Services Agreement

Zibster® Services Agreement
Last Updated: June 21, 2017

 

This Zibster Services Agreement ("Agreement") is entered into between you and Zibster, LLC ("Zibster").  This Agreement incorporates the Zibster Terms of Use (www.zibster.com/terms).  By purchasing any one of our Services, which are identified below, you voluntarily enter into this Agreement.

 

Zibster may offer services like "Custom Site", "Website Styling", "Custom Splash Page", "Custom Form Styling", "SEO GO", "SEO Kickstart", "SEO Engagement", and "Logo Design" (herein referred to as "Services", or individually "Service"), in which Zibster would directly help you with your Zibster website. The exact name of the Service may not be listed here, but that does not affect this Agreement. Zibster would perform the Services in exchange for fixed-price fees. Please carefully read this Agreement and any other associated documents before paying for any Zibster Service.

 

Section 1: General Limitations / Specific Limitations Listed

 

The work for each Service will be strictly limited to the tasks listed on the Zibster website in Zibster emails, and on Zibster questionnaires. The website, email, or questionnaire will also specifically list work that Zibster will not do for each Service. If you do not agree with the level of service you will be provided, please immediately opt for our full money-back guarantee within the allowed time period.  Also, A Zibster monthly membership is required and the work is to be performed only in conjunction with Zibster products.

 

Section 2: Service Limited to One Website in One Account; Election of Product and Website

 

Each Service purchased applies to only one Zibster website in one account, including pre-purchased mirror sites. For instance, if you wanted the Website Styling Service for both your primary website and your sub-site, you would need to purchase two (2) units of the Website Styling Service. If you wanted the SEO Service for two websites (a.k.a. sub-sites) on your account, you would need to purchase two (2) units of the SEO Service. If you are a client with two accounts, you would need to purchase two (2) units of any Service to have the Service on each account.

 

At the initial consultation, you must elect which product and website your purchased Service will apply to. After the election at the initial consultation, you may not change which product and website the purchased Service will apply to and will not be entitled to a refund.

 

Section 3: Mandatory Activation Period

 

You have sixty (60) days from the date of purchase to activate your Service by having your initial consultation. The consultation must be scheduled and take place by the sixtieth (60th) day after purchase, or Zibster's work on the Service will be deemed complete and no refund will be given.

 

If the client and specialist are unable to connect due to client unavailability or lack of response within two (2) weeks of receiving the Service Questionnaire, the SEO Specialist retains the right to begin the terms of service sans an initial consultation.

 

Section 4: Limitations on the Amount of Work Allowed For All Services

 

Total Time: All Services have a time limitation for the total hours spent by Zibster.  While Zibster anticipates all Services will be rendered under the allotted time, Zibster reserves its right to complete its Service when the hour limit is reached.  In such case, Zibster will keep track of its agents' time and report to you that the maximum has been reached, specifying the time spent on each task. Please note that for some tasks, multiple agents will be expending time to work on the Service and each agent's time counts toward the maximum.

 

The time limitation for each Service is the dollar amount paid for the Service divided by $125.00. For example, if a Service costs $1500, the maximum time allowed for that Service would be 12.0 hours ($1500/$125 = 12.0 hours). 

 

Rounds of Revisions: All Services except SEO Services have limitations on the rounds of revisions.  The respective limitations should be listed in the email and questionnaire you receive after purchasing the Service.  After working with an agent on your revisions, the agent shall confirm with you via email that you are satisfied with the revisions. Once satisfied, the subsequent publishing shall be deemed a revision. While Zibster anticipates you will be satisfied with the results reached within the allotted revisions, Zibster reserves its right to complete its Service when the revisions limit is reached. Zibster may offer additional revisions for a fixed fee.

 

30 Day Limit Each design Service shall be completed within 30 days of project inception. Project inception is the day of the initial consultation.  Zibster's work on the design Service is complete 30 days after project inception (i.e. the initial consultation).

 

Section 5: Limitations on the Money Back Guarantee

 

Currently, all Zibster products have a fourteen (14) day money-back guarantee (see the last paragraph in Section 11).  The guarantee also applies to Zibster Services; however, once an initial consultation has begun, the money-back guarantee no longer applies.  Because of the nature of the Services, Zibster cannot give refunds after it has begun its work.

 

Section 6: No Intellectual Property Rights Granted; Disclaimer

 

By performing any of its Services, Zibster is not conveying to you any intellectual property rights, such as copyrights or trademark rights.  Any of the backgrounds, color schemes, logos, or any other combinations of design elements provided may be used for other customers.  Zibster does not warrant and specifically disclaims that you will acquire or accrue any intellectual property rights arising from its Services work.  Any backgrounds, color schemes, logos, or any other combinations of design elements may be open source, copyright free, or the intellectual property of Zibster.  To the extent applicable, Zibster grants you a personal, non-exclusive, non-transferable, limited, and revocable license to you use the backgrounds, color schemes, logos, or any other combinations of design elements provided in its Services on your Zibster website.

 

Section 7: Disclaimers; Cooperation Required; System Limitations; No Ongoing Maintenance

 

Zibster shall not prepare copy (words and sentences) as a part of any of its Service.  Zibster may at some point offer a sample terms of use*and privacy policy*, or other form language, which would be an exception to this rule.  In the event that a Zibster agent suggests copy to you or places sample copy in your product, Zibster shall not be responsible for any liability arising out of that copy.  You agree that any copy you allow to be placed on your website is solely your copy and that you will be completely responsible for that copy.

 

*Any sample terms of use and sample privacy policy ("Provided Items") do not form the basis of an attorney-client, contractual, or fiduciary relationship.  If you use the Provided Items, you do so at your own risk, and you agree to hold harmless Zibster and its affiliate companies for any resulting liability arising from your use of the Provided Items.  The Provided Items may need to be customized.  There may be specific state or local laws that the Provided Items do not address.  Your particular website or ecommerce solution may require a specialized version of the Provided Items.  Zibster recommends that you consult with a licensed attorney in your jurisdiction before relying on the Provided Items.

 

Zibster shall strive with Passionate Support® to provide you with satisfaction from its Services.  However, image design and creation are very subjective in nature.  Therefore, we cannot and do not guarantee satisfaction.  Similarly, SEO results or a social media following depend on a multitude of factors which cannot be guaranteed.  Therefore, we cannot and do not guarantee any specific or general results with our Services.

 

Zibster's system is templated, not custom. The templates allow for beautiful, functional, easy-to-use, cost-effective solutions. The Services provide a custom touch within the templated framework. However, the Services are limited by the Zibster templated system.

 

For Zibster to successfully provide each Service, your full cooperation is required.  Zibster needs you to provide it with your images, preferences, ideas, and copy in a timely fashion.  This will give Zibster the best opportunity to provide you with excellent service.  Zibster shall not be responsible for your failure to cooperate, which might include: a failure to communicate with Zibster, a failure to submit content (e.g. copy or pictures) to Zibster, or untimely submissions to Zibster.  Specifically for the SEO Service, you must not change your revised metadata for 30-45 days (as instructed by Zibster) so that the effectiveness of the changes might be seen.

 

Zibster design Services do not include ongoing maintenance.  At this time, Zibster does not offer a design maintenance plan, but may do so at some point in the future.  At this time, in order to have Zibster do maintenance, an entirely new Service must be purchased.