HoopJumper Website Creation and Subscription Terms and Conditions
Terms and Conditions of this agreement are between the contractor referred to herein as "our,", "we,", or “HoopJumper” and the client referred to as "you", "your", or “Client.”
BEGINNINGS
HoopJumper launched in February 2005, 2 weeks before the launch of YouTube. Our mission from the start was to help busy professionals like you get from zero to 100 very quickly with your personal branding, professional website, video marketing, and social media without having to spend the next 1-3 years learning how to do this yourself.
Now, HoopJumper offers a full "hoop" of services that starts with building your personal Brand, then constructing your search engine optimized website, then building your social media presence to attract consumers to your website, and finally creating a Content Marketing Blog or Video Marketing blog with content to post on your website and social media channels. And we maintain all of this month to month for you while you focus on business building, networking, and signing up new clients, with HoopJumper as your in-house marketing department.
Our goal, as always, is to "jump through hoops" for our busy clients and provide superior and dependable service with any or all of your marketing needs. HoopJumper has an integrated "Hoop" of marketing services, each set up to work with the other for maximum efficiency.
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This section is for purchasers of a new website:
PURCHASING A NEW WEBSITE
Congratulations on selecting HoopJumper to create your new website. Since your Website Maintenance Fees will begin in one month or upon Launch of your website, whichever occurs first, it is understood that the client expedite supplying HoopJumper with all needed personal photos and logos, or contract for them to be created by HoopJumper, so as not to impede the creation process of the website. HoopJumper will create the client's website using these materials plus HoopJumper’s own proprietary systems, themes, and other tools and software approved for use by HoopJumper. The HoopJumper copyright and link will appear on all websites produced. HoopJumper reserves the right to use any and all websites created hereunder for its own promotional purposes. All rights reserved.
INSTALLMENT PAYMENT PLANS
If a client is paying for the creation/setup of their website through an installment payment plan, and a payment on their credit/debit card declines for whatever reason when charging their card, a decline fee may be added to their next payment. Should Client stop making installment payments before they have paid the entire balance owed, or fail to update their declining credit card on file, all work completed to date will become the sole property of HoopJumper, and no refunds will be given to the client for any previous payments.
TIMEFRAME
Client’s website is completed in the order received. After Client's website has been approved and launched, the client has 14 days to supply HoopJumper with requested revisions or fixes within the scope of their contract. Any new add-ons or further revisions may incur a fee and will be assessed as part of the hours of included technical and design support, if applicable.
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This section details both HoopJumper's Monthly and Annual Website Maintenance Subscriptions, and our Terms and Conditions.
MONTHLY MAINTENANCE FEE SUBSCRIPTIONS
A website's "Monthly Maintenance Fee" is a retainer fee charged to maintain a client's website on HoopJumper's servers or our client's chosen servers. There is no additional charge if client wishes to host their site on HoopJumper's servers. Unless confirmed otherwise, Monthly Maintenance charges officially begin within 30 days following the submission of client’s website order, either by submission of the order online or by verbal agreement to create the website. Monthly Maintenance runs in 1-month increments. Whatever day Monthly Maintenance begins during the first chargeable month, that partial month will be pro-rated with the first full month of maintenance fees charged on client’s credit or debit card at or after midnight on the 28th day of the month Eastern Time for the month ahead using the card on file at that time. The rebilling date could change at any time and may run earlier if said rebilling date falls on a weekend, holiday, or other reason. Any monthly maintenance fees paid either monthly, for multiple months, or annually are non-refundable. (There is no charge for "hosting" of websites. Charges are for a retainer fee for the labor involved in maintaining the website(s). Hosting is offered at no additional cost with any maintenance agreement.)
ORIGIN OF ANNUAL WEBSITE MAINTENANCE FEE SUBSCRIPTION
In 2007, one of our clients requested an annual discount deal for paying for their website maintenance, including hosting. They were looking for a way to pay it all at once and be able to write it off on their taxes for that year. This was when we created our "12-for-10" subscription deal, where the customer gets 12 months for the price of 10, giving them 2 months for free. It was so popular, that we have kept it going every December since then. Below are all the details of both our Annual and Monthly Website Maintenance Subscriptions.
THIS IS A "RETAINER" SUBSCRIPTION FOR WEBSITE TECHNICAL AND DESIGN SUPPORT
This means that our Retainer with you renews every month or every year unless the Subscription is cancelled by you, our client, by sending an email requesting cancellation to [email protected] before the next Subscription charges run. As a "Retainer Fee" you are paying for HoopJumper to be attentive to your website needs for the term of the Subscription as outlined herein. This also includes our top-shelf hosting at no extra charge, if requested.
HOURS OF TECHNICAL AND DESIGN SUPPORT PER MONTH FOR SUBSCRIBERS
Your Retainer Fee Subscription includes either one or two hours of our world-class technical or design support per month, regularly priced at $99 per hour. (One hour included for subscriptions costing $99 per month or below; two hours of technical and design support for subscriptions more than $99 per month.) This includes behind-the-scenes software updates and fixing technical issues that happen. All subscribers get Priority Expedited Service on their technical support over non-members. It also includes your personal requests to add, edit, or remove content or pages on your site called Design Support. After your first included hours have been used for any reason, you will get a 1/3 discount for the remaining hours ($66 per hour) that will be billed after the end of the month to your credit card on file. Sorry, there are no accumulations or roll-overs of your tech support time from month-to-month. (If you wish for more hours per month added to your Subscription, we have discounted higher tiers of support offered by request. For details, please email [email protected])
OPTIONAL TOP SHELF HOSTING INCLUDED AT NO CHARGE
With your subscription, HoopJumper will perform maintenance on your website on the server of your choice. Generally, most clients wish to have their websites hosted on HoopJumper's top shelf 24/7 managed website servers, and not pay another company to host their website. HoopJumper's website hosting is offered at no extra charge as a benefit of our Website Maintenance service, but is not required.
WEBSITE SUPPORT HOURS ONLY APPLY TO WEBSITES
Unless otherwise specified, your Website Maintenance Fees are for your website and the hours are not transferable to HoopJumper's Content Marketing, Video, Social Media, Branding or Print Graphic Design services. Those are separate, chargeable services at your discounted hourly rate or by quote.
VIDEO, AUDIO AND VIRAL CONTENT NOT ALLOWED ON HOOPJUMPER'S SERVERS
Streaming video and audio may be used on Client’s website as an “embedded” file that is sourced from another service, like YouTube or Vimeo, but may not be stored or streamed directly from HoopJumper’s server, unless approved by HoopJumper management. Bandwidth-draining and space-hogging files like Video files, Audio files, or any content that causes an unusually high drain of our system resources is not allowed. Videos will need to be hosted on another service like YouTube, Vimeo, or another service where the content's code can be embedded into your webpage(s). If we detect any activity from your site that has created a situation that is hurting our ability to serve your or our other client's websites optimally, you will be requested to remove whatever is causing the issue at your time and expense.
IDX OR IDXBROKER FEES (for Real Estate clients)
As a separate matter, Client acknowledges that IDX feed company charges for their website are NOT included with the monthly maintenance website fees charged by HoopJumper. As stated above, HoopJumper's monthly maintenance website fees are a retainer fee charged to maintain a client's website on HoopJumper's servers or our client's chosen servers. Client agrees and acknowledges that the IDX Tools using Client's MLS Data Feed(s) used on the contracted website are supplied by Client’s own separate contract with IDXBroker.com (or the IDX feed company of their choice) that will, as a value-added service, be integrated by HoopJumper for Client on their behalf into their website, and the client will be charged monthly directly by IDXBroker.com or their selected IDX feed company upon creation of their IDX feed account, and that any issues pertaining to the use of or performance of provider’s IDX Tools need to be made directly between client and their IDX feed company. If an IDXBroker.com account has not yet been set up, Client may use the HoopJumper signup link that will waive the $99 setup fee. HoopJumper is not, and will not be held responsible for issues pertaining to client’s IDX feed company account. IDXBroker.com may charge additional fees for additional services, such as adding additional agents’ data onto their IDX feed, which will be the responsibility of the client. Any prices quoted are for a 1-agent account using 1 MLS board. Additional Agents and Boards on their IDXBroker.com account will incur an additional monthly fee. If an MLS/IDX Feed has not already been setup by IDXBroker.com with your MLS, a one-time setup fee of $250 may apply and will be charged to your card on file by IDXBroker.com. IDX Fees could change at any time or carry extra surcharges from your local MLS that may be passed along to you. HoopJumper has no control over the fees charged by IDXBroker.com or your local Multiple Listing Service and will not be held responsible by Client for these charges. If Client wishes to use another IDX feed service or to "frame in" their own IDX search, or to have no IDX tools at all on their website, it is the responsibility of the Client to notify HoopJumper of this at the time of ordering.
EXCESSIVE USE SURCHARGE
HoopJumper reserves the right to charge a supplemental surcharge to the client's credit or debit card on file should usage become excessive and a drain on system resources.
NON-PAYMENT OR DECLINED CHARGES
In the event of non-payment for any reason, the client will be notified by email of the impending shutdown of their website. At the end of that notification period, if payment has still not been received, the client’s account may be suspended until payment is made, with a reinstatement fee of $100 charged to their card on file. HoopJumper assumes no liability for any business loss attributed by the client to their website.
DOWNTIME POLICY
HoopJumper understands that a client’s website service is integral to the operation of their business and has done everything possible to ensure that their service continues uninterrupted. Sometimes a virus or a malicious act perpetrated on the Internet may cause your website to run slowly for a period of time. There may also be instances where a server load or a server update causes a website to go offline. In these instances, clients will not hold HoopJumper liable for lost business related to their website not being live on the Internet.
EMAIL POLICY
HoopJumper does not officially supply or support email services and is not liable for any issues pertaining to clients' emails or email services. If HoopJumper does assist in the setup or maintenance of an email, we are absolved of any responsibility for issues with that email address. Any request for technical support in regards to a client's email may incur a fee for service.
CLIENT'S DOMAIN NAME(S)
All fees regarding the renewal of client’s domain name(s) are entirely the domain owner’s responsibility and not HoopJumper's. In the event of non-payment of client’s domain name’s yearly registration fee and suspension of the use of that domain name, or the re-pointing of that domain name to another server, it is understood that HoopJumper is still actively maintaining client’s website and storing all of that website’s files in good faith on the HoopJumper web servers; and it will be understood that HoopJumper’s website maintenance duties are still ongoing regardless of if client’s domain name is still pointing to our server or not, making the client still responsible for their monthly or ongoing maintenance fees until HoopJumper receives email cancellation of their services, and no refunds of any kind will be given for unused maintenance time.
SEARCH ENGINE PLACEMENT
Although HoopJumper has provided many tools and strategies to help clients get optimal search engine placement, HoopJumper has no control over and does not guarantee search engine placement or results, nor does HoopJumper guarantee any number of leads or sales. Search engine strategies offered by HoopJumper are based on available information at the time given, but are not guaranteed.
EXTERNAL SERVICES INCLUDING SOCIAL MEDIA, SEARCH ENGINE COMPANIES, IDX, OR 3RD PARTY PLUGINS
Often, HoopJumper will integrate with other outside services such as search engine companies, social media companies, IDX data suppliers, or a third-party plugin to create synergy with our services. When these outside services change their terms of service, choose to restrict their service for any reason, or decide to begin charging or raising their price for their service, HoopJumper will not be held responsible for what these outside companies do if it leads to an interruption or cessation to the integration with the service HoopJumper has set up for you. If there is a new cost when the service had previously been free, or if the outside service implements a price increase, you, the client, will be responsible for paying the increase or ceasing to use the service. We will make a good faith effort to fix any issue that occurs, or remove the outside service, and this technical support from HoopJumper may be charged to you as a charged technical support event.
INCORRECT CONTENT OR IMAGES
Should HoopJumper post any content for the client on their website, or on any other medium or platform, Client is 100% responsible for the correctness and legality of the content, and should contact HoopJumper immediately to revise or delete any content they wish removed. HoopJumper will expedite such requests within the next business day. HoopJumper will not be liable or held responsible for any content sent via email. All content created for, and supplied by the Client is 100% the client's responsibility to check for errors or omissions. Any images supplied by the client to be used by HoopJumper are 100% the Client's responsibility to supply only authorized images that are not owned by another entity, and used without permission. In the case of a client supplied image that is not authorized, Client is 100% responsible, and HoopJumper is indemnified against any legal action.
RIGHT TO DECLINE REQUESTS
While HoopJumper has a trained staff who are very knowledgeable in many things for most website related issues, if we are not able to fulfill a request, or if the content is objectionable by HoopJumper for any reason, we reserve the right to decline requests that we decide are not in our best interest. There will be no refunds given for work we decline to do.
NO REFUNDS
There are no refunds for unused website maintenance time. If you wish to not host your site with HoopJumper anymore, your Subscription will still be in effect until the end of the Subscription period, including your included hours per month of technical or design support.
CANCELATION
If you wish to have your website taken down on our server during your Subscription term, at your request, we will block it from being available on the Internet and even delete it, though no refund will be issued for unused time on your Subscription. You will still be able to get your included hours per month of technical and design support through the end of your Subscription term, respecting our right to decline support requests for any reason. Clients who cancel their website service will be given upon request a downloadable link with their entire website, and will have 7-days to download the website before it is purged (totally deleted) from our servers. If you wish for us to retain a copy of your website for future hosting, please request this via email to [email protected] and we will contact you to coordinate if this will happen or not.
IT'S YOUR WEBSITE
Our most asked question. Yes, the entire website is yours unless we have specified that a certain software license belongs to HoopJumper and can not be transferred. Upon request, a full backup of your website will be made available as a zip file for one business week following your request. HoopJumper will package up your website files and database into a single zip file and email the link to that file to you for you or an Internet expert of your choice to download and use elsewhere. (HoopJumper will not install those files on another server if we will not be managing the website post-transfer.)
DISPUTES
In the event any action is commenced to enforce the obligations of the parties under this agreement, the parties agree that such action be venued in the county of Polk, Texas. Any controversies or disputes arising out of the terms of this agreement or its interpretation shall be settled in Polk County, Texas, before a single arbitrator in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. By ordering this website or service, all parties waive their right to a jury trial.
QUESTIONS?
Whether it's a Tech Support request, a Design/Content request, or a Question of any kind, please always send an email to [email protected] where your email will go into our Zendesk customer support system and copied to numerous emails to ensure your communication does not fall through the cracks. We promise to reply back quickly so you know we received your message, and also to ensure that there is no misunderstanding that can occur in a voice conversation.
Updated 12/01/2022
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