These terms and conditions exist between you (the “client” / “customer” / “You” / similar terminology) and DamENterprises LLC D.B.A. Effortless Presence (“us” / “we” / similar terminology). By you remitting payment to us, you agree to be bound by these terms. We take no responsibility for the content on a website we develop for the benefit of your business. We will do our best to ensure the information is reliable and up to date, however you ultimately take all responsibility for any content on the website you commission us to design and develop for you. If you would like any content on your website removed, kindly notify us in writing by sending an email to email@example.com and following up with your sales representative via telephone if the information is dangerous in any way.
All websites, intellectual property, imagery, logos, and designs that we develop for the benefit of your business shall become and remain the property of Effortless Presence. These items are licensed to you for you and your customers enjoyment within the context of the website. These items may not be removed from the website without prior written permission from us.
By sending us content, your social media handles, or directing us to a location to find content you grant us a perpetual, irrevocable license to use these materials for the benefit of your website.
You agree that all sales are final, and there shall be no refunds except when explicitly authorized by Effortless Presence at their sole discretion.
You agree to pay the hosting fee each month in a timely fashion by the date due on any invoices or automatic subscriptions, or we reserve the right to temporarily or permanently remove or delete your website from our servers thus removing it from the internet.
You agree to grant us permission to use the website we develop for the benefit of your business for any of our business purposes including advertising, portfolio display, or any other purpose we see fit.
Should the website we develop on your behalf be named in a lawsuit, you agree to take full responsibility for any damages the website may have caused to any parties as you are solely responsible for the information contained on the website we develop for your business purposes.
We offer HIPAA compliant services, however websites we create are not HIPAA compliant unless otherwise noted. Please review the HIPAA compliance statement that is provided to you when HIPAA compliant services are specified. You agree to not abuse our services, use them to commit fraud, use them to commit any crime under United States law, or the country in which you or your company is based.
You agree to not sue us, and instead resolve any conflicts via peer mediation at a location of our choosing.
If your utilization of our services is exceptional, (greater than 100,000 “Get” requests in one billing cycle) we reserve the right to bill you for any exceptional use of our services – at a fair rate as determined by us, depending on your usage of our resources. Alternatively, at your discretion provided to us in writing, we may suspend service until a new billing cycle begins when you exceed 100,000 “Get” requests. Certain plans may have additional resources allocated to them, plans with a specified number of “Get” requests will replace the default 100,000 in this condition. We reserve the right to suspend or delete any website that is in violation of one or more of these terms.
We reserve the right to update these terms at any time – the updates shall take immediate effect. It is your responsibility to check these terms frequently, however we will attempt (but are not required) to notify you when changes to these terms occur.