Terms of Service

By using any of Notion Design Group’s products or services (hosting, website design, website updates, logo design, content writing, SEO, marketing services and tools), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Ordering this service via any method (email, online, phone, or in-person) also binds you to these Terms of Service.

Notion Design Group reserves the right to update and change the Terms of Service from time to time with 10-15 days written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

SERVICE TERMS

• You must be 18 years old or older to use the Service.
• You must be a human. Automated uses of the Service are prohibited.
• You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their websites and other IT resources.
• You are responsible for maintaining the security of your account – protecting your username and password.
• You are responsible for all content posted and activity that occurs under your account. You are responsible for any changes made to your website by others acting on your behalf, if any.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• By using the Service, Notion Design Group has the right to place a link to Notion Design Group’s web assets on your site. This typically means that we’ll put a link written as “Design by Notion Design Group” or “Design by NOTION” on the footer of your site near your copyright statement.

WEBSITE PLANS

All Website plans include the following features:

• Customization of a pre-designed template (includes changing fonts, colors, images, logo, and simple layout changes), subject to your approval.
• Content Management System that allows you to make website updates (usually WordPress).
• Unlimited content edits and updates to existing pages (except in the case of refusal of service below).
• Monitored website hosting including weekly backups and necessary software updates.
• Ongoing website security and system updates.
• The initial installation of 1 Google Analytics property.
• On-Page SEO (this includes writing page titles and meta descriptions, optimizing on-page content to be easily indexed by Google, and submitting your sitemap to Google).

SalesSite Plan

SalesSite plans include all “Included” features listed above PLUS the following features:

• 2 pages (Homepage + Contact).
• Make your own content edits (unlimited content edits NOT included).

SoloSite Plan

SoloSite plans include all “Included” features listed above PLUS the following features:

• 4 pages (Homepage, About, Services, Contact).
• Unlimited ongoing content edits.
• Simple Blog that doesn’t require additional custom development or design.

ServiceSite Plan

SoloSite plans include all “Included” features listed above PLUS the following features:

• 8 pages (everything in SoloSite + 4 additional pages)
• Unlimited ongoing content edits.
• Simple Blog that doesn’t require additional custom development or design.
• 1 add-on. All add-ons are listed on our website.

UNLIMITED ONGOING CONTENT EDITS

Our Unlimited Content Edits Plan covers anything that takes 30 minutes or less to resolve and that can generally be handled within the admin panel of your WordPress site.

For example: Adding or editing content like blog posts, pages, etc., editing menus and widgets, installing and activating plugins, and much more.

We’re happy to troubleshoot more complicated issues and then discuss what kind of resolutions we can offer to best fit your needs.

Here’s a more comprehensive list of the most common things our 24/7 team does.

Content Edits:

• Publishing blog posts and new pages from provided Word or Text documents
• Adding/Removing/Editing text on posts, pages, products, etc.
• Uploading provided JPG and PNG images and adding to pages
• Cropping/Resizing images within the WP Dashboard
• Adding provided Yoast keywords, titles, snippets, etc
• Adding/Removing/Editing menu items
• Configuring popups, notification bars, and slide-in features based on provided text, images, and examples
• Create image galleries
• Edit page slugs
• Adding/Removing/Editing users
• Upload PDFs
• Adjust widgets

Settings Adjustments:

• Updating theme options
• Adding redirects
• Add/Remove/Edit form fields
• Edit templates made from visual editors (such as Beaver Builder, Elementor, and Divi Builder)
• Installing simple plugins from the WordPress repository (i.e. “Duplicate Post” or “WordPress Zero Spam”)

We can also take care of the following requests, but they may take a bit longer than our usual turnaround time:

• Custom CSS / JS
• Performing search and replaces
• Adding code snippets through WP hooks
• Installing more complex plugins (i.e. a caching plugin or free WooCommerce add-on)
• Performance / Page-speed related adjustments based on GT Metrix reports
• Minor troubleshooting involving plugin and theme compatibility
• Installing tracking codes (i.e. Google Analytics)
• Testing contact forms and checkout workflows

TURNAROUND TIMES

Turnaround times for Ongoing Content Edits are as follows:

• Emergency Fixes, which include any website issue that is hindering the client from doing business (ex. site down, functionality not working, etc.), will be completed within 24 hours.
• General Revisions, which include any other updates or revisions that aren’t otherwise categorized, will be completed within 3 business days.
• New Page Additions will be completed within 10 business days.

PAYMENT, REFUNDS, AND OWNERSHIP

• A valid credit or debit card is required to use the service.
• You will be billed monthly for the Service. The Service is a subscription.
• If you have purchased a website plan with a 12-month service agreement, you will continue to be billed for the remainder of your agreement, regardless of whether or not you use the service or have requested a cancellation (this is to cover the cost of the initial design and development of your website).
• For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Please see the section below titled “Intellectual Property.”
• Once you have fulfilled the terms of your 12-month agreement, you will obtain full ownership of your logo, website, all website content, and any other related design elements. Upon request, Notion Design Group will provide you with a backup file of your entire website and native logo files. However, Notion Design Group IS NOT RESPONSIBLE for installing, troubleshooting or supporting your website once the agreement period is complete and a backup file is provided.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

CANCELLATION AND TERMINATION OF THE SERVICE

Notion Design Group has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Notion Design Group service (see Right To Refuse Service below). You are solely responsible for properly canceling your account. You are free to cancel your account at any time. All Website plans and Website Add-Ons with an 12-month service agreement will continue to be billed for the remainder of the agreement, regardless of whether or not you use the service or have requested a cancellation (this is to cover the cost of the initial design and development of your website and applicable add-ons). 

If you cancel your subscription with Notion Design Group, you will not be eligible to repurchase or reactivate any maintenance services for the cancelled site for a period of 6 months, unless you’ve reached the end of a 12-month agreement with fully paid account balance. This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular site.

INTELLECTUAL PROPERTY

If you hire us to design your website or logo, you agree that this is a work for hire contract. All rights and the intellectual property that Notion Design Group creates shall be transferred to you upon completion of an 12-month service agreement unless otherwise agreed in writing. The purpose of this clause is to ensure that Notion Design Group is reimbursed for the expense it incurs in designing any of the above stated or below agreed to elements requested by you.

CHANGES TO THE SERVICE AND PRICES

Notion Design Group reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if payment is not received within 30 days of monthly due date or invoice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change at the time of contract renewal after 12-month term upon 30 days notice from us. Such notice may be provided at any time by posting the changes to notiondesigngroup.com and/or emailing you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

RIGHT TO REFUSE SERVICE

Notion Design Group reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds. This may occur if we determine that your website or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services (see General Conditions below). If we terminate services, we will provide you with full ownership of any assets completed before the termination date (this may include logo, website, website content, and any other related design elements that have been completed). Upon this type of service termination, the agreement will be voided and you will no longer be responsible for the completion of monthly payments or the fulfillment of your agreement. However, if your website is not completed, we are not responsible for the completion of the project upon termination.

WEBSITE DESIGN AND RE-DESIGN

All Website plans include the customization of one template. We reserve the right to refuse to offer you this service or refund you any money paid for this service. This may happen if we deem your existing site ineligible for the website design or re-design due to its content, platform, or custom programming and integrations.

For the design or re-design, we reserve the right to build your new site on any technology platform we deem most appropriate. Usually, this will be WordPress. WordPress allows us to perform your updates more efficiently and also allows you the potential to easily add blogs and other features to your new site.

After we receive your completed homepage content and required content from you, we will customize and build your website. We’ll send you a link to review the website on our development server. At that point, you are allowed 1 round of revisions before going live with the website.

GENERAL CONDITIONS

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• We occasionally make mistakes. The Service is not automated, but performed by human technicians.
• If you have purchased a Website Plan, you will continue to be billed for the remainder of your agreement, regardless of whether or not you use the service or have requested a cancellation.
• You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Notion Design Group customer, employee, member, or officer will result in immediate account termination.
• We are not responsible for ensuring that your website is ADA or GDPR compliant.
• You understand that the technical processing and transmission of the Service, including your Content, maybe transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• NOTION DESIGN GROUP DOES NOT WARRANT THAT (I) THE SERVICE WILL BE 100% UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY ERROR-FREE (OUR SERVERS WILL PROVIDE 99.9% UPTIME FOR YOUR WEBSITE), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL ALWAYS BE ACCURATE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS IF THEY ARE OUTSIDE THE REALM OF THE DESCRIBED WEBSITE PLANS.
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTION DESIGN GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
• The failure of Notion Design Group to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Notion Design Group and govern your use of the Service, superceding any prior agreements between you and Notion Design Group (including, but not limited to, any prior versions of the Terms of Service).
• Neither Party shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control including, without limitation, fire, weather, accident, act of public enemy, act of terrorism, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, act or omission of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government office or body.
• Any claim or action arising out of or related to this Agreement shall be submitted by the Parties to binding arbitration in Sarasota County, FL, utilizing the American Arbitration Association rules for arbitration Notwithstanding the above, the forum to enforce the decision of any arbitration proceeding shall be brought in a court of competent jurisdiction in the state or federal courts of Sarasota County, FL. This Agreement shall be construed and interpreted according to the laws of the State of Florida, without regard to its choice or conflict of law principles.
• If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, then that provision shall be enforced to the extent permitted by law, and the rest of the agreement shall remain in full force and effect.

AGREEMENT DETAILS & MAINTENANCE PLANS

The commencement of your 12-month agreement term will be initiated from the date of purchase. Subsequent monthly payments will be conveniently processed via automatic charges to the debit/credit card linked to your account. These charges will occur on the same day of the month that corresponds to the day you initially subscribed to the service.

Upon the successful completion of your 12-month agreement, ownership of your website and its content will be transferred to you. Should you decide to cancel your subscription, a backup file of your website will be provided upon request. If no cancellation is initiated, an automatic transition to our maintenance plan will take place, aligning with the plan you initially selected. The available Maintenance Plans are detailed as follows:

SalesSite Maintenance Plan: This option, priced at $195 per month, covers hosting and post-agreement maintenance.

SoloSite Maintenance Plan: For a fee of $295 per month, this plan encompasses hosting and grants you unlimited post-agreement content edits.

ServiceSite Maintenance Plan: Priced at $295 per month, this plan also includes hosting and provides unlimited content edits after the agreement term concludes.

Beyond the initial 12-month agreement term, you have the flexibility to cancel your subscription at any point, provided you provide us with a 30-day notice.