TERMS OF SERVICEThese Terms of Service (“Terms”) serve as a binding contract between FirstOnePage ("FOP") and you (“Client”). When placing an order, accepting an invoice, and making payments through FOP, the Client accepts these Terms.
Acceptance of TermsIt is important that the Client read and understand these Terms. Terms are limited to those contained within FirstOnePage’s statement. Clients who present additional and/or different terms than the original material will be given notice of objection and/or rejection.
When a Client accepts the delivery of any service and/or project coinciding with FOP invoices or other documentation, Client accepts these Terms; and is bound to the statement of work and agreement of sale, unless FOP and Client have authorized and signed a separate binding document that states otherwise.
If Client rejects the Terms set forth in this document, FOP has no obligation to enter into a Client Agreement or Purchase Order, and may refuse to enter into a Client Agreement or Purchase Order.
Important Information about Terms of ServiceFOP reserves the right to change the Terms without prior notice. The Terms that are posted on the FOP website at the time of Client’s first payment will govern the service/project in question.
These Terms make up the full agreement between the Client and FOP pertaining to services and projects purchased through the FOP website. The Client agrees to receive electronic records, which may be obtained via a web browser or email application connected to the Internet.
Product & Service DescriptionsFOP provides website design and development, logo design, popup integration, and other included features as described in the features section of the FOP website. Other services may include, but not be limited to: regular website maintenance.
Client understands that FOP’s services may include certain communications from FOP such as advertisements, notices, service announcements, and newsletters. Client understands that any FOP services may be suspended or terminated if Client does not adhere to payment terms and schedules. Client is responsible for all equipment and software necessary to access FOP’s services.
Electronic DeliveryFOP is a web-related business and communicates with Clients electronically. When a Client accepts the Terms, Client consents to receive any notices, progress reports, agreement, disclosures, or other communications (“Notices”) from FOP. Client agrees that FOP may send Notices in any of the following ways: to the email address provided by the Client at the time of sale, or the new email address account that Client establishes through FOP. Client agrees to check the designated email address(es) regularly for Notices. All Notices from FOP are effective at the time they are sent by FOP, whether or not the note is read by the Client.
Call Monitoring/Recording Privacy StatementAs part of FOP’s commitment to provide Clients with the best service possible, FOP may monitor and/or record telephone calls to and from FOP. FOP may also archive recorded voicemail messages. FOP records phone calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may prove useful in supporting transactions that take place over the telephone. FOP undertakes such actions in order to identify how to better serve Clients.
Abuse of Service and/or Right to Refuse ServiceClients may not transmit, reproduce, or exploit any information, software, or other materials obtained through FOP for commercial purposes (excluding purposes permitted by the provider of such information, software, or material). FOP assumes no obligation to monitor the services.
FOP reserves the right to refuse service without notice or to remove any information at its sole discretion.
Zero Tolerance for AbuseFirstOnePage does not tolerate abusive Clients and expects all Clients to respect and abide by the Terms set forth within FOP’s website and Client contracts. Clients who verbally abuse members of the FOP team, or do not follow the guidelines pertaining to completion of projects and/or communicating support requests may have services terminated immediately without refund.
FOP does not tolerate abusive, offensive, or dangerous behavior or language. Abusive communication, in any form (email, phone, in-person, or otherwise), is not tolerated.
Legal MattersAt any time, if Client or FOP feels it is necessary to escalate matters or disputes to the legal system, FOP will immediately freeze all services, communication, and transactions with the client until such time as the case has been decided and/or resolved. FOP is not responsible for presumed lost profit, incomplete work, or email communication during this time. The same applies if a client threatens or implies that they are seeking legal counsel. FOP will not work for a client under threat of a lawsuit or other legal actions.
If Client seeks legal counsel, Client is responsible for all fees associated with the process.
Unacceptable PracticesFOP strives to offer the best services. There are certain guidelines and policies that govern FOP’s efforts and relationships with Clients. Practices that are in violation of these guidelines and policies are forbidden and will result in the immediate termination of FOP’s services. Client acknowledges and agrees that FOP has sole discretion over decisions regarding compliance of these guidelines and policies. Unacceptable practices include, but are not limited to:
- Adult and/or pornographic material including, but not limited to: sexually explicit or suggestive material;
- Sex-oriented products or material;
- Nudity, including airbrushing (exception allowed on a case-by-case basis, i.e. medical or artistic purposes);
- Offensive or otherwise distasteful material;
- Bulk emailing tools;
- Distribution of Internet viruses or other harmful and/or destructive activities;
- Lotteries or similar activities;
- Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, chauvinistic, ethnically offensive and/or otherwise objectionable content and/or language;
- Defamatory, hateful, or vengeful content or language;
- Content or language inappropriate for minors (exception allowed on a case-by-case basis with proper documentation, i.e. wine e-commerce with age verification form to enter);
- Illegal activities such as Ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties;
- Intentional or unintentional violations of any applicable local, state, national, or international laws;
- Reselling email and hosting accounts to third parties;
- Reselling any FOP services including, but not limited to: design services and updates to third parties without a written re-seller agreement;
- Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk email;
- Links to other sites that are in violation of FOP’s guidelines and policies;
- Other activities, whether lawful or unlawful, that FOP deems to be in poor taste, or that reflect adversely on FOP or FOP Clients;
- FOP reserves the right to refuse services anytime, based solely on FOP’s discretion.
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person's copyright, trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FOP; or
- is otherwise malicious, fraudulent, or may result in retaliation against FOP by offended viewers or recipients, or is intended to harass or threaten.
Content "published or transmitted" via FOP’s network or equipment includes web content, email, bulletin board postings, chat, tweets, and any other type of postings or transmissions that rely on the Internet.
Copyrighted MaterialClient may not use FOP’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- Client has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- Client is otherwise permitted by established copyright law to copy the work in that manner.
It is FOP’s policy to terminate, in appropriate circumstances, the services of Clients who are repeat offenders.
Email RetentionThe following rules apply to the retention of emails connected to FOP mail servers:
- All read email will be retained indefinitely as long as you do not exceed the maximum storage quota for your mailbox, which is determined at the time of setup.
- Client is responsible for emptying email trash folder.
- Client is responsible for monitoring and/or deleting email contained in spam folder.
- Client must have valid and current information on file with domain name registrar for any domain connect to FOP.
- Client may only use IP addresses assigned to you by FOP in connection with your FOP services.
- Client agrees that if the FOP IP numbers assigned to Client account are listed on an abuse database (like, for example, Spamhaus), you will be in violation of
- FOP Terms, and FOP may take reasonable action to protect its IP numbers, including suspension and/or termination of Client services, whether or not the IP numbers were listed as a result of Client actions.
Service Level AgreementNo credit and/or refund will be available under a FOP service level agreement for interruptions of service due to Client’s failure to maintain associated services with FOP or third party vendors.
As a FOP Client, you agree to conduct your business in a legal and professional manner. As a FOP Client, you acknowledge and agree that all information, data, text, software, music, sound, photographs, video, messages and other material on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold FOP harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. FOP retains the right to terminate any accounts that are in violation of these Terms. At FOP’s sole discretion, at any time; FOP may discontinue providing services, or any part thereof, with or without notice. If an account is terminated by FOP for Terms violation, Client is not eligible for any type of refund (exceptions allowed on case-by-case basis as determined by FOP).
Client acknowledges that FOP may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the Terms, provide customer service or protect the rights, property, or safety of FOP and the public.
Intellectual PropertyFOP respects copyright laws and the intellectual property of others. FOP may terminate services and/or accounts for copyright infringement.
FOP will not use copyrighted or trademarked materials on any Client's website without the express written consent of the copyright or trademark owner. It is Client's responsibility to ensure that all content submitted to FOP is original content and free from third party copyright or trademark protection, or to obtain permission to use copyrighted or trademarked materials from the copyright or trademark owner. Client assumes full liability for any infringement of any third party's copyright or trademark rights as a result of the use of protected materials on Client's website including, but not limited to: any infringement due to website content, website design or the look and feel of Client's website.
Client content that is sent to FOP will remain the intellectual property of Client. FOP does not return original content to Client. Unless a request to return the original content to Client is made in writing upon submission of the content, the content will be destroyed. FOP will attempt to honor requests to return original content; however, FOP has no liability and does not guarantee the return of any content to Client.
International UseRecognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all laws regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business.
Interstate CommunicationsClient acknowledges that by using FOP’s services Client will be causing communications to be sent through FOP’s computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of FOP’s services results in interstate data transmissions.
PROJECT TIMELINESFOP, generally, allows up to 30 days for each new website project, start-to-finish. If a project reaches 45 days, it may be subject to termination without refund. Should termination occur, client will not receive any completed portions of the project.
PAYMENTS & FEESFirstOnePage accepts payments via Stripe only. FirstOnePage reserves the right to add, remove, and/or change payment methods at any time without prior notice.
Service and ProjectsPayment is due in full before FirstOnePage will begin work on a Client project.
Recurring/Monthly ServicesAn invoice will be sent to the Client when each payment is due. Monthly payments will be due on the same date each month.
Returned Payments or Insufficient FundsShould there be a returned payment or insufficient funds, the account will be suspended until payments are brought current. A fee of $35 will be charged to Client if the matter is not resolved within 7 days from the invoice date. FirstOnePage will terminate the account if payment and fees are not received within 30 days of the monthly due date.
The Client’s account may be transferred to a collection agency, at which time FirstOnePage will accept no further payments and/or correspondence from the Client. All fees associated with collection will be the sole responsibility of the Client; including but not limited to, attorney fees and court costs.
REFUNDS & CANCELLATIONSFirstOnePage does not offer refunds for completed work or services.
One-time services and/or projects that are not complete may be canceled by the Client for a fee equal to the amount of work completed at the time of the Client’s request. If payment of fees is not received within 30 days of the final invoice, legal action may be taken at the expense of the Client. Upon Client cancellation, Client forfeits the right to any work completed by FirstOnePage. All work done by FirstOnePage will remain the property of FirstOnePage.
Recurring services may be canceled by the Client at any time; however, please be aware that FirstOnePage does not prorate payments. Services will terminate when the Client’s current 30-day cycle is complete.