As of: January 23, 2025
These Terms of Service (“Terms”) are entered into between you (“Client,” “you,” or “your”) and West 7th Design Studio, LLC (“West 7th Design Studio,” “the Studio,” “w7th,” “we,” “our,” or “us”) for the provision of web maintenance services (“Services”) as described below. By initiating your subscription and using the Services, you agree to be bound by these Terms.
Modifications to These Terms
We may make changes to these Terms from time to time at our sole discretion, by updating the revised Terms here and specifying the effective date of the new version of the Terms. Your use of the Services following the posting of a new version of the Terms constitutes your acceptance of any such changes.
Scope of Services
We offer three levels of monthly web maintenance services. A detailed breakdown of each plan’s services (including inclusions and exclusions) is available on the Website Maintenance Plans page, which you can view
here. By selecting one of the plans below, you agree to the service level outlined on that page.
Plan A: Essential Care- Overview: Best for small sites (1-10 pages) or a company that only needs updates once or twice a month.
Plan B: Pro Advantage- Overview: Best for medium sized sites (10-20 pages) or a company that needs updates a few times a month.
Plan C: Ultimate Guardian- Overview: Best for large sites (20+ pages) or a company that needs frequent updates every week.
Payment Terms
- Monthly Subscription: Payments for the selected plan will be billed monthly at the price displayed at the time of your subscription activation.
- Payment Method: Payment will be processed via Stripe, as provided at the time of your subscription activation. Your subscription and payment methods can be managed via Stripe’s customer portal here.
- Pricing Adjustments: We reserve the right to adjust pricing for future subscription periods. You will be notified of any price changes with at least 30 days’ notice prior to the new rate taking effect. If you do not wish to continue with the updated pricing, you may cancel your subscription before the new rate is applied.
Term and Automatic Renewal
- Initial Term: This agreement will begin on the date you initiate your subscription and will continue on a month-to-month basis, unless terminated.
- Automatic Renewal: Your subscription will automatically renew each month unless you cancel.
- Termination: You may cancel at any time via Stripe’s customer portal here. If you cancel before the end of the current billing period, you will not be charged for the following period, but no refunds will be issued for services already provided.
Cancellation Policy
- Termination: You can cancel your subscription at any time via Stripe’s customer portal here. Cancellation will go into effect at the end of the current billing term.
- Refunds: We do not provide refunds or partial refunds.
Client Portal
We utilize our Client Portal to facilitate fulfillment of the Services. You will utilize the Client Portal and abide by the
Terms of Use and
Privacy Policy set forth there within, in conjunction with this Agreement. The Client Portal will be set up upon subscription activation and may be deactivated upon termination.
Intellectual Property + Confidentiality
Intellectual property and confidentiality are governed by the Client Portal
Terms of Use.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WEST 7TH DESIGN STUDIO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS PORTAL OR WITH THE DELAY OR INABILITY TO USE THIS PORTAL, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, EVEN IF WEST 7TH DESIGN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WEST 7TH DESIGN STUDIO BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN ANY AMOUNT.BY AGREEING TO THE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law
These Terms shall be governed by the laws of the State of Maryland, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of Maryland for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
Acceptance of Terms
By selecting a website maintenance service plan and activating your subscription, you confirm your acceptance of these Terms. You acknowledge that you have read, understood, and agree to the terms outlined above.
As of: January 23, 2025
These Terms of Service (“Terms”) are entered into between you (“Client,” “you,” or “your”) and West 7th Design Studio, LLC (“West 7th Design Studio,” “the Studio,” “w7th,” “we,” “our,” or “us”) for the provision of web maintenance services (“Services”) as described below. By initiating your subscription and using the Services, you agree to be bound by these Terms.
Modifications to These Terms
We may make changes to these Terms from time to time at our sole discretion, by updating the revised Terms here and specifying the effective date of the new version of the Terms. Your use of the Services following the posting of a new version of the Terms constitutes your acceptance of any such changes.
Payment Terms
You may choose to pay for the analytics services on either a monthly or annual basis. By selecting your preferred payment plan, you agree to the following terms:
- Monthly Subscription: Payments for the selected plan will be billed monthly at the price displayed at the time of your subscription activation.
- Annual Subscription: Payments are billed upfront for an entire year, at a discounted rate compared to the monthly plan. Payments for the selected plan will be billed annually at the price displayed at the time of your subscription activation.
- Payment Method: Payment will be processed via Stripe, as provided at the time of your subscription activation. Your subscription and payment methods can be managed via Stripe’s customer portal here.
- Pricing Adjustments: We reserve the right to adjust pricing for future subscription periods. You will be notified of any price changes with at least 30 days’ notice prior to the new rate taking effect. If you do not wish to continue with the updated pricing, you may cancel your subscription before the new rate is applied.
Term and Automatic Renewal
- Initial Term: This agreement will begin on the date you initiate your subscription and will continue either on a monthly or annual basis, depending on the plan you selected.
- Automatic Renewal: If you select the monthly plan, your subscription will automatically renew on a month-to-month basis unless you cancel.
If you select the annual plan, your subscription will automatically renew each year unless you cancel.
- Termination: You may cancel at any time via Stripe’s customer portal here. If you cancel before the end of the current billing period (monthly or annual), you will not be charged for the following period, but no refunds will be issued for services already provided.
Cancellation Policy
- Termination: You can cancel your subscription at any time via Stripe’s customer portal here. Cancellation will go into effect at the end of the current billing term.
- Refunds: We do not provide refunds or partial refunds.
Intellectual Property, Copyright, & Trademark
You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the service.We claim no intellectual property rights over the material you provide to the service. All site data remains yours.
Privacy
Each party agrees to handle the other party’s data in accordance with all applicable laws and privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.You own all right, title, and interest to your website data. We obtain no rights from you to your website data. We do not collect and analyze personal information from web users and we do not use behavioral insights to sell advertisements. We will never collect or store any personally identifiable information and we will never abuse your visitor’s privacy. You own and control all of your website data. We will never sell or share your site data to any third-parties.You agree to comply with all applicable laws including all privacy and data protection regulations.You agree not to use the service to send sensitive information to the company where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the company, any data subjects or third-parties. Sensitive information includes, but is not limited to credit card information, passport numbers, government issued identification numbers, financial account information, real time geolocation and personally identifiable information (PII). PII is information that could be used on its own to directly identify, contact, or precisely locate an individual.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEST 7TH DESIGN STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WEST 7TH DESIGN STUDIO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS PORTAL OR WITH THE DELAY OR INABILITY TO USE THIS PORTAL, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, EVEN IF WEST 7TH DESIGN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WEST 7TH DESIGN STUDIO BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN ANY AMOUNT.BY AGREEING TO THE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Governing Law
These Terms shall be governed by the laws of the State of Maryland, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of Maryland for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
Acceptance of Terms
By selecting a service plan and activating your subscription, you confirm your acceptance of these Terms. You acknowledge that you have read, understood, and agree to the terms outlined above.
