Last Updated: February 11, 2023
These Terms of Service are between customers of Blixir, LLC (“you” or “your”) and Blixir, LLC (“we” or “us”) and apply to the website(s) specified in your monthly subscription or service you have contracted Blixir, LLC to work on.
Limitation of Liability
These subscription and one-time services are provided with a best faith effort; we’ll do our best to provide everything that we say we will. However, no person, operation, or system is error proof or without flaws, and there is a chance that something may go wrong. These can include corrupted backups, bad plugins, hosting errors, hacking beyond repair, database corruptions, etc.
If something does go wrong, we will do our best to fix it as quickly as possible. You agree not to hold us liable for any damages beyond the fees you have paid us for this service.
In no event will we be liable to you for any lost profits, lost savings, or incidental, indirect, special, or consequential damages, arising out of your use of our services or the breach of this agreement.
Minimum Commitment for Monthly Service Subscriptions
Our services are geared toward building long-lasting relationships with our clients. Therefore, the initial setup and optimization is a time-consuming and laborious process. Therefore, in order to avoid costly and prohibitive setup fees all our monthly service subscriptions require a three-month minimum commitment.
All new customers pay for their initial three months of service at the time of sign-up. Customers may cancel a subscription at any time after the initial three months.
Previous customers who have cancelled and re-signup will be considered a new customer. Additionally, customers who add an additional or new website will also be considered a new customer.
Subscriptions are automatically charged monthly on the day of the month of your original sign up date. You will be automatically charged until your subscription is cancelled.
Shop with Confidence Guarantee & Cancellation
We offer a 30 days money back guarantee should you be unhappy with the Service or product. To request a refund please contact support at support@jspagency.com.
You may also cancel your monthly subscription at any time via your account page or submit a request to support@jspagency.com. Due to the nature of the Service or product no refunds will be made for any fees already paid, excluding the 30 days money back guarantee as stated above.
Once you cancel you will no longer have access to the Service or product, including all content and community resources, once your current membership period is completed.
The 30 days refund period only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
All premium themes and plugins will be deactivated and removed at the end of your last service date.
Payments
We will process your monthly subscription payment using the payment option you selected at signup. Payments will be processed by our payment provider Braintree.
Monthly Development Requests
The “Level Up” and “Hakuna Matata” plans include monthly development requests. The number varies depending on plan and time of sign up. These requests These can include any single question or task that can be completed in less than 30 minutes. Examples include:
- installing and configuring a plugin
- implementing Google Analytics or tracking scripts (Facebook, Email, affiliate, etc.)
- resolving a problem with your web host
- making a style or content edit
- requesting a plugin or theme recommendation
- uploading a file to your server
If we believe a request will take longer than 30 minutes we will let you know and provide a development quote for the project.
Monthly development requests cannot be combined to accomplish a larger development project. Monthly development tasks do not roll-over month-to-month. Monthly development requests must take 30 minutes or less to complete.
If you have a larger project, let us know and we can provide a quote based on your request.
WordPress Updates
Performing necessary updates are one of the best ways to keep your site secure.
All our monthly service subscriptions include managed plugin and theme updates. We will only perform updates for WordPress core and theme and plugin updates which are available within your WordPress Dashboard. Any updates that require retrieving a file from an external source and uploading it to your website and/or server will not be performed.
Updates will be performed at least once a month and generally at least a week after an update has been released, unless the update is a security patch. Some updates can cause issues with other plugins or themes installed on your site. We will try our best to identify and help fix any issues that arise from an update performed. However, a fix may not always be available in which case your site will be restored from a backup and the update will not be performed.
Theme updates will only be performed for minor (“point”) releases.
We are not responsible for any issues that arise from an update that is performed.
Premium Theme & Plugin Library
We have acquired all the necessary licenses to be able to offer these premium themes and plugins to you at no additional charge.
No premium theme or plugin will be automatically installed. If you wish to use one of these themes or plugins a support ticket must be submitted requesting the theme and/or plugin be installed and activated.
All premium themes and plugins will be deactivated and removed at the end of your last service date.
You may not distribute or share premium themes or plugins or their licenses.
Curated How-To Library
The Curated How-To Library is offered as part of all monthly service subscriptions. The content has been personally curated by us for the benefit of our customers.
We may have a working or personal relationship with the content creators. We may also not be affiliated in any way with the content creators.
All content is owned and copyrighted by the content creators or their businesses. We do not not claim to represent, be affiliated with, endorsed by, employed by, authorized by, or officially connected with the content creators, their businesses, or their parent companies.
ActiveCampaign or ConvertKit Integration
With the purchase of the “Level Up” or “Hakuna Matata” plan, we will integrate ActiveCampaign or ConvertKit into your site.
This will include up to 3 hours of development of any mix of the following:
- Implementing forms into your website using a builder (such as Elementor or Bloom)
- Implementing one of the ActiveCampaign or ConvertKit official forms
- Implementing the ActiveCampaign or ConvertKit WordPress plugins
This does not include a custom built integrations.
Creation of your ActiveCampaign or ConvertKit account using our affiliate link is required.
We will earn a commission at no additional cost to you when using our affiliate link.
Free ActiveCampaign or ConvertKit Welcome Sequence Setup (copywriting not included)
With the purchase of the “Hakuna Matata” plan, we will implement a welcome email sequence within ActiveCampaign or ConvertKit.
This will include up to 3 hours of development of any mix of the following:
- Automation sequence
- Email templates
This does not include copywriting of the emails. Copywriting services are available for an additional fee.
Creation of your ActiveCampaign or ConvertKit account using our affiliate link is required.
We will earn a commission at no additional cost to you when using our affiliate link.
Privacy & Security
We take privacy and security very seriously. We will not share your personal information with any third parties, except when necessary to do so to provide our services to you, or when required by law.
You can read more about our privacy policy here.
We take measures to protect and secure your information (both personal information and passwords/site access information) using encryption and layers of password-protection and two-factor authentication when available, and we require our contractors or other third-party services to do the same.
In return, we ask you to use strong and unique passwords for your WordPress site, your hosting account, your email account, and other online accounts — and to never send passwords directly in email.
We often require sensitive information be shared with us such as website login credentials. To share that information securely you can use our self-destruct note vault or share the information over BitWarden.
Account Creation
In order to use the services and/or products offered on the website, you will be required to provide information about yourself including your name, email address, username and password, and other personal information.
You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the service or product, violate any laws in your jurisdiction.
Disclaimer
We make every effort to ensure that the information on this website is accurate; however, we can’t guarantee that there are no errors. Please remember that everything on the site has been provided for informational purposes only. You understand that if you use the information on the site, your results may vary.
Use of Our Services
Unless otherwise stated, we own all of the intellectual property and rights to the content we create, like our knowledge base, which you will receive access to as one of our customers. This information is provided for your personal use only and you may not share it with third parties.
Prohibited Use
You may not use our services in any way that causes damage to either our website, our services, our other customers, or the property of any third parties.
Third-Party Content
We may recommend plugins, themes or other materials that are created by third parties. We are not liable for any third-party services or content, regardless of the recommendation. Please conduct your own research of all third-party providers to verify they are a right fit for you.
Communication
By completing your purchase, you consent to receive electronic communications from us, including any necessary legal notices. We will communicate with you through the email address you provided at the time of your purchase.
No Warranties
Our services are provided on an “as is” basis, which means that we are not making any representations or warranties, either express or implied. We cannot guarantee that our services will meet your requirements or that our website and service will never go down.
We are not responsible to you for any loss of content or material provided to us as part of the services.
Refusal of Services/Products
The Services and/or products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, Product or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Duration of Agreement
Once confirmed, we will provide you access to the purchased Service or product. You agree and understand that access to the Service/product may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Blixir, LLC when there are reasonable delays in the access of the Service or product.
Blixir, LLC reserves the right to terminate the Service or product, and or access to certain features of the Service or product, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service or product. If for any reason, Blixir, LLC should dissolve or cease to exist, then your access to the Service or product terminates.
An Occasional Revision
Your purchase and subsequent renewal of any subscriptions affirms your agreement to these terms. We reserve the right to change these terms at any time, however, if they change substantively, we will let you know and give you an opportunity to opt-out by cancelling auto-renewal payments. You will still be required to continuing the remainder of your prepaid period under the previous terms. No refunds will be provided for unused portion of a previous term.
The Legal Terms
You agree to indemnify and hold us harmless for any damages or lawsuits related to our services, unless they are a result of our negligence or intentional misconduct.
No waiver of any of the provisions of this Agreement by Blixir, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Blixir, LLC.
You cannot transfer this agreement to anyone else or to a different website without our permission. This agreement stays in place and need not be renewed. These terms represent our entire agreement. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
Mandatory Arbitration. Any dispute or controversy arising out of or relating to any interpretation, construction, performance, termination or breach of these Terms of Service, will be settled by final and binding arbitration by a single arbitrator to be held in North Grafton, Massachusetts, in accordance with the American Arbitration Association national rules for resolution of employment disputes then in effect, except as provided herein. The arbitrator selected shall have the authority to grant any party all remedies otherwise available by law, including injunctions, but shall not have the power to grant any remedy that would not be available in a state or federal court. The arbitrator shall have the authority to hear and rule on dispositive motions (such as motions for summary adjudication or summary judgment). The arbitrator shall have the powers granted by Massachusetts law and the rules of the American Arbitration Association which conducts the arbitration, except as modified or limited herein.
All notices with respect to these terms may be sent via email to support@jspagency.com.
