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Terms of Service

Before Anything Else: These Terms are Legally Binding.

AUTHORIZATION

You are engaging Chili Pepper Design, LLC as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Chili Pepper Design access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

COPYRIGHT

Chili Pepper Design does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

The finished assembly of web pages produced by Chili Pepper Design, LLC and graphics shall be considered a “work for hire”, to be vested with the Client only upon final payment, including but not limited to design, photos, graphics, customers, and text, which have been specifically designed for the Client, PROVIDED that rights to work-up files and computer programs shall remain the property of their respective owners.

Client further agrees to immediately remove any material submitted by Client to Chili Pepper Design, LLC and subject to a claim of ownership by third parties upon notice from Chili Pepper Design, LLC.

Chili Pepper Design, LLC retains the right to display representative samples of graphics and other web design elements produced by Chili Pepper Design, LLC as examples of their work in their portfolio for their own marketing, advertising, or promotional materials.

The client represents to Chili Pepper Design, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Chili Pepper Design, LLC for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Chili Pepper Design, LLC and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

HOSTING RESOURCES

Your website will be hosted on our private managed server with a free SSL certificate. A backup of your website will be scheduled daily, storing 7 consecutive days, 2 weekly, and 1 monthly backup at any given time. The bandwidth and disk space used should be the normal operation of a personal or small business website. You may not consume excessive amounts of server resources in any way which results in server performance issues or which interrupts service for other clients. If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage, pay an additional fee, or move your website to a VPS (Virtual Private Server) for an additional fee.

ADA COMPLIANCE STATEMENT

Chili Pepper Design, LLC will do its best to create a site that meets WCAG 2.1 AA compliance but cannot guarantee meeting that compliance level due to a number of factors including WordPress, the theme of the site, content updates, or plugins added or preformed by the client that may affect compliance.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without notice. Once a client of Chili Pepper Design, you authorize Chili Pepper Design, LLC to charge the payment method you submitted for all the invoices generated for the services rendered by Chili Pepper Design, LLC. In order to cancel your recurring payment or change payment method, simply contact Chili Pepper Design, LLC prior to your payment due date.

NON-PAYMENT, DELAY, SUSPENSION

In addition to any other rights granted to Chili Pepper Design herein, Chili Pepper Design reserves the right to suspend or terminate this Agreement and your access to the Service, if your account becomes delinquent (falls into arrears). Access to the Administration interface (if provided) will be suspended immediately if an invoice is delinquent and is re-enabled when such delinquent invoices are paid in full.

Chili Pepper Design reserves the right to suspend or terminate your public website if delinquent invoices are 60 days overdue. Delinquent invoices are subject to interest of 24.00 percent per annum on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension.

If you or Chili Pepper Design initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Cost section above. You agree that Chili Pepper Design, LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Chili Pepper Design reserves the right to impose a re-connection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Chili Pepper Design has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 60 days or more delinquent.

If the project is delayed more than 30 days in order to get your project restarted will require a Restart Fee of $500.

CANCELLATION & REFUNDS

Cancellation of any monthly recurring service, with the exception of a Pepper Plan (pepperplans.com), can occur at any time after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started unless otherwise specified in any authorized by Chili Pepper Design.

REFUSAL OF SERVICE

Chili Pepper Design reserves the right to refuse service to any individual, website, or blog that contains offensive, obscene, hateful, malicious content or for any other reason.

THIRD PARTY OR CLIENT PAGE MODIFICATION

With a WordPress-based website, the client will independently edit or update his or her web pages after completion of the site unless otherwise agreed upon in this agreement by the client and Chili Pepper Design. If anyone other than Chili Pepper Design or its subcontractors attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $150 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

Chili Pepper Design does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the web pages and website is with the client.

To the extent not prohibited by law, in no event will Chili Pepper Design be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however, caused, even if Chili Pepper Design has been advised of the possibility of such damages.

Chili Pepper Design does not represent, guarantee or warrant that the functions contained in these web pages or Internet websites will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Chili Pepper Design disclaims any liability relating thereto.

This Work Statement Agreement is governed by the laws of the state of Maryland without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Chili Pepper Design or relating in any way to your use of the created webpages or Internet website resides in the courts of the state of Maryland.

ERRORS AND OMISSIONS

It is the client’s ultimate responsibility to thoroughly review the work in progress and final product or service before approving it. Chili Pepper Design, LLC will do its best to identify and eliminate any content-related error and omission. However, Chili Pepper Design is not responsible should any such error or omission go undetected and become a part of the final materials.

MALWARE POLICY

STANDARD WEBSITE CARE PLAN

The Standard Website Care Plan fee does not cover the client’s site in the event that it has been hacked. Should the client’s site become hacked, we will charge the client a separate fee based on Level 2 developer support with a minimum charge of 1 hour for the work done to restore the site to proper operations.

  • If it’s discovered the client site has been hacked, we will notify the client to discuss the situation.
  • If the client discovers the hacking (there is clear, visible content on the site having nothing to do with the client’s business), notify us as soon as possible.
  • Chili Pepper Design is not responsible for any damage of any kind that the client’s business suffers due to the hacking of the website.

ADVANCED WEBSITE CARE PLAN

The Advanced Website Care Plan fee includes daily malware scans and remediation in the event that it has been hacked. Should the client’s site become hacked, we will run thorough scans of the website to target and quarantine any suspicious files or scripts.

  • If it’s discovered the client site has been hacked, we will notify the client to discuss the situation.
  • If the client discovers the hacking (there is clear, visible content on the site having nothing to do with the client’s business), notify us as soon as possible.
  • Chili Pepper Design is not responsible for any damage of any kind that the client’s business suffers due to the hacking of the website.

THIRD PARTY WEBSITE BLOCKING

Chili Pepper Design will correct the issue on your site to the best of our ability, however, the client is responsible for contacting any third-party security scanners and website audit companies to initiate new scans or to remove or prevent blocking.

Upon request, we can provide guidelines on how to identify and contact these providers, or we can contact them on your behalf for an additional fee.

ACCEPTANCE

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Chili Pepper Design reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the Chili Pepper Design terms of service by emailing pam@cpdesignco.com.