Terms & Conditions
CYBER COMMERCE LLC REQUIRES YOU TO READ AND ACCEPT THE TERMS AND CONDITIONS STATED IN THIS SERVICE AGREEMENT IN ORDER FOR YOUR RIGHT TO VISIT, READ AND COMMUNICATE WITH THE SITE TO BE GRANTED.
UNDERAGED PERSONS (UNDER 18 YEARS OF AGE) ARE DENIED ACCESS TO FOR ANYONE UNDER THE AGE OF 18 IT IS ILLEGAL TO VISIT, READ, OR COMMUNICATE WITH AND ITS CONTENTS IN ANY WAY.
ACCESS IS SPECIFICALLY DENIED TO ANYONE COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THE RIGHT TO DENY ACCESS TO ANY VISITOR OF THE SITE IS RESERVED BY AND CAN BE PRACTICED FOR ANY REASON.
BY ACCEPTING THESE TERMS OF SERVICE REGARDING THE VIEWING OF THE CONTENTS OF THE SITE, HOLDS THE RIGHT TO COLLECT AND SAVE DATA AND INFORMATION FOR EXCLUSION AND OTHER USES.
Parties To The Terms Of Service Agreement: The term “Visitors” refers to anyone who visits, views, and uses the site. It also includes subscribers, member, affiliates, or customers. All the “Visitors” are considered parties to this agreement, as well as the website itself, and its owners and operators, who are further on referred to as “Website.”
These terms and conditions are a mutual agreement between “Client” who is engaging Cyber Commerce LLC “Cyber Commerce” located at 3901 NW 79th Ave, Ste 245 #4722 as an independent contractor for the specific project to provide one or more of the following services:
- Website design, development and hosting
- Mobile application development
- Search engine optimization (SEO)
- Social media management (Facebook and/or Instagram)
- Marketing automation
- PR promotion
WHEREAS, Cyber Commerce is an independent contractor hired to provide outsourced digital marketing and development services (see service descriptions).
WHEREAS, Client seeks to utilize Cyber Commerce services to provide digital marketing and development for their business.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows;
Digital Marketing & Development Cost & Payments: Client agrees to pay the proposal price for services. Services will be billed in advance, and payments will be due prior to start of services. Cyber Commerce has the right to terminate the agreement with a seven-day notice in the event the services are not pre-paid for by the client.
Pricing is based on current scope of work. In the event additional services are required or there is a major change in the scope of work, then Cyber Commerce reserves the right to adjust our pricing. In the event the travel required to fulfill these services is more than 50 miles, then Cyber Commerce shall be reimbursed for expenses incurred. All expenses must be pre-approved by the Client.
Additional Services: Cyber Commerce may provide additional services including but not limited to training, photography or video services based on the client’s request. Cyber Commerce will do this via the services listed in Addendum A.
Cancellation & Refund Policy: In the event Client decides to cancel their order they are protected by a 14-day-money-back-guarantee. Client must submit their request in writing to [email protected] within 14 days of authorized order. If Client asks for a refund beyond 14 days after the initial purchase date of the service, then Client will not be granted a refund and there are no exceptions to this rule.
Term of Agreement: Client agrees the term of this agreement will be for one year. The agreement will automatically renew one year from the date the agreement is signed unless a written notice of either party’s intent to the other that they will not be renewing is provided 45 days prior to the annual renewal date.
Either party may terminate the agreement with 30-day written notice. In the event the Client exercises this 30-day out clause prior to the end of the initial year, all digital intellectual property will remain under the ownership of Cyber Commerce. Should the client wish to transfer the ownership of the intellectual property, all monies for the remainder of the agreement (prior to final termination date) will become due (per section 1 of this agreement). Client agrees to give required access to Cyber Commerce to complete its work. Cyber Commerce will use best efforts to work to finish out providing services.
Content: Client agrees to provide all content required (text, articles, photos, graphics, videos, etc.) for the support of Cyber Commerce’s efforts.
Additional Tools/Software & Cost: Cyber Commerce may require certain tool/software/services to support our efforts. Client agrees to be responsible for all cost one time or monthly for such tools/software. Thrive agrees that it will not purchase or subscribe to such software without pre-approval from the Client
Managing Clients Internal Resources: Client agrees that Cyber Commerce will have the lead and be fully in charge of establishing digital strategy, managing day to day work/task, managing all of the current internal digital marketing resources (employees, contractors, etc.).
Clients agrees that all digital resources will report to Cyber Commerce on an as needed basis to implement the program effectively. Resources will be managed and provided tasks to support the digital strategy, day to day efforts, and daily management set forth by Cyber Commerce and the executive committee of the client.
Additional Services Fees: In the event the Client would like to use Cyber Commerce for services outside of the scope of services additional charges may apply. In the event Cyber Commerce is asked to do hourly work outside of the scope of this agreement (Addendum A), then the following charges will apply:
Cyber Commerce Hourly Fee: $75.00 per hour
Authorization: Client agrees to give Cyber Commerce access to all tools, software, websites, social media, landing pages, accounts, etc. that they will need to access. Cyber Commerce will use best efforts to secure and protect all passcodes. Only authorized representatives of Thrive will be allowed to access pass codes and only on an as needed basis.
Copyrights and Trademarks: The Client represents (informs) to Cyber Commerce and unconditionally guarantees that any elements of text, graphics, videos, photos, content, designs, trademarks, or other artwork furnished to Cyber Commerce for inclusion in web pages, social media, etc. are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements. Client agrees to hold harmless, protect, and defend Thrive from any claim or suit arising from the use of such elements furnished by the Client.
Ownership to Deliverables: Cyber Commerce or its partners retain the intellectual rights to all items previously owned by Cyber Commerce/partner. Client retains the rights to all deliverables that are not marked as Cyber Commerce property. Items that are not specifically transferred to the Client will remain the property of their respective owners. Cyber Commerce may choose to give the Client a one-time lifetime license for use of any of its intellectual property.
Work Credit: Client agrees to allow Cyber Commerce to use clients name and website for company promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting Cyber Commerce’s services to other companies.
Assignment of Project: Cyber Commerce reserves the right to assign certain subcontractors to this project if it sees the need to do so in order to meet the requirements of this agreement.
Non-Disclosure: Cyber Commerce, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any non-public Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any non- public confidential information obtained about the Thrive to another party.
Performance Liability: WHEREAS, the parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Cyber Commerce can make no guarantee on the results that may be provided as a result of our work. Cyber Commerce represents that in good faith it shall make every effort to ensure that the clients digital marketing is successful and leads are generated as a result of our work.
Cyber Commerce does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice, or work will meet the Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free. The entire risk as to the quality and performance of the work and deliverables is with Client.
In no event, will Cyber Commerce be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if Cyber Commerce has been advised of the possibility of such damages.
Indemnity: The client does hereby expressly agree to indemnify and hold harmless Cyber Commerce, LLC, its Owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project. The client hereby waives any and all claims which, but for this waiver, it may have, or which it may hereafter acquire, against Cyber Commerce, LLC, its Owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.
Agreement Revisions: Revisions to this Agreement will be considered agreed to by Cyber Commerce and Client when requested changes have been signed by both parties.
Lawful Purpose: Client may only use Cyber Commerce’s design services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Termination: Cyber Commerce may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. If the Client fails to comply with the terms of this Agreement and Cyber Commerce refers the matter to an attorney, the Client agrees to pay reasonable attorney fees and agrees to compensate Cyber Commerce for other collection costs and expenses it may occur.
Entire Understanding: The agreement constitutes the sole agreement between Cyber Commerce and Client regarding the use of services. It becomes effective only when signed by both parties.
Thrive Media Vendors: In connection with Services provided hereunder, Cyber Commerce has the right to utilize contractors, third-party companies, and vendors selected by Cyber commerce at its sole discretion (each a Vendor) to complete or support the completion of the work at hand. Purchased work from Vendors shall be made under such terms Cyber Commerce deems in its sole discretion as acceptable (Vendor Terms). Cyber Commerce will be responsible for all costs associated with the Vendor, unless the cost is provided to the Client, and the Client agrees in writing to pay said cost.
Force Majeure: Non-performance by either party hereunder, other than an obligation to pay money, shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, acts of God, or any other reason to the extent that the failure to perform is beyond the control of the non-performing party.
Digital Signature: Both parties agree that a digital signature via Hellosign, Dropbox, Docusign, and any other digital signature platforms used for of the signed document by either or both parties shall be considered acceptable, legal, and legally binding.
Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to such state’s principles of conflicts of law. The legal jurisdiction for this agreement shall reside in Dade County, Florida, and all legal proceedings shall take place in Dade County, Florida.
Use Of Information From This Website: If a written contract has not been signed, no Visitor has the right to use any information commercially or publicly. The contents of the website cannot be saved, copied, printed, broadcasted, sold, or published. Otherwise, you may be subjected to civil or criminal penalties for illegally performing an unauthorized use of the site’s contents including the site’s databases, linked or invisible pages, underlying code, or other intellectual property the site contains.
Visitors are to agree to liquidated damages (compensation decided upon by the parties during the formation of the contract), additionally including costs and actual damages for breach of the provision.
Ownership Of Website Or Right To Use, Sell, And Publish Contents Of This Website: The contents of the website, as well as the website itself, are owned by the website. The material the site contains is considered proprietary and copyrighted. Visitors hold no rights to the site content. Only with an express contract or permission can the website and its contents be used. Otherwise, the use of website is illegal.
Hyperlinking To Site, Co-Branding, “Framing” And Referencing Site Prohibited: No Visitor is allowed to hyperlink the site, or any part of it (including, although not strictly limited to, logotypes, branding, trademarks or copyrighted material), unless the visitor is given an authorization by website.
Referencing the url (website address) of this website (be it commercially or non-commercially) is prohibited. The site is not to be ’framed’.
Visitors are required to respect the agreement and cooperate with the site in such a way that any such prohibited activities are removed and de-activated.