WebsiteSteward is not responsible for third-party networks or facilities needed to host a site.

Hosting Service Level Agreement (SLA)

WebsiteSteward and its service vendors will take commercially reasonable measures to protect Customer’s website and email from unscheduled outages. Unplanned service interruptions may occur and do not constitute a default by WebsiteSteward, but a one-month credit may be requested within thirty (30) days of an interruption. This credit is the sole remedy for service interruptions.

Third-Party Services

WebsiteSteward incorporates Third-Party Vendor services, governed by the Third-Party Vendors’ terms. If any Service with WebsiteSteward is canceled, third-party services may not transfer without a separate agreement with the vendor. Customer has thirty (30) days to dispute charges on any report or invoice; otherwise, charges are deemed correct.

Service Fees

Service fees are specified in the applicable Service Agreement and are billed in U.S. Dollars.

Recurring Charges

Recurring charges are due on the invoice date and may change with ten (10) days prior notice. Invoices are sent via email, and Customer has thirty (30) days to dispute an invoice; otherwise, it is deemed correct.

Payment Authorization

If Customer provides banking or credit card details, they authorize WebsiteSteward to debit the account(s) for all due amounts. If payment via credit card fails, Customer has thirty (30) days to provide a new payment method before services are canceled.

Payment Processing Fees

A three percent (3%) surcharge is applied to credit card transactions. Payments by check or EFT are not subject to the surcharge.

Insufficient Funds and Failed Payments

A Returned Payment Fee of Thirty-Five Dollars ($35.00) is charged for any check or EFT payment returned by Customer’s bank. Future services may require certified funds.

Refunds

Refunds for services not yet provided or completed are available if canceled within the refund period specified in the Service Agreement. EU and UK customers have fourteen (14) days from the date of acceptance to request a refund.

Taxes

Customer is responsible for paying all applicable taxes related to the Services.

Late Payments

Late payments incur interest at one and one-half percent (1.5%) per month or the maximum legal rate, whichever is lower.

Equipment

Customer is responsible for acquiring and maintaining any additional equipment required to use the Services.

Resale of Service

Customer may not resell any portion of the Services without WebsiteSteward’s prior written permission.

Rights to Work Product

Upon full payment, WebsiteSteward assigns to Customer all rights to the Work Product created under the Service Agreement.

Elements

WebsiteSteward retains ownership of its pre-existing technology and any improvements or new tools developed. Customer receives a license to use these Elements with the Work Product upon full payment.

Third-Party Materials

Use of Third-Party Materials is subject to the applicable third-party terms and licenses.

Default

If Customer fails to comply with any material provision, WebsiteSteward may suspend Services after ten (10) days’ notice. If not cured within thirty (30) days, WebsiteSteward may terminate the Service Agreement.

Early Termination

Either party may terminate the Service Agreement with thirty (30) days’ written notice. WebsiteSteward may delete any of Customer’s archived data upon termination.

Limitation of Liability

Neither party is liable for any indirect, special, or consequential damages. WebsiteSteward’s aggregate liability is limited to the fees paid by Customer for the Services.

Disclaimer of Warranties

WebsiteSteward disclaims all warranties, including merchantability and fitness for a particular purpose. No warranty is provided for third-party products or services.

Customer Representations

Customer warrants that all materials provided to WebsiteSteward are owned by Customer or used with permission.

Indemnity

Customer shall indemnify WebsiteSteward against any claims arising from Customer’s use of the Services.

Headings

Section headings are for reference only and do not affect the Terms’ interpretation.

Force Majeure

Neither party is liable for delays or failures due to causes beyond their reasonable control.

Choice of Laws

This Agreement will be governed and interpreted by the laws of the State of Arizona and the county of Pinal, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.

Dispute Resolution

Purpose: This section outlines the process for resolving any disputes or disagreements between the client and WebsiteSteward in a manner that aims to save time and resources for both parties.

Process:

  1. Initial Resolution Attempt In the event of a dispute, the client is encouraged to contact WebsiteSteward’s customer support team to discuss the issue. WebsiteSteward is committed to addressing and resolving complaints effectively and expediently. Clients should email [email protected] or use the contact form on our website to submit their concerns.
  2. Mediation If the initial resolution attempt does not resolve the issue to the satisfaction of both parties, either party may request that the dispute be moved to mediation. Mediation will be conducted by a neutral third-party mediator from the American Arbitration Association agreed upon by both parties. Each party will bear their own costs in connection with the mediation, and the parties will share equally the fees of the mediator unless otherwise agreed upon.
  3. Binding Arbitration If mediation fails to resolve the dispute, either party may propose that the dispute be resolved by binding arbitration. The arbitration shall be conducted:
    • In accordance with the rules of the American Arbitration Association or another established arbitration service agreed upon by the parties.
    • The arbitration shall take place in Pinal County, Arizona.
    The decision rendered by the arbitrator shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Arbitration costs and reasonable attorney’s fees of both parties shall be borne by the party that the arbitrator determines to be the non-prevailing party.
  4. Continued Service While disputes are being resolved, WebsiteSteward will continue to provide services to the client unless the service contract has been terminated or suspended in accordance with the terms outlined in the overall agreement.
  5. Limitation on Claims No claim may be brought as a class or collective action, nor may any proceeding be brought as a private attorney general or on behalf of the public. Furthermore, parties agree that no claim may be brought or joined with another claim or involving another party, except where agreed to in writing by all parties.
  6. Notice WebsiteSteward requires that any claim or dispute that arises out of or relates to the services provided or covered by this Agreement must be reported to WebsiteSteward within 90 days of the event giving rise to such claim or dispute.
  7. Finality of Resolution The resolution of any dispute through arbitration shall be the exclusive dispute resolution process. By agreeing to these terms, both parties waive the right to a trial by jury.

Entire Agreement

This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WEBSITESTEWARD MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Agreement Binding on Successors

Service Agreements and these Terms are binding on the parties’ successors and permitted assigns.

Waiver

Failure to enforce any term is not a waiver. Waivers must be in writing.

Severability

Invalid or unenforceable provisions are modified or severed to maintain the Terms’ validity.

Notices

Notices are given by email to the provided addresses and remain valid until updated.

Entire Agreement

These Terms and the Service Agreements constitute the entire agreement and supersede all prior agreements.

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