CARE PLAN TERMS OF SERVICE

These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Mind Your Brand, LLC.  (You and Mind Your Brand, LLC each a “Party” and collectively the “Parties”). These Terms govern your use of any Mind Your Brand, LLC services (“Services”), with Agreement and any other service provided by Mind Your Brand, LLC, including any updates. The Services may be referred to as the “Products.” By signing, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

DESCRIPTION OF THE SERVICE

SUMMARY

We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In these terms & conditions, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

SCOPE OF WORK

The care plan’s scope of work is outlined on https://mindyourbrand.com/care-plan/. Any requests that fall outside what is listed on that page are “out of scope” and may warrant a quote for that particular request. Care plans are not all-inclusive, they do not include for instance a complete redesign of your website. Care plans include only what is listed on https://mindyourbrand.com/care-plan/.

CARE-PLAN ABANDONMENT

If the client fails to pay the bill for over 30 days or fails to respond to multiple requests or communications, the care plan is considered abandoned, and the services provided by Mind Your Brand, LLC will be terminated immediately (at 30 days). We will make every reasonable effort to contact the client via phone and email before this happens. Mind Your Brand, LLC may decide to resume the care plan if the client pays an additional abandonment fee equal to the amount of 1 month’s payment, as well as any overdue invoices. The project will only resume after full payment of all invoices, and the option to resume remains at the sole discretion of Mind Your Brand LLC. Mind Your Brand LLC may choose not to resume for any reason, including but not limited to if this happens repeatedly.

After care-plan abandonment happens, Mind Your Brand, LLC will not facilitate the transfer of the website to a new web design company, or developer. It should be noted that every client is in possession of their own website files, since they are always sent to the client at the launch of the website. The client is always free to use these files to launch their website on a different server with the help of any WordPress professional whenever they choose. Doing so will not remove the responsibility of the client to pay outstanding bills.

Mind Your Brand, LLC reserves the right to legal action against clients that refuse or simply do not pay outstanding invoices after more than 30 days.

Likewise, if a representative of Mind Your Brand ,LLC fails to respond to multiple requests for services that fall under the benefits of the care plan, for over 30 days all monies shall be refunded to the client for that month promptly. Communications must be made to official Mind Your Brand LLC channels, namely Christina@mindyourbrand.com If you are experiencing communication problems, contact Christina Toth directly at Christina@mindyourbrand.com and/or call (215) 828-6970.

PROMPTNESS

We make no guarantees as to the number of hours or days each support request will be handled in. We try (and generally succeed in) fulfilling requests that are covered under a client’s care plan in one to two business days for simple requests. More complicated requests, or requests that are outside the scope of the care plan, can take longer. Still, we try our best to be prompt, since we know it can have an impact on your business, and therefore your happiness with Mind Your Brand LLC..

CARE-PLAN TERMINATION

In the extremely unlikely event that we decide the relationship is not working out, Mind Your Brand LLC reserves the right to terminate the care-plan and discontinue providing services for any reason. Minimum 2 Weeks notice will be given to the client before termination.

Likewise, if at any point during the relationship, the client may terminate the care plan for any reason. The full payment for that month (which is paid at the beginning of the billing cycle) is non-refundable. To terminate your care plan, contact Christina@mindyourbrand.com

Upon terminating the care plan, Mind Your Brand LLC will help transfer the website to a new server by providing a complete up-to-date backup of the website to the client via email, usually using Updraft Plus as a way to back up the site. This backup is the complete website and belongs to the client. It can be used by a WordPress professional to launch the website on a new server. Mind Your Brand LLC is not responsible for helping other professionals troubleshooting installing, or setting up your website on a new server – we find that most often problems arise due to incompetence. Our advice is to find a highly reputable company for the transfer process.

The client is NOT entitled to use the plugin and theme license keys owned by Mind Your Brand LLC. The client MUST purchase their own license keys in order to continue receiving security and compatibility updates for paid plugins. Mind Your Brand LLC will provide a list of license keys that are needed at the time of termination. A WordPress website will function without license keys but will lack ongoing important security updates, and possibly encounter compatibility issues in the future. For more details, see the terms and conditions of each paid-plugin working on your website.

LEGAL NOTICE

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free, and so we can’t be liable to you or and/or third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

This policy is subject to change, and any changes will be reflected in this location: https://mindyourbrand.com/care-plan-terms-and-conditions

Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.