Terms And Conditions

Nail Soup Media TERMS AND CONDITIONS
Last Updated: 1/03/2023
 

INTRODUCTION 

The Terms and Conditions describe how we regulates your use of this website www.nailsoupmedia.com. Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

  1. PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

  1. [YOUR ACCOUNT] 

[When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.]

  1. SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..

  1. THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

  1. PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

  1. THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

  1. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

  1. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

  1. MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

The company retains provisional use rights of all material given to us to use as marketing  material for us to showcase what we do.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

  1. Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this  Terms or our practices in relation to your personal data, please contact us at: [email protected]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

  1. Contact Information

We welcome your comments or questions about this  Terms. You may contact us in writing at [email protected].

13. Performance Guarantees

If we offered a performance guarantee we work as a team and our “if we don’t perform we buy it back guarantee” (in writing on letterhead and signed by us) there are stipulations. First you need to supply us with everything we asked for. Next you have to zoom with us twice a month to go over progress and update us on the  market. Send us monthly sales information of clients in the correct format and notify us of sales and just listed as they happen. Send photos of clients at closing and send local happenings so we can use for hyper local content in social media. We also need feedback of the content we create and work with our team so the end result is a win win for all of us. Additional terms are as follows;

The agreement between you and Nail Soup Media;

PART1 in plain English (well sort of):

 

Nail Soup Media (NSM) will have your basic site up in 7 days after payment posts from our merchant account to our bank account. If you asked us to set up payments for the initial set up we reserve the right to not fully complete the initial phase till all partial payments are received.

 

Email setup (from whoever you use as we don’t supply email hosting) and general functions viewable by visitors will be in working order. It will not be complete but will be enough for clients to see that you are on your way to having a full site and that they can sign up to be notified of the official launch. Throughout the next 60 days you and our team will be talking by email and phone to mold the site to fit your specific market and niche services you offer. Modules will be added, custom work created and other products added till the scope of work as described by the scope of work within the NSM Questionnaire. Your ability to have your MLS integrated into your site depends on the review process of your MLS Board. Expect the site to be finished within a timeframe of 60 days (or longer if in writing within the NSM Agreement, or augmenting emails as the project progresses from changes you ask to make once you see what you thought you wanted is not quite what you want) provided there are no changes from you as each week we add custom interfaces to your site.

 

You may be required to supply information that relates to the products you are having us make. If we are not supplied the required information from you when we request it we will request it again and put that particular section on hold till you respond. If after three emails you have not responded then we will proceed and create it to the best of our ability. If it is not to your liking you understand NSM has the right to charge you to go back and change the section in question to your liking.

 

Your site will be built to the specifications described in the NSM Questionnaire.  If you change your mind and ask for items outside of it then NSM retains the rights of discretion to create it at no charge or require payment for the additional work requested. NSM is not liable for omissions in the scope of work as described in the questionnaire. So it’s best to take the time to fill it out right.

 

Deadlines and Milestones. NSM may give dates as to when we expect things to be available to view or will be completed. However certain phases, modules, custom content, MLS integration with your regional service and other components to your site may be relying on 3rd party services and therefore out of our control. Because of that or because of extraneous factors that may arise within NSM, consider statements made as to a date or time when something will be done as purely estimates and not to be taken as definite.  We will do our best but because our sites are made unique and rely on 3rd parties; THEIR dropping the ball causes delays with our commitment to you. We do our best to meet our estimates but they are not to be considered in stone. Any promotions you have planned you should let us know now or allow a 30 day phase shift so you don’t waste promotional dollars.

 

Errors and Omissions within your site.  Once we inform you we are done with the project there will most likely be errors or items missing.  We try but with any website having many collaborators to create it, it is an industry standard occurrence when building custom sites.  It is your responsibility to bring these things to our attention and NSM has the duty to correct the site within a reasonable time. This could take up to 3 business days but usually within 24hours. You MUST put the requests into the HELP CENTER of your site. NO PHONE CALLS or texts unless absolutely necessary. We are not trying to be difficult, we must have a paper trail so incase one month you say you want blue polka dots that you can’t say you didn’t say it two months later.

 

Bugs and Critical Errors. If your site is not functioning properly and needs immediate attention you MUST submit a trouble ticket in the help center and mark it “CRITICAL.” If we don’t send an email back within 12 hours saying we are working on the problem then you should call us immediately and contact customer support to talk to a live tech support technician.

 

Minor Changes. You need the phone number changed or the company photo uploaded. These are consider minor changes and are done free of charge so long as it is not a weekly occurrence. NSM reserves the right to charge for obsessive change requests but will try to accommodate you by including 20 minutes of customization a month to accommodate adjustments that arise. We do not manage your listings in the website nor handle your leads. You acknowledge it is your responsibility to check the system regularly and keep abreast of the sites information. During our performance guarantee we will contact the client if they email the website as a “hot” lead and after we try to reach you to see if you have contacted them, however it will not be for every lead or for you to rely on. You are responsible to contact leads in a timely manner.

 

Performance Guarantee Scope and Conditions.  This applies to packages we designate as having a guarantee after a specific time period. We create a website, social media and modules designed to create specific traffic for the type of business you have told us in the NSM Questionnaire you want the site to go after for you. We promote your site to the search engines every 30 days to get your site ranking in the search engines. For the guarantee period (6 month for Competitor package, 12 month for the Dominator package) we add new content periodically through the month that is promoted that day. We also during this time analyze your website traffic monthly and edit or add content based on that analysis in order to optimize your site. We review your lead managers and check to see that you are getting legitimate clients. If you have a new domain name your site will take longer to get ranking because of the “sandboxing” rule as described by Google. If your domain has been active for over 11 months when you transfer it to our system our efforts will take effect quicker. Expect traffic to be from 50-500 hits a day for the first few months.  In 6 months your traffic will be anywhere from 650-2000 hits a day. By the end of the 6th month you will have search engine placement within the top 20 results of at least 2 of the 3 main search engines (Google, MSN and Yahoo).  You will also get real clients contacting you to get more information about your services. Repeat clients and referral inquiries will go up because of our work. Most will be phone leads and less email zombie leads (just email but they never respond). You will get “leads” but on top of that you will get legitimate clients that can lead to a sale provided you have the resources and salespersonship to accommodate them.  We are not responsible for your abilities to convert what we deem a legitimate client into a sale.

 

The abovementioned is the terms of the performance guarantee. If the guarantee includes search engine placement, we are not bound by exact hits numbers as described but are bound by search engine placement. If by the end guarantee timeline (depending on the package you choose)we do not get you placement as described then you are entitled to a refund of your initial payment minus monthly fees (whether charged or not) and we take back all aspects of our work, including any benefit derived from it. To give better scope, by the 6th month your internet presence will show the ability to produce 2 real prospects a month. For the Dominator package this means by the 12th month the site will show the ability to provide an average of $10,000 a month in internet related real estate sales commissions. Commission Income is defined as 3% of total sales (includes additional sales derived from the buying or selling client, i.e. you get a listing client that you sell their home that then buys a home you’re your efforts, etc.) The 6 or 12 month period starts after the 60 day installation period.

 

Factors that affect the enforcement of the performance of the Guarantee:

 

  1. Collapse of the Internet (doubt this will happen but attorneys are attorneys and told us to put this in here)
  2. Collapse of the market for your product; “Black Monday”, “9/11”, Coronavirus types, Stock Market adjustments, real estate market adjustments, hurricane catastrophes like Katrina, Media “discovery” that you, your team or product or area is harmful or no longer desirable that would cause the public to act adversely to your website search engine placement. This means but is not limited to if a hurricane comes and wipes out your area, people won’t be looking for real estate at that moment which would in turn affect clients contacting you and the results otherwise expected from our performance.
  3. Changing pages by you, your employees or anyone you “hire” that claims they do website work. There is proprietary code in the background of the site that is “hidden” and basic programmers or the average person would not be able to see (we restrict the viewing of our code). If anyone works on the site in any way that change the site layout will void our performance guarantee.
  4. Hiring a Search Engine Optimization company or buying outside Search Engine Optimization services, products or software or trying a “trick” a friend told you about.
  5. Your IP address, domain name or email address is blacklisted in national lists repeatedly and for longer than a few days
  6. Changing the 5 areas your initial set up of your site to be keyword intensive for.
  7. Having your listings and client search functions off-site.
  8. Taking too long to get your regional MLS to set up and “integrate the raw data ftp feed”
  9. MLS / IDX feed becomes unreliable because of changes on their side, sitemaps derived from IDX provider not working, IDX provider elements causing issues, non payment or changes by your broker restricting use
  10. Lack of monthly payment.
  11. Your domain name renewal becomes due during this time and you don’t get it renewed in time and they put it in unrecoverable status for over 1 week. Additionally, your domain becomes suspended from your registrar for more than a week (we are not responsible for keeping your domain name active or renewed)
  12. You are a mass marketer and send spam in any way.
  13. Furthermore, if you engage in any activity that gets you “blacklisted” from any internet activity. This is described but not limited to; adding text links that are dead or against Google policies. Incomplete pages. Newsletter campaigns sent in a non-compliant manner either before or during this contract. Too many links to outside websites.
  14. You go against the design and architecture we propose and want it “your way.” We will try to accommodate your design and interface requests but our success has a lot to do with certain content, pages and modules being present on your site. You may want pink bunnies or dinosaurs on your real estate with banjo music or not want our research library, links page or vertical scroller on your site. Either scenario affects our performance. We will send an email that will cite this section of our agreement and if you confirm that yes you want pink bunnies and don’t care about our silly little agreement then you understand we are not liable for performance results (nothing against pink bunnies) and release us from it.
  15. You lose or never establish your google business profile, facebook, instagram, youtube, linkedin, zillow, tiktok account. These are core accounts that are crucial to your success.
  16. You don’t supply us with client lists monthly and pictures of them at closing or in front of their property.
  17. Don’t send local monthly happenings in the 5 communities so we can create content with.
  18. Don’t reply to reviews and social media clients by your audiences on each profile.
  19. Don’t create content with the people or companies you work with (lender,etc.)
  20. Don’t send at least 4 facebook groups that are local and the heart of the community you service so we can join as your page and keep in touch with
  21. Buy Fans or followers
  22. Don’t invite followers to your other accounts to accounts that would enjoy knowing about the others.
  23. Not documenting what you have do in your business; rehabbing a home, fixing something, styling someone’s hair, working a church event, etc.
  24. Reply to one team member in emails when they were sent with other members that are a part of the work to be done (not hitting reply all)
  25. Not responding after 2 business days when one of reaches out to you.
  26. Not whitelisting all emails from nailsoupmedia.com and [email protected]

 

Cancellation.  You understand that once you enter into this agreement via electronic signature or faxed signature you are bound to it and the Eula below and cannot cancel at any time until the Performance Guarantee date has been reached. You are liable for prompt payment of all monthly fees associated to the contract. If you fail to pay your contract, as defined below, that act will be considered a breach and you agree we are entitled to the full extent of the contract. This means if in month 4 you are getting cold feet you still have to hang tight with us till we come through because some areas take longer and we are acting in good faith by spending month after month working on it to come through. Remember, no one gives this guarantee so we have to have some protection for our interest too.

Termination calculation. Our guarantee has us refunding the setup fee MINUS any monthly payments we have not collected (even through us postponing payments during the guarantee period). Upon your notice that you want a refund we can take up to 90 days to review and confirm you are entitled to a refund.

How we track to substantiate our position:

Our system records the IP identifiers of everyone that logs in; ftp’s in and changes content within your site. If someone other than our identifiable team changes something then that is considered a breach.

Other conditions:

  • NailSoupMedia will monitor search engine positions to ensure your position remains competitive. Because everyone else is trying to vie for the top positions with gimmicks and tricks, your site will lose position (if no one in our business tells you this then check their sleeves when playing cards). However through our efforts of re-promoting, search engines catching the violations that others use to get fake placement and delisting them, your site will resurface to proper positioning. This is because most sites don’t have the over 500 pages of content in the background supporting the unique content we make for your services and clients you want to reach. However, when it resurfaces depends on the search engines catching the violations and also when they are reading our submissions to them reporting the violations and request for those sites to be delisted. Remember, search engines run on a 30 to 45 day cycle, so results of new work will not be apparent immediately.
  • Actions that cause IP’s to be blacklisted and any or all sites or email on it to be “sandboxed/restricted” in any capacity.
  • NSM offers standard technical support via email only. Phone support is under the discretion of Nail Soup Media and may be at an additional cost. FTP and file access is limited to protect proprietary software and architecture trade secrets. Tech support to those that you hire to do additional work to your site after our guarantee period will be at an additional charge and you accept liability for the affect of their work as it relates to your site and our other clients if their work affects them.
  • Domain name ownership is based on if you had it before or we purchase it at your direction as evidenced by email. If we purchased it and it is not defined in an email who owns it, then it is property of NailSoupMedia. Otherwise you can take your domain name with you if you cancel. You are responsible to keep up the renewal of the domain name regardless of who bought it.
  • There are no long term contracts after the guarantee period is up. You can cancel at any time. There will be no refund of the prepaid hosting fees upon cancellation & you must give 30 day email notification to [email protected] and proof of receipt.
  • Any content you create after site is up or purchase from a third party is yours and cannot be used by NailSoupMedia for any purpose unless in the event of default*. Content that we create while building your site is property of NailSoupMedia and you understand this content (text, site look, modules) will be used on other sites we create. Obviously content related to you specifically will not be on sites in your market and no site will have your specific information (company name, logo, etc.) unless its by your permission.
  • This contract is governed by the laws of the State of Florida.
  • You shall not use this Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.
  • You may not resell the website in any form or create copies for use on another site or for sale.

 

DEFAULT We are released from this license upon lack of payment of any kind. Default is defined from lack of payment in any form (credit card authorization denial, check bouncing, etc.). You have 5 days to remedy the situation. If you are in default and your site can be cancelled and reassigned. Failure to pay monthly hosting constitutes a breach of this agreement whereby your website can be removed from the internet entirely. All search engine standings can be lost and internet traffic could cease. Until fees are paid, the domain name and content will be retained as collateral. If licensee does not pay after 30 days of notice via email sent to your designated email or certified mail (at our discretion), you forfeit your domain name and all created content as payment toward amount owed. If collateral does not cover the amount owed, You agree that after 30 days of notice we can assess interest on the unpaid balance at a rate of 18% APR.  Furthermore, hosting fees will be required to be paid upfront for the next 12 months from the time you pay for the remedy of default.

 

Monthly charges, depending on what level of service you signed up for is payable on by the 5th of every month. You understand we do not send invoices and you are responsible for prompt payment through our Auto Pay system. Failure to receive payment as described elsewhere in this agreement shall constitute a breach of this agreement and shall constitute your desire for cancellation.

 

Licensee Liability Acknowledgement for using 3rd Party Programming Services-Web Product Providers

 

By using 3rd party vendors for anything related to your web site license agreement with NailSoupMedia you assume full liability for anything that their interaction may cause. This includes the malicious use of ftp access or from giving your login information.

 

Examples are but not limited to:

 

  • Their coding affects the server performance.
  • They take our code and use it for purposes other than for the site they were given access to.
  • Uploading software that can be interpreted as malicious; viruses, monitoring software, spy ware, remote accessing, stealth software, alias mailers, time or logic bombs, Trojan horses, worms, timers, clocks, trap doors, or other instructions, devices or techniques that are designed to erase data or programming, infect, disrupt, damage, disable or shut down a computer system or any component of a computer system, including its security or user data, or otherwise cause such items to become inoperable of being used in accordance with their normal use and specifications.
  • Destruction of coding, architecture or intellectual property.
  • Anything action that affects the performance of your site or any site on the server that your site is hosted on.
  • Replicating in any way designs, architecture and/or coding that they see while working on your site that they then use to develop and market competing products.
  • Actions that cause IP’s to be blacklisted and any or all sites or email on it to be “sandboxed/restricted” in any capacity.
  • Loss of Search engine performance, lead capture, MLS feed issues and other functions that are currently working on your site or all sites on the server your site is on.

 

You understand we do not offer tech support to 3rd party providers and will not take calls, emails or help center requests that involve programmer level instruction. That is considered anything other than client help requests, defined by our experience from years in the business knowing when agents and their staff have questions versus industry personnel.

However, we will offer rudimentary guidance to help them acclimate to the structure but will not be held responsible in ANY way for their ability to understand and implement any communication we have with them.

 

If 3rd party entities need instruction at the level no higher than described above then they MUST enter all requests from the help center within your site.

 

First they must register as 3rd party service provider by faxing their Legal business name, Principal’s name, physical address, phone number, business license or verifiable federal Employer ID, person(s)assigned that will be working on the project and must pay a setup fee of $175 for ftp access and verification of credentials.

 

We reserve the right to designate requests by you or staff as “3rd party development” if they are of a higher nature than our experience from the hundreds of clients’ we lease our licenses to. We will notify you in writing through your help center and that to proceed we will need to charge support fees of $125/hr to help them.

 

We reserve the right to cancel FTP access and 3rd party access to all parties including you if we have reason to believe this agreement has been breached.

 

Damages, Fees and Legal

 

By allowing 3rd party providers you agree to be completely liable for damages they may incur to the site you license with us and damages to us as a Company. Instances are but not limited to: your individual site’s performance and the server it resides on, damages claimed by other clients of ours for lost opportunity from their sites being limited to serve them because they are on the same server as yours, FTC issues that would involve us taking time out and assign man hours in researching and documenting internet malice (examples are they installed a stealth software program that sends spam or hacks into computers or anything else that would involve the FTC contacting us). Other instances are 3rd parties taking our “intellectual property” or variations of and reselling it, developing competitive products from their access to the back area of the site, trying to solicit business from our existing client base, “stealing code” and any result that negative affects NailSoupMedia.

 

If damage is done you will be liable for our fees to remedy it at a rate of $125/hr plus the cost of any software, outside vendor support fees, or client compensation for the inconvenience that we have to incur to restore our operations before the damage occurred. If we have to get involved with redoing the MLS feed then you agree to prepay $399 before we work on it and realize that may not be the limit of charges to make the MLS integration operate properly. Furthermore you also understand that the use of 3rd party interaction may cause the MLS to deny a further use of its feed to your website.

 

Timing of restoring damage– If the damages are just to your site we will give the first instance “critical priority” status, however, if the damage is severe we will put your issues in the queue and address them in relation to the scope of damage and to what extent it affects others on the server. Once we size up the damage and it will be over an hour of programming time we will require prepay of two hours’ time. Therefore it could be a 10 minute fix for free or 2 hours prepaid or if it is extremely severe, having to reconstruct the server and rebuild 100 websites which could take 3 weeks or more.

 

If the damages affect other clients-We will put those sites that you affected before you and we will send you an invoice that you must pay before we fix your site.

 

If the 3rd party takes our code or makes competing products because they were allowed access to the back end of the site, you agree to be held liable for damages as seen fit by industry standards. 

 

Legal Fees regarding your hiring 3rd party providers-although our licenses hold us harmless for situations like this it doesn’t stop an ignorant or arrogant person to try to sue for damages from your actions anyway. Therefore you assume all costs that we might incur fighting frivolous actions. Examples are: legal filing fees, attorney consultations that will be needed to review each claim and administrative time it takes to coordinate any and all things related to efficiently handle all claims presented to us legitimate or not.

 

Processing. Termination is considered when non payment of fees occur or you feel we have not met our guarantee requirements. We will notify you of non payment out of courtesy but it is up to you to know that if there is non payment due to declined card or NSF that it constitutes breach. Only a verifiable bank letter stating they were liable will restore the contract. We reserve the right to enforce this or not. If a refund is in order in your opinion based on the above terms, we reserve the right to review the case for up to 90 days from when all material is supplied from you. You agree to provide any documentation needed to evaluate your claim versus your benefit received from our product and services. This includes but not limited to; sales information, lead interviews, broker communication and income verification. Our legal counsel. if needed, will then submit findings to you along with remuneration from the evaluation. This process can take 180 days. The fastest time to expect funds is 60 days because the first month of COVID people panicked and wanted their money back although we did work. Now any refunds have a 60 days period.

 

Lastly, Part2: to appease our lawyers so we don’t sue them for not covering us for all the weird stuff that can happen that you and we wouldn’t think of:

 

IMPORTANT READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual person or a legal entity, who will be referred to in this EULA as “You” or “Licensee”) for this website and the technology incorporated within it that displays this EULA, including any associated media, printed materials and electronic documentation (the “Website”) and future additions and content additions now and hereafter. The Website may also include website updates, add-on components, patches, bug fixes, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Website to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing this control panel or otherwise using this Website, You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, access or use the Website or the Administration Console. For purposes of this EULA, the term “Licensor” refers to NailSoupMedia, and any authorized agents, except in the event that You acquired the Website from an authorized third party or any website product originally licensed NailSoupMedia on your computer system or computer system component, then “Licensor” or refers to such authorized distributor. Any claims relating to the information available on the Web Site (“Claims”) shall be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules. Any claim or controversy arising out of or relating to these Terms and Conditions shall be settled exclusively by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event NailSoupMedia or one of it’s agents purchased your domain name at your direction, {DomainName} (and any other domain names registered by NailSoupMedia or its agents) it was registered by BusinessBlazer.com which is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for the .com, .net and .org TLDs. ICANN oversees the .com, .net and .org TLDs. As an accredited domain name registrar, Business Blazer is, upon accepting your domain name registration application, your sponsor for that application and all involved parties are bound by the BusinessBlazer Agreement regarding this domain name. Should this license agreement be canceled by any party for any reason, You shall maintain control of the domain name(s), however, all transfer charges and renewals shall be the sole responsibility of You who shall negotiate with BusinessBlazer directly for any charges or renewal fees should they apply.

 

  • You shall not use this Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions. Upon termination, you will be required promptly to return any media distributed to you or to destroy any and all copies of the website covered by this License Agreement. If you are a government agency, you acknowledge that the Product was developed at private expense and that the website is provided to you subject to RESTRICTED RIGHTS. The rights of the government regarding its use, duplication, reproduction or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer software/website clause at DFARS 252.227-7013, and (c)(1) and (2) of the Commercial Computer software/website — Restricted Rights clause at FAR 52.227-19. Contractor is NailSoupMedia. You acknowledge that the software/website is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the software/website, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. All rights are reserved as per the Uniform Commercial Code – UCC 1-207.

 

Licensor may provide You with support services related to the Website (“Support Services”). Use of Support Services is governed by the policies and programs described in this agreement, in “online” documentation, or in other materials from the support services provider. Any supplemental software/website code provided to You as part of the Support Services are considered part of the Website and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use technical information You provide to Licensor as part of the Support Service for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You. For software/website licensed from the company or website.

 

All title and intellectual property rights in and to the website (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the software/website), the accompanying printed materials, and any copies of the software/website are owned by Licensor or its agents, partners or suppliers. All title and intellectual property rights in and to the content that is not contained in the software/website, but may be accessed through use of the software/website, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this software/website contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the software/website. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers. Further, you agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software/website, lists of users, databases or other lists, products or services provided through or obtained from Licensor, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from Licensor. You may not sell or lease this website to another party. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the web site in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of this web site. The license is non-transferable. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by Licensor for this web site without prior written agreements.

 

The Web Site is operated by Licensor and affiliates from various offices within the United States and abroad. Licensor makes no representation that the information in the Web Site is appropriate or available for use in other locations, or with various products. Access to the Web Site from territories where the contents of the Web Site may be illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. is understood and agreed that Licensor, Incorporated will in no way be held liable or accountable for website programming or content, and does not guarantee the security of information or of the network connected to the Internet. Licensee may not lease, rent or resell this website without the express written consent of Licensor. Client agrees to defend, indemnify, save, and hold Licensor harmless from any and all demands, liabilities, losses, costs, and claims that may arise or result from any service provided, performed, or agreed to be performed or any product sold by the Licensor or its agents. This includes liabilities arising out of injury to person or property caused by products sold or distributed. Material supplied by client violating or allegedly violating the proprietary rights of a third party; copyright infringement; and defective product sold or distributed via Licensor. Client agrees to comply with all local, state, national, and international laws regarding use of the Internet, including but not limited to trademark, copyright, patent, tax, and tariff.

 

Licensor reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. “Spamming” or the mass mailing of unsolicited messages is not permitted by the Licensee through the e-mail system provided and can result in termination of services. Also, the use of a mass mailing of unsolicited e-mail messages to advertise/promote your, regardless of point of origin, can result in termination of your services. In regards to bandwidth (transfer allowance) there is a limit of 50,000 hits per month after which each additional 1,000 is an OPTIONAL cost of $1.00 US Currency. All verbal agreements are invalid without an express written agreement. There are no long term contracts.

 

Acceptance of this EULA voids any and all claims against NailSoupMedia that may arise from the existence and/or use of this website by Licensee or by any third party.  You hold NailSoupMedia harmless for any liabilities concerning but not limited to: content, interfaces, 3rd party providers that support the platforms, availability of the site to clients and data loss from server issues.

 

  • CERTAIN LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE LICENSEEES WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND THEREFORE Licensor IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO THE LICENSEE WEB SITE. CERTAIN LINKS IN THE WEB SITE WILL LET THE USER LEAVE THE LICENSEEES WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Licensor AND THEREFORE Licensor IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO THE LICENSEE WEB SITE.

 

Licensor reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Web Site. Licensor reserves the right to modify the rules and regulations governing the Web Site at any time. Modifications will be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to these rules and regulations. In addition, Licensor reserves the right to make improvements and/or changes in the Content of the Web Site at any time.

 

LISENSOR SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, SPAM FILTERS, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, software/website, OR RELATED INFORMATION, SERVERS, RECORDS OR PROGRAMS. ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. LISENSOR DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, THIS WEB SITE PERMITS REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. Licensor DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH LICENSEE AS TO THEIR ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THEIR WEB SITE.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND NSM WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.

14. Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this  Terms or our practices in relation to your personal data, please contact us at: [INSERT CONTACT DETAILS FOR COMPANY’S INTERNAL COMPLAINTS MECHANISM]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

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