Terms of Service

Last updated 9/18/2023

Small Business Startup Solutions LLC (referred to as "SBSS") is committed to providing comprehensive and effective marketing and fintech resources to entrepreneurs. This includes Wix web design, Wix website maintenance, SEO, social media, software integration, graphic design and e-mail marketing. SBSS is a Wix Partner and affiliate partner of Canva and Novo. These policy guidelines outline our approach and standards to ensure a consistent and high-quality experience for our clients.

These policy guidelines serve as a foundation for our operations and reflect our commitment to delivering exceptional services to small business startups. We will regularly review and update these policies to align with industry best practices and evolving business needs.

By engaging in business with SBSS, you acknowledge and agree to these Terms of Service. If you have any questions or concerns regarding the Terms of Service’s listed policies, please contact our customer support team at info@wix-websites.com.

General

Client Engagement: We strive to establish a strong client relationship built on trust, transparency, and effective communication. We will actively listen to our clients' needs and provide timely updates.
Professional Conduct: Our team members will conduct themselves with professionalism, integrity, and respect in all interactions with clients, partners, and colleagues. We will adhere to ethical standards, avoid conflicts of interest, and maintain confidentiality of client information.
Project Management: We will establish clear project objectives, timelines, and deliverables in collaboration with our clients. Our project management approach will emphasize effective planning, resource allocation, and regular progress updates to ensure successful project outcomes.
Data Security and Privacy: We will handle client data and sensitive information with the utmost care and comply with applicable data protection laws.
Pricing and Billing: We will provide transparent pricing information to our clients, clearly outlining the costs associated with our services. Invoicing will be accurate, timely, and detailed, reflecting the agreed-upon scope of work and any changes or additional services requested.
Continuous Improvement: We value feedback from our clients and actively seek opportunities for improvement. We will monitor client satisfaction, evaluate our performance, and incorporate lessons learned into our processes to enhance the quality of our services.
Fair Competition and Anti-Trust:
SBSS is committed to fair competition and complies with anti-trust laws and regulations. Employees must avoid engaging in anti-competitive practices, such as price-fixing, bid-rigging, or unfair business practices that restrict competition.
Non-Discrimination and Equal Opportunity: SBSS prohibits discrimination based on race, ethnicity, gender, age, sexual orientation, religion, disability, or any other protected characteristic. We are committed to providing equal opportunities in employment and creating an inclusive work environment.
Compliance with Laws and Regulations
SBSS will comply with all applicable laws, regulations, and industry standards in the provision of our services. We will stay informed about legal and regulatory changes that may impact our clients and adjust our practices accordingly.

Scope of Work

This Scope of Work (SOW) Policy outlines the guidelines and expectations regarding the definition and management of project scopes for SBSS. It serves as a reference to ensure clarity and alignment between the company and its clients. It helps to minimize misunderstandings, scope creep, and associated risks during project execution.

Scope Agreement: Before commencing any project, SBSS and the client will collaborate to establish a clear understanding of the project scope. This will be documented through invoice with the agreed-upon objectives, deliverables, timelines, and any specific terms or conditions.
Revision Rounds: SBSS offers some services with unlimited revision rounds and others with limited revision rounds. The number of revision rounds is stated in the invoice.
Scope Change Requests: Any changes to the agreed-upon project scope must be requested through a formal change request process. The client is responsible for submitting a written change request that clearly outlines the proposed modifications, rationale, and potential impact on the project timeline, resources, and budget.
Evaluation and Approval of Scope Changes: SBSS will evaluate each scope change request to determine its feasibility, impact, and implications on the project. If approved, the revised scope will be documented by invoice.
Communication and Documentation: Effective communication is crucial in managing project scopes. All parties involved, including project managers, team members, and clients, should maintain open lines of communication throughout the project lifecycle. Documentation of project scope changes, approvals, and any related discussions should be well-documented and retained for reference.
Project Scope Limitations: It is important to recognize that the project scope has defined boundaries. SBSS will only deliver the agreed-upon objectives and deliverables within the project scope. Any work outside the scope may require a separate agreement or additional compensation.
Dispute Resolution: Any disputes arising from or related to the project scope or scope changes shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service or the project agreement.

Content and Materials

The client is responsible for providing all necessary content, materials, and assets required for the web design project, including but not limited to text, images, logos, videos, and any other media.

Ownership and Rights: The client represents and warrants that they have the necessary ownership or rights to use the provided content and materials for inclusion on the website. The client retains all ownership rights to their content.
Copyright Infringement: SBSS respects copyright laws and intellectual property rights. The client agrees not to provide any content or materials that infringe upon the copyrights or intellectual property rights of any third party.
Review and Approval: The client is responsible for reviewing all content and materials provided by SBSS before they are published or displayed on the website. The client must provide timely feedback and approvals to ensure the project progresses according to the agreed timeline.
Accuracy and Legality: The client acknowledges that they are solely responsible for verifying the accuracy, completeness, and legality of the content and materials provided. SBSS shall not be held liable for any inaccuracies, errors, or legal issues arising from the client-provided content.
Objectionable or Prohibited Content: SBSS reserves the right to refuse or remove any content or materials that are deemed objectionable, offensive, or violate any laws or regulations. This includes, but is not limited to, content that is defamatory, discriminatory, harmful, or infringing upon the rights of others.
Content Licensing: The client grants SBSS a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the provided content and materials for the sole purpose of fulfilling the web design services.
Backup and Data Loss: SBSS is not responsible for any loss or damage to the client's content or materials. It is recommended that the client maintains backups of their content and materials.
Dispute Resolution: Any disputes arising from or related to the content and materials provided by the client shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Services.

Ethical Use of AI

SBSS uses AI technology in our processes including but not limited to web design, web applications, copywriting, social media, and strategies. We commit to using AI technologies in an ethical manner, respecting individual rights and avoiding harm to users.

Data Privacy and Security: We will handle user data with utmost care, adhering to relevant data protection laws and regulation. Any data collected during the web design process will be securely stored and used only for the intended purposes, obtaining user consent where required.
User Experience and Accessibility: Our AI-powered web design solutions will prioritize user experience, ensuring that AI technologies enhance usability, engagement, and satisfaction. We will strive to make our websites accessible to individuals with disabilities, incorporating AI-based accessibility features and adhering to relevant accessibility guidelines.
Bias and Fairness: We will proactively address and mitigate biases in AI algorithms and models used to ensure fair representation and treatment of diverse user groups. Regular audits and evaluations will be conducted to identify and rectify any unintended biases in AI systems.
Intellectual Property and Copyright: We will respect intellectual property rights, including copyright, trademarks, and patents, while using AI in our processes. We will not use AI technologies to infringe upon the intellectual property of others, and we will take necessary measures to protect our own intellectual property.
Continuous Learning and Improvement: SBSS will stay up to date with the latest advancements in AI technology and industry best practices. SBSS will encourage ongoing training and education for our team members to ensure their proficiency in AI design and development. Feedback from clients and users will be actively sought and incorporated to improve the effectiveness and ethical implementation of our AI-powered web design solutions.
Compliance and Accountability: We will comply with all relevant laws, regulations, and industry standards pertaining to AI and web design.
Dispute Resolution: Any disputes regarding to AI usage in SBSS process shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service.

Confidentiality

Definition of Confidential Information: Confidential Information includes any non-public, proprietary, or confidential information, whether oral, written, or in any other form, disclosed by the Disclosing Party to SBSS. This may include, but is not limited to, trade secrets, business plans, financial information, customer lists, product information, marketing strategies, and any other information marked or identified as confidential.
Non-Disclosure Obligation: SBSS agrees to hold all Confidential Information in strict confidence and to use it solely for the purposes authorized by the Disclosing Party. SBSS shall not disclose, distribute, reproduce, or use the Confidential Information for any other purpose without the prior written consent of the Disclosing Party.
Protection of Confidential Information: SBSS shall take reasonable measures to protect the confidentiality of the Confidential Information. This includes implementing security measures to prevent unauthorized access, use, or disclosure of the Confidential Information.
Limited Disclosure: SBSS may only disclose Confidential Information to its employees, contractors, or agents who have a need to know the information for the authorized purposes and who are bound by confidentiality obligations at least as restrictive as those set forth in this Agreement.
Exclusions from Confidentiality: SBSS's obligations under this Agreement shall not apply to information that: (a) is already publicly known or becomes publicly known through no wrongful act of SBSS; (b) was in SBSS's possession without confidentiality obligations prior to disclosure by the Disclosing Party; (c) is rightfully received by SBSS from a third party without any confidentiality restrictions; or (d) is independently developed by SBSS without use of the Disclosing Party's Confidential Information.
Term and Termination: This Agreement shall remain in effect until the expiration of three months or until terminated by either Party.
Governing Law and Jurisdiction: Any disputes regarding confidentiality shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service.

Payments

Payment Terms: All invoices are due and payable upon receipt unless otherwise specified in writing. Payment is expected immediately upon receiving the invoice. Late payments past 30 days will be charged 10% interest.
Late Payment Policy: We understand that unforeseen circumstances can arise, and we strive to maintain a fair and open relationship with our clients. If you have any concerns or questions regarding the payment terms or late payments, please contact us at info@wix-websites.com.
Suspension of Services: Failure to make payment within 30 days from the invoice date will result in the suspension or termination of services until the outstanding balance is settled.
Collection Costs: In the event that the outstanding balance remains unpaid for an extended period of time, the client agrees to be responsible for any collection costs incurred by SBSS, including but not limited to legal fees and court costs.
Additional costs: If the project is not completed within three months of the initial deposit payment there is the greater of $150 charge or 20% of the project cost to reinstate the contract.

Refunds

All payments made to SBSS for our web design services are non-refundable.

Client Responsibility: It is the client's responsibility to carefully review the scope of work, project specifications, and any other relevant details before entering into an agreement with SBSS.
Satisfaction Guarantee: We strive to deliver high-quality web design services and ensure client satisfaction. In the event that you are not satisfied with our services, we will work closely with you to address any concerns or issues.
Abandoned Projects: If a client chooses to discontinue the project before completion for any reason, any payments made up to that point are non-refundable and will be considered as compensation for work completed and resources allocated.
Force Majeure: In the event of circumstances beyond our control that prevent us from fulfilling our obligations, such as natural disasters, acts of war, or other unforeseen events, we will work with the client to find a suitable solution, but any payments made are non-refundable.
Dispute Resolution: Any disputes regarding the refunds or payments shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service.

Limitations of Liability

SBSS shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our web design services, including but not limited to:
- Loss of data, profits, or business opportunities
- Damages to hardware, software, or other equipment
- Interruption of business operations or loss of productivity

Any third-party claims or liabilities:

SBSS shall not be held responsible for any errors, omissions, or inaccuracies in the content of the website or any other deliverables produced as part of the web design project.

The client acknowledges that SBSS does not guarantee the website's performance, functionality, or compatibility with all browsers, devices, or operating systems.

The client is solely responsible for verifying the accuracy, completeness, and legality of any content provided for inclusion on the website, including text, images, videos, and any other materials.

SBSS shall not be liable for any delays, interruptions, or failures in the delivery of services or any other obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, acts of war, or other unforeseen events.

SBSS's liability for any claims arising from or related to our web design services shall not exceed the total amount paid by the client for those services.

Users agree to indemnify and hold SBSS, its affiliates, officers, employees, and partners harmless from any claims, liabilities, damages, or expenses arising from their use of our offerings or violation of these terms.

Governing Law and Jurisdiction

This section on Governing Law and Jurisdiction outlines the applicable laws and jurisdiction that govern the contractual agreements and disputes involving SBSS and its clients within the state of Pennsylvania.

Choice of Law

Any contractual agreements, transactions, or disputes between SBSS and its clients will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

Jurisdiction: Any legal actions, suits, or proceedings arising out of or relating to the contractual agreements or disputes will be brought exclusively in the state or federal courts located within the jurisdiction of Pennsylvania.
Consent to Jurisdiction: By engaging in business with SBSS, clients consent to the exclusive jurisdiction and venue of the state or federal courts located within Pennsylvania for any legal actions or proceedings.
Waiver of Forum Non Conveniens: Clients agree not to raise or invoke the doctrine of forum non conveniens or any similar doctrine to challenge the choice of jurisdiction specified in this policy.
Severability: If any provision of this policy is deemed invalid, unlawful, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Right to Refuse Business

SBSS will not work with businesses in the following industries:

Adult Entertainment: This includes industries involved in the production, distribution, or consumption of explicit adult content.
Gambling and Casinos: Industries that facilitate or engage in games of chance or wagering, including casinos, online gambling platforms, and sports betting.
Tobacco: Industries involved in the manufacturing, distribution, or sale of tobacco products, cigarettes, or cigars.
Illegal Substances: Industries associated with the production, trafficking, or distribution of illegal drugs or substances.
Weapons and Firearms: Industries involved in the manufacturing, distribution, or sale of weapons, firearms, ammunition, or related accessories.
Pornography: Industries involved in the production, distribution, or sale of sexually explicit materials.
Prostitution and Sex Trade: Industries associated with the facilitation or engagement in sexual services for payment.
Unethical or Controversial Activities: This can include industries involved in activities that are widely considered unethical, such as exploitative labor practices, human trafficking, or harmful environmental practices.

Termination of Services

Either party, SBSS or the client, may terminate the web design services by providing written notice to the other party.

Termination by the Client: If the client wishes to terminate the services, they must submit a written notice to SBSS. Upon termination, the client shall be responsible for any outstanding payments for work completed up to the termination date. Any deposits or upfront payments made by the client prior to termination are non-refundable. If the termination occurs after the project has commenced but before completion, the client may be responsible for additional fees based on the work completed and resources allocated.
Termination by SBSS: SBSS reserves the right to terminate the services at any time with written notice to the client if
- The client fails to make timely payments as per the agreed-upon payment terms.
- The client breaches any terms of the agreement or fails to provide necessary cooperation or information.

SBSS shall be entitled to retain any payments made by the client up to the termination date for work completed and resources allocated.

Effect of Termination: Upon termination, the client's access to any development environment, hosting services, or ongoing support may be discontinued. SBSS shall provide the client with any completed deliverables or assets as outlined in the project agreement, subject to any outstanding payments. The client shall have no further rights to use or modify any unfinished work or materials provided by SBSS without written permission.
Dispute Resolution: Any disputes arising from or related to the termination of services shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service.

Paid Partnerships

Small Business Startup Solutions engages in paid partnerships with various companies, including Wix, Novo, and Canva.

As an affiliate partner of Wix, SBSS may earn revenue for referring clients to Wix and facilitating the creation and maintenance of websites, email marketing, POS systems, and other services offered by Wix.

SBSS may also participate in paid partnerships with Novo and Canva, earning revenue for promoting their services or facilitating transactions between clients and these companies.

It is important to note that SBSS maintains a transparent approach to paid partnerships and ensures that all recommendations and referrals are based on the merit and suitability of the products or services for our clients.

SBSS may provide information and recommendations regarding Wix, Novo, Canva, and other affiliated companies, but the ultimate decision to engage with these companies rests with the client.

SBSS is committed to providing unbiased and objective advice and will disclose any paid partnerships or affiliations that may exist.

Any compensation or revenue earned through these paid partnerships is used to support the operations of SBSS and maintain the quality of services provided to our clients.

SBSS acknowledges the importance of maintaining the trust of our clients and will always prioritize their best interests in any recommendations or referrals made.

SBSS may update or modify its paid partnership policy from time to time, and any changes will be communicated to clients in a clear and transparent manner.

Any disputes arising from or related to the paid partnerships with Wix, Novo, Canva, or other affiliated companies shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Service.

Hosting and Software

SBSS provides web design services that encompass the creation and development of the website. However, the client is solely responsible for purchasing the necessary hosting services, domain and software licenses required to operate the website.

Software Licenses: The client is responsible for acquiring and maintaining any necessary software licenses, including content management systems (CMS), e-commerce platforms, plugins, themes, or other third-party software required for the website's functionality.
Security and Backups: The client is responsible for implementing appropriate security measures. SBSS is not liable for any security breaches or data loss that may occur.
Dispute Resolution: Any disputes arising from or related to hosting services or software used by the client shall be resolved directly between the client and the respective hosting provider or software vendor. SBSS will not be held liable for any issues or disputes related to hosting or software services.

Right to Use Project to Market Policy

SBSS reserves the right to showcase and promote the completed web design project as part of our portfolio, marketing materials, case studies, and other promotional efforts.

By engaging in business with SBSS, the client grants SBSS a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the completed web design project for marketing and promotional purposes.

SBSS may include the client's company name, logo, and a brief description of the project in marketing materials, including but not limited to our website, social media accounts, and marketing campaigns.

SBSS will take reasonable measures to ensure that sensitive or confidential information is not disclosed during the showcasing or promotion of the project. However, the client acknowledges and agrees that SBSS shall not be held responsible for any inadvertent disclosure of such information.

If the client has specific concerns or requests regarding the use of their project for marketing purposes, they must notify SBSS in writing before the project commences or as soon as the concerns arise. SBSS will make reasonable efforts to accommodate such requests, but the final decision remains at the discretion of SBSS.

The client retains all ownership rights to their branding, logos, content, and any other proprietary elements of the project that were provided by the client.

The client acknowledges and agrees that the use of the project for marketing purposes by SBSS does not entitle the client to any form of compensation, royalties, or additional rights.

Any disputes arising from or related to the use of the project for marketing purposes shall be resolved in accordance with the governing law and jurisdiction specified in the Terms of Services.

Terms of Service

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