Congratulations on choosing Locus Marketing!
1. Acceptance of Terms
This Terms of Service (TOS) agreement is between you (Client) and Locus Marketing, LLC (Locus), an Oregon limited liability company, and its legal successors and assigns. Locus may do business under the names Fitness Website Formula, SZ Creative Solutions, or Fitness Cash Creation, among others.
By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Locus’ services, including but not limited to, submission of content to Locus’ design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Locus provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at https://www.locuswebmarketing.com/tos Failure to comply with the TOS may result in account termination. By using Locus’ services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Locus is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all Locus services including the purchase of additional services or additional websites or accounts at a later date.
2. Description of Service
Locus designs and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that Locus’ services may include certain communications from Locus such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Locus’ services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Locus’ services.
3. Electronic Delivery Policy
Locus is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Locus any notices, agreements, disclosures, or other communications (Notices). Client agrees that Locus may send electronic Notices in either of the following ways 1) To the email address provided to Locus at the time of sale or 2) to the new email address account Client set up through Locus. Client agrees to check the designated email addresses regularly for Notices. Notice from Locus is effective when sent by Locus, regardless of whether the Notice is read or received by Client.
4. Intellectual Property Policy
Locus respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Locus may terminate accounts for copyright or trademark infringement, or for any other reason Locus deems appropriate as it may relate to Client’s use of another’s intellectual property.
Locus 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 Locus is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).
Client content that is sent to Locus will remain the intellectual property of the Client. Locus does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Locus will attempt to honor requests to return original content; however, Locus has no liability and does not guarantee the return of any content to Client.
Domain names purchased by Locus and website designs, databases, stores, or programs created by Locus are the property of Locus until Client has paid all fees including hosting. (See Domain Names Purchase/Hosting Agreement)
5. Website Construction Procedure
With help and input from the Client, Locus will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to Locus through Locus’ online Web Center or cloud file sharing.
In submitting content, links to sample sites the Client likes are for general information purposes only and assist Locus with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Locus’ invoice and/or Database Specifications Summaries and do not infringe upon the intellectual property rights of others.
Locus will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
6. Completion Timeframes
Client understands, agrees and acknowledges that Locus does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of Locus personnel, accounting status of Client’s account, etc.
If Client does not respond to Locus communications and, as a result, Locus is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly marketing charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, e-commerce or the use of a database, the overall development time will be extended.
7. Website Change Requests Before and After Website Goes Live
Locus agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Locus’ standard hourly rate. Locus is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Locus does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
8. Technical Support
Locus’ technical support department should be contacted at firstname.lastname@example.org for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Locus provides technical support for email and down time issues that are caused by Locus. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues for Clients that do not use our hosting service.
If Client uses Locus’ technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Locus does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
9. Customer Service
Locus strives to offer the best service available. Customer service complaints or concerns should be emailed to email@example.com
10. Use and Storage
Client acknowledges that Locus may establish general guidelines and limits concerning use of Locus’ services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Locus’ servers on Client’s behalf. Client acknowledges that Locus is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Locus may be lost if data loss occurs after a scheduled backup by Locus.
11. Server Security Practices
Locus utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Locus will not modify its shared-hosting server settings and configurations to Client’s individual preferences. Locus routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.
Locus at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to Locus standard hourly rates and Client agrees to pay for any and all such customizations requested.
If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Locus at its sole discretion may require Client to utilize certain services to improve the security of Client’s website. Such services may include security certificates, hosting Client’s site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client’s website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. Locus reserves the right to terminate Client accounts that refuse to meet Locus’ security requirements for Client’s website.
12. Domain Names
Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay Locus for domain names purchased and/or renewed by Locus on Client’s behalf. Locus cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Locus will assist the Client in selecting and purchasing an alternate domain name.
Domain names purchased by Locus on Client’s behalf and website designs, databases, stores, or programs created by Locus are the property of Locus until Client has paid all fees including hosting.
Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Locus has met in full its obligation to Client, and Locus is released of all past and future obligations to the Client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Locus reserves the right to transfer domain name(s) to Client at anytime.
If Client ceases to pay monthly hosting or other fees due, ownership of any domain names purchased by Locus on Client’s behalf or controlled by Locus are transferred to Locus. Locus may allow domain name to expire, may renew domain name and remain the owner, or Locus may sell the domain name at its sole discretion and for Locus’ sole benefit.
13. 90-Day Post-Launch Satisfaction Guarantee
Locus provides a 90-day satisfaction guarantee. Locus will continue to change and modify the Client’s website to Client’s liking, within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting or marketing package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Locus’ standard hourly rate over and above the initial design fee paid.
14. Billing Policy
The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly marketing services are billed and due every month on the date of the original sale. Monthly hosting services are billed and due every month on the date of the website is taken live. The Client hereby requests that Locus renew and bill monthly fees every month thereafter, unless the Client cancels in writing after the minimum required term of monthly fees have been paid. The amount of the initial design set-up fee and monthly service fees as well as the length of the service contract are detailed on the original invoice confirming amounts of sale. All monthly services require a 30 day cancellation notice.
Locus reserves the right to change prices at any time including monthly fees amounts and hourly design fees with a minimum of 30 day advance notice. All prices are in U.S. Dollars (USD) without regard to fluctuations in foreign exchange rates.
Locus accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Locus via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly service fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Locus’ billing department. Client should not email new billing information for security purposes.
Locus reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.
15. Billing Disputes
Locus charges up to a $25.00 fee for returned checks. If Locus does not receive payment in full when due, Locus may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Locus may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Locus for collecting from Client. Locus does not agree to, and will not honor, any limiting notations made by a Client on a check.
If Client wishes to dispute a charge Client must first contact Locus’ billing department and must allow 5 to 10 business days for a response. To avoid any dispute about Client’s attempt to contact Locus, Client must send the request in writing to:
Attn: Billing Department, Locus Marketing, 859 Willamette St. Suite 360 Eugene OR 97401.
Requests should be emailed to firstname.lastname@example.org.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Locus, at its sole discretion, may suspend work on the website until the billing dispute has been resolved. Client agrees to pay Locus for any charge back fees resulted from Client’s errors.
16. Termination/Cancellation of Services
Locus, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Locus believes Client has violated the TOS. Locus may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Locus’ services under any provision of this TOS may be effected without prior notice and that Locus may deactivate or delete Client’s account and all related information files. Client agrees that Locus shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Locus may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 60 days, in which case Client remains responsible for any unpaid balance owed to Locus. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s contractual obligation has been met even if account has been suspended or terminated. Locus also reserves the right to discontinue the designing of Client’s website at any time, at Locus’ sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Locus.
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Locus.
Client agrees to pay all marketing and hosting service fees owed from the time of sale until the cancellation effective date or the end of the minimum required service duration, whichever is later. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Locus in writing or via email to terminate the account services and avoid further monthly hosting charges.
Requests for cancellation of website hosting services or additional services should be sent to the following address:
Attn: Billing Department, Locus Marketing, 767 Willamette St. Suite 203 Eugene OR 97401
Requests may be emailed to email@example.com. If Client chooses to send request by email, Client is required to speak with a representative of Locus in order to ensure the request was legitimate.
17. Cancellation Effective Date
Client may terminate hosting or marketing services with 30 days written notice, after any minimum contract duration has been met. The effective date of cancellation is to be 30 days from the date of Locus’ receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and Client agrees to pay.
If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Locus to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.
18. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT – Refunds of the fees paid for development of the website may be issued on accounts cancelled within 30 days of the initial sale and prior to the completion of the website according to the following schedule:
A) A minimum of a 25% cancellation fee will be retained by Locus on cancelled accounts even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 50% cancellation fee will be retained by Locus on cancelled accounts if work has been presented to the Client; or Locus has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Locus and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Locus. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.
D) 100% cancellation fee will be retained and NO REFUND will be issued by Locus if Client cancels after 30 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 25% will be retained by Locus on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate Locus for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, researching design ideas, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs. These activities are assessed $125/hour.
ENHANCEMENT SALES – A 100% cancellation fee will be retained by Locus and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Locus on all cancelled enhancement purchases if cancelled within 30 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Locus if Client cancels after 30 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.
MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Locus, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Locus’ its officers, owners, members, agents and employees.
19. Disclaimer of Warranties
CLIENT’S USE OF LOCUS’ SERVICES IS AT CLIENT’S OWN RISK. LOCUS’ SERVICES ARE PROVIDED “AS IS”. LOCUS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOCUS DISCLAIMS ANY WARRANTIES REGARDING LOCUS’ SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LOCUS DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LOCUS’ SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. LOCUS DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. LOCUS DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH LOCUS’ SERVICES, OR LINKS PROVIDED BY LOCUS’ SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY LOCUS OR OBTAINED THROUGH LINKS PROVIDED THROUGH LOCUS’ SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LOCUS’ SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
20. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT LOCUS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE LOCUS’ SERVICES, RELIANCE ON LOCUS’ SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LOCUS’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH LOCUS’ SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO LOCUS’ SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO LOCUS’ SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCE SHALL LOCUS BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, OR OTHER CASUALTIES, ILLNESS, ACCIDENTS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING. LOCUS’ FULL AND COMPLETE LIABILITY, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE FULL REFUND OF ALL MONIES PAID TO LOCUS.
Last Update: Sept 30, 2017