Thanks for choosing SuperWebPros.
Please read these Terms of Service (“Terms”) carefully. By signing up for an account and providing payment information, you’re agreeing to these Terms, which will result in a legal agreement between you and SuperWebPros (“Agreement”).
SuperWebPros (“SuperWebPros,” “we,” or “us”) provides website hosting, maintenance, development, and business blogging services (“Service,” or “services”) to business customers. SuperWebPros is a Michigan limited liability company whose legal name is Leanlogy LLC d/b/a SuperWebPros. SuperWebPros has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Client’ according to this Agreement (or “you”).
These Terms of Service define the terms and conditions under which we provide the Service in accordance with the Agreement and how we’ll treat your account while you’re a Client. If you don’t agree to these Terms, you must decline these terms and, if we’ve already started providing the Service, inform us in writing of your desire to discontinue the Service.
In order to use the Service, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Complete the registration process;
- Agree to these Terms;
- Provide true, complete, and up-to-date contact and billing information; and
- Not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
SuperWebPros may refuse service, close accounts of any clients, and change eligibility requirements at any time.
When you sign up for the Service and agree to these Terms, the Agreement between you and SuperWebPros is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you receive the Service or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Cancelling the Service
You or SuperWebPros may terminate the Agreement at any time and for any reason by giving notice to the other party with at least thirty (30) days’ notice. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. Once your account is terminated, we will provide you a copy of our most recent backup of your database and any other files we’ve used in the Service. Afterwards, you acknowledge and agree that we may permanently delete your account and all data associated with it.
5. Account and Password
You’re responsible for keeping your account information and passwords confidential. You’re also responsible for any accounts that you have access to and any activists that occur on your account (other than activity that SuperWebPros is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll notify us immediately of any unauthorized access or use of your accounts. Accounts, usernames, and passwords that you provide us will be stored in a secured password manager to which you have access. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you become a Client is and will remain complete and accurate.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login capabilities, to protect the security and privacy of the data held within the account.
7. Recurring Plans
When you sign up for a Monthly or Annual Plan (“Recurring Plan”), you agree to recurring billing. Billing occurs on the same day each month or year, based on the date that you started the Recurring Plan. Billing for Recurring Plans may be paused, and you may choose to close your account permanently at any time, with 30 days notice.
Our charges for Monthly and Annual Plans are posted on our Website and may be changed from time to time. If any part of a month or year is included in the Term, then payment is due for the full month or year.
8. Credit Cards
As long as you’re a Client with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduce recurring charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charge on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be process.
We’ll give you a refund for a prepaid month or year if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Customer requests one.
10. Charges for Plugins
If you use a plugin that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the plugin is active.
11. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
12. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
SuperWebPros warrants that we will not knowingly infringe upon the copyright or trade secrets of any third party in performing services under this Agreement. To the extent any material used by SuperWebPros contains matter proprietary to a third party, SuperWebPros shall obtain a license from the owner permitting the use of such matter and granting SuperWebPros the right to sublicense its use. SuperWebPros will not knowingly infringe upon any existing patents of third parties in the performance of services required by this Agreement, but SuperWebPros makes no warranty of noninfringement of any United States or foreign patent.
13. Proprietary Rights Owned by You
15. Right to Review Content
We may view, copy, and internally distribute Content from your account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Clients who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Clients and their contacts.
16. Non-solicitation of Employees
Client agrees not to knowingly hire or solicit members of the SuperWebPros Team during performance of this Agreement and for one year after termination of this Agreement without SuperWebPros written consent.
17. Services Covered in this Agreement
The list of Services provided by each of our Monthly or Annual Plans (“Recurring Plans”) are posted on our Website and may be changed from time to time. We may change our Service at any time by posting a new Service structure to our Website and/or sending you a notification by email.
Websites that require more than twenty (20) informational pages, three (3) landing pages, or fifty (50) e-commerce products may be subject to additional fees and require a custom pricing agreement independent of the prices posted on our Website or stipulated in “Payment” above.
Such websites and their stipulations may require additional amendments to this Agreement.
18. Services Not Covered in this Agreement
Unless otherwise mutually agreed upon and reflected in an amendment to this Agreement, SuperWebPros will not:
- Create new modules or write new custom code to modify existing plugins, extend the WordPress or Shopify core, or create custom software applications for the Client.
- Create creative brand assets, such as (but not limited to) logos, videos, custom photography, or other Content not described in section 17 above.
- Create, monitor, or otherwise implement social media or other advertising posts or Content not described in section 17 above.
19. Deadlines and Deliverables
SuperWebPros will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received. We will begin work within 1 business day and provide and estimated completion date for any action item that will take longer than one business day to complete.
Maintenance requests received after 5:00 EST may not be reviewed until the next business day unless prior arrangements have been made. For work that will take longer than 24 hours to complete or is scoped in the bi-monthly strategy sessions, the actual deadline will be determined together with the Client. SuperWebPros will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that we have any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change. To facilitate timely completion of deadlines and deliverables, Client will provide and feedback, Content, or other material we require within three (3) business days of notification that feedback, Content, or other material is required from Client. SuperWebPros is not responsible for delays caused by Client delinquency.
20. Sole Provider of Services
While this Agreement is in force, the Client agrees that SuperWebPros will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site without our express consent. If a party other than SuperWebPros makes changes to the website, any errors that are created must be repaired and may require additional charges.
21. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our stated policies, regardless of whether we terminate or suspend your account due to such violation.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
23. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
24. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
25. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.
27. Complete Agreement
The Agreement and any Additional Terms you’ve agreed to by enabling any plugins make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding plugin.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
29. Modifications to this Agreement
Modifications and amendments to this Agreement, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
30. Choice of Law
This Agreement will be governed by the laws of the State of Michigan.
31. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Limitation of Liability, Indemnity, Choice of Law, Severability, and Complete Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
33. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your account, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to any of your customers, you’ll promptly do so.
34. No Agency
Nothing contained herein will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our address: Attn. Legal Department, SuperWebPros, 325 East Grand River Ave, East Lansing, MI 48823, or any addresses as we may later post on the Website.
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Thanks for taking the time to learn about our policies. We look forward to working with you!