Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Website In One Week service (the “Service”) operated by Jess Zimmerman (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

Communications

By creating an Account on our service and paying for it, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send, unless you decline this on the initial Order Form. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). This includes the monthly Care Plan. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. Your account will be charged for that month's service on the first of the month. All payments must be by credit or debit card only.

You will be sent an invoice by email for the Care Plan on the first of the month, beginning on the month after your site becomes live. For example, if your site goes live on May 17th, you will receive the first invoice for the Care Plan on June 1st. This invoice will offer the option of automatic billing. Enabling this option will result in your card being automatically charged on the first of the month. If you wish to cancel this service and revert to manual billing, please contact us. If you wish to cancel your website, the billing for the Care Plan will also be canceled.

If you choose manual billing for the Care Plan, you will receive a late reminder on the 5th. If the invoice is not paid by the 1st of the following month, your website will be canceled and taken offline.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Website In One Week cancels it. You may cancel your Subscription renewal by contacting Website In One Week customer support.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Website In One Week with accurate and complete billing information including full name and a valid payment method information. By submitting such payment information, you automatically authorize Website In One Week to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Website In One Week will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Support

Support is available for the Website In One Week product only to members with active subscriptions. Official support is provided via our online support portal. For customers subscribed to the Basic Care Plan at $59 per month, all support requests must be submitted through our support ticketing system. Customers who subscribe to the Premium Care Plan may access phone support during hours stated on the Care Plan page. Support is provided on a best effort basis and Website In One Week makes no guarantees about time to response or resolution.

To request support, click the Support link at the bottom of any page on the Website In One Week website. This will open a support ticket for you.

Backups

Your website will be backed up daily. Since the internet is unpredictable and subject to forces outside our control, daily backups enable us to quickly restore your site in case of a problem. You also have the ability to edit the content of your site. If these edits by you completely mess up the site, requiring a backup restore, this will incur a $25 charge.

Fee Changes

Website In One Week, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Website In One Week will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

If you are not satisfied with your website, we will issue a refund for the full amount of $799 at your request. The period for the refund begins on the day your website goes live and extends for 30 days. You will receive an email the day your site is live, specifying both of these dates. No refunds will be granted after the 30-day period has expired. Any refunds requested before your site is live are at the sole discretion of Website In One Week.

Refunds for other digital products and add-on services may be considered by Website In One Week on a case-by-case basis and granted at the sole discretion of Website In One Week.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

The Client is responsible for providing all of the content for their website. We will make suggestions and small edits to your content, but you must provide it.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Website In One Week has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service (excluding content owned by the customer) is the property of Website In One Week or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Privacy

Any and all information supplied to the Service, including usernames, passwords, and other personal or business information, will be held Confidential by us and will not be shared with any other parties without the explicit written permission of the Customer.

We may offer additional services, such as marketing, that are provided by third parties. If you buy any such service, we will only provide the minimum information necessary for them to provide the work.

We will never sell, rent, or give away your email address or other personal information. Period.

In order to connect your Website to your email list service, we will require the username and password to that account. This information will be protected as listed above.

We employ industry-standard safeguards to protect your payment card data. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Website In One Week.

Website In One Week has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Website In One Week shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may do so by emailing us at support@websiteinoneweek.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Website In One Week and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Website In One Week, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Website In One Week its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@websiteinoneweek.com.

Last updated June 20, 2020