TERMS OF PARTICIPATION
Please READ carefully. By purchasing and registering for this service, the following Terms and Conditions (the “Terms”) are entered into by HauteDigitalDesignx LLC (“Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to individually as a “Party” and collectively as the “Parties” in these Term
PROGRAM
Company agrees to provide the program titled, “Website in 4 Days” (herein referred to as the “Program”) as outlined on the web page where You register, which includes:
Customization of a website template provided by the Company
A 1-hour brand strategy call if deemed necessary
A 30-minute website strategy call
A provided brand colors palette, consisting of 4-6 colors, 2-3 fonts, and a brand vision.
Customized desktop and mobile versions of your customized website template, including complete mobile + desktop optimization of the Home Page, About Me Page, Services Page and Contact Page.
Access to instructional videos to help aid and guide you through maintaining your website template.
FEES & PAYMENT METHODS
You may choose between a single payment of £3,997.00 (due immediately and when paid in full) or 2 equal monthly payments of £2,110.00. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following payment 30 days later, for a total payment of £4,220. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any of the promised features.
The client is paying via Stripe.
Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in a payment plan (listed above). If payment is not submitted on a payment plan on time after we’ve tried to collect it, the remaining balance + 30% will be sent to a collections agency of our choosing.
All of the personal information that the Client provides as part of the payment process may be collected by both the Company and Company’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle our customer’s personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from Ours. The company has no liability or responsibility for the independent policies of the Company’s third-party payment processing providers. The client is encouraged to read the independent policies on third-party payment processing providers’ websites.
We do not tolerate or accept any type of chargeback from the Client’s credit card company. If the said client needs to terminate this agreement prior to the Program, the client releases all money already paid in order to secure the day on the Company’s schedule. For this, there are no refunds whatsoever.
Client agrees to abide by these Terms and to pay Company’s invoices on time and agrees to the late payment clause in this agreement, listed below.
Due to the nature of the Program and the services provided by the Company, there are no refunds, for any service provided by the Company under this Program. .
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Program access will be terminated.
If the Client has an unpaid invoice for more than 10 days, we hold the power to drop the client relationship, and the project will be terminated.
Independent Contractor Status:
It is explicitly understood and agreed that the Company operates as an independent contractor of the Client and not as an employee or agent. The Company retains full control over the detailed execution of the services, including the methods, facilities, and resources employed. The Company agrees to comply with all applicable laws, regulations, and tax obligations arising from the services provided under this Agreement, both by the Company and its employees or subcontractors. The Company is not authorized to act on behalf of the Client, make representations, enter into contracts, or assume liabilities on their behalf.
Work Product and Proprietary Information:
It is understood and agreed that upon the Client's full payment of all compensation due under this Agreement, including the entire website created in Showit, all deliverables produced by the Company become the sole property of the Client. If any deliverable embodies intellectual property rights, including copyrights and other proprietary rights, the Company hereby assigns all rights, titles, and interests to the Client.
The Company retains the right to use the deliverables produced under this Agreement for marketing, promotional, social media, and educational purposes. However, all data will be anonymized, excluding the Client's name, domain URL, and non-confidential information. The Company is obligated to protect the Client's private data at all times. The Client agrees that the Service Provider can use the website, both during and after its development, for marketing materials as they see fit.
Furthermore, any client-specific information developed, obtained, or provided to the Company under this Agreement shall remain the property of the Client and will be subject to the Client's sole control once the project and agreement commence.
Client Consent and Authorization:
The Client hereby authorizes, releases, and consents to the Company's use of their name, likeness, image, voice, and written content for promotional or advertising purposes.
Confidentiality:
During the course of this Agreement, the Company may receive confidential information from the Client or its clients, which is vital for the Company to perform its services.
"Confidential Information" encompasses all information, technical data, know-how, and any other material related to the Client's research, products, hardware, software, designs, inventions, ideas, processes, drawings, business plans, product implementations, financial information, marketing techniques, business operations and systems, pricing policies, as well as information concerning employees, customers, and/or vendors, whether disclosed in writing, orally, through inspection, or by any other means.
Confidential Information includes any information whose unauthorized disclosure could harm the interests of the Client, regardless of whether it is explicitly identified as Confidential Information by the Client.
Confidential Information does not include information that Company can demonstrate:
i. was in Company’s possession prior to it being furnished to Company under the terms of this Agreement, provided the source of that information was not known by Company to be bound by a confidentiality agreement with, or other continual, legal or fiduciary obligation of confidentiality, to Client;
ii. is now, or hereafter becomes, through no act or failure to act on the part of either party, generally known to the public;
iii. is rightfully obtained by Company from a third party, without breach of any obligation to Client; or
iv. is independently developed by the Company without use of or reference to the Confidential Information.
The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. The company will take reasonable steps to maintain such confidentiality and obtain similar commitments from any employee or subcontractor to whom such information must be disclosed in the course of performance.
Non-Exclusivity:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.
Assignment:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.
Notices:
Any notice required or desired to be given under this Agreement shall be considered effectively given when provided in writing and shared via email. Notices to the Client shall be sent to the email address on file or provided during registration for the Program. Notices to the Company shall be sent to the following email address: boldxbliss@gmail.com.
Termination:
This Agreement may be terminated if it is determined that working together with Diha is not a suitable fit. Please note that no returns or refunds will be provided for any products or services.
Entire Agreement:
This Agreement represents the complete understanding between the Parties regarding the subject matter and supersedes all prior or contemporaneous proposals, agreements, representations, and understandings, whether written or oral, pertaining to the subject matter.
No Warranties:
The Company's services are provided on an "as is" basis without any warranties, whether express or implied. The Client acknowledges and agrees that the Company shall not be liable to the Client or any other party for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, or special damages.
Client Cooperation
Should Company be required to defend itself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Company deems useful to it free of charge.
Severability in Event of Partial Invalidity:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
Waiver:
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
Deliverables Needed by Client Prior to Program:
(a) This section constitutes a strict deliverable agreement to ensure that the Company is able to perform the tasks outlined in section one. The following materials need to be given to us before the Soulful Branding Call on the day of the intensive:
1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Showit on a paid plan of their own
3. Client needs to add Showit Key into their account prior to design
4. Client needs to reach out to Showit for a domain transfer to get the appropriate URL
5. Client needs to already have purchased domain
6. Client needs to migrate blog or podcast if there is one
7. Gather testimonials from past clients to use on the website
8. Create freebies or lead magnets to use on the website
9. Website copy for each of the pages
10. External links that will be used on the website
11. Legal pages consisting of Terms of Use, Terms, and Conditions, and Policy Page all need to be created prior to the call – if you do not have these already, our team will recommend you purchase the templates from our lawyer and do them while we’re working on the website. If you choose to not use them or want to launch without them, Diha and BoldxBliss are not responsible for any GDPR compliance issues or legality concerns related to your choice.
12. Clients' photos need to be submitted to the Company prior to design.
Rescheduling and Cancellation Policy: Things happen, We understand. We allow one reschedule per client if done more than 24 hours before we’re supposed to start our intensive session. If there is an emergency within 24 hours, please contact us to figure out how we can make things work in the future.
(b) I expect my clients to be communicable for the entirety of the day. You’re welcome to take calls, and go about your day while I design, but if questions arise, I do need responses within one hour at max. If I’m designing, and haven’t heard back from you in over an hour, I will move forward with the said designs and you will loose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! Please let me know if you have things going on, or appointments while we’re on our first call of the day so that I know when I can expect you to be busy.
Miscellaneous:
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) Nothing that the Company designs can be resold, or repurposed into an item for sale, like a template or brand kit.
(c) Bold x Bliss is to remain on the Footer of the website for the duration of its life unless agreed upon by the Company.
(d) It is the client's responsibility to provide all content, including images, copy and external links. If said content isn’t provided, it can prevent the site from going live during the one-day intensive. The client can also choose to launch on their own terms if their timeline is geared towards a specific date or other reasons, and releases the Company Service Provider from the responsibility to launch the new website that’s been created.
(e) The 4 Day is a partnership and collaboration and both parties must work together to complete this project efficiently.
(f) If Client has not paid an invoice for more than 30 days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees as well as the Company deemed time spent on collecting this payment.
(g) Company reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Company reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Company pursuant to this Agreement.
(b) I expect my clients to be communicable for the entirety of the day. You’re welcome to take calls, and go about your day while I design, but if questions arise, I do need responses within one hour at max. If I’m designing, and haven’t heard back from you in over an hour, I will move forward with the said designs and you will loose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! Please let me know if you have things going on, or appointments while we’re on our first call of the day so that I know when I can expect you to be busy.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.
Confidential Information does not include information that Company can demonstrate:
i. was in Company’s possession prior to it being furnished to Company under the terms of this Agreement, provided the source of that information was not known by Company to be bound by a confidentiality agreement with, or other continual, legal or fiduciary obligation of confidentiality, to Client;
ii. is now, or hereafter becomes, through no act or failure to act on the part of either party, generally known to the public;
iii. is rightfully obtained by Company from a third party, without breach of any obligation to Client; or
iv. is independently developed by the Company without use of or reference to the Confidential Information.
The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Agreement. The company will take reasonable steps to maintain such confidentiality and obtain similar commitments from any employee or subcontractor to whom such information must be disclosed in the course of performance.
Non-Exclusivity:
The Parties hereby acknowledge and agree that this Agreement is non-exclusive. The client may contract with third parties who perform the same or similar services as those performed by Company and Company may contract with and perform services for as many additional third parties as Company sees fit, without any restriction or limitation.
Assignment:
Neither Company nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.
Notices:
Any notice required or desired to be given under this Agreement shall be considered effectively given when provided in writing and shared via email. Notices to the Client shall be sent to the email address on file or provided during registration for the Program. Notices to the Company shall be sent to the following email address: boldxbliss@gmail.com.
Termination:
This Agreement may be terminated if it is determined that working together with Diha is not a suitable fit. Please note that no returns or refunds will be provided for any products or services.
Entire Agreement:
This Agreement represents the complete understanding between the Parties regarding the subject matter and supersedes all prior or contemporaneous proposals, agreements, representations, and understandings, whether written or oral, pertaining to the subject matter.
No Warranties:
The Company's services are provided on an "as is" basis without any warranties, whether express or implied. The Client acknowledges and agrees that the Company shall not be liable to the Client or any other party for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, or special damages.
Client Cooperation
Should Company be required to defend itself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Company deems useful to it free of charge.
Severability in Event of Partial Invalidity:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
Waiver:
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
Deliverables Needed by Client Prior to Program:
(a) This section constitutes a strict deliverable agreement to ensure that the Company is able to perform the tasks outlined in section one. The following materials need to be given to us before the Soulful Branding Call on the day of the intensive:
1. Website Template needs to be picked out by the client
2. Client needs to be signed up for Showit on a paid plan of their own
3. Client needs to add Showit Key into their account prior to design
4. Client needs to reach out to Showit for a domain transfer to get the appropriate URL
5. Client needs to already have purchased domain
6. Client needs to migrate blog or podcast if there is one
7. Gather testimonials from past clients to use on the website
8. Create freebies or lead magnets to use on the website
9. Website copy for each of the pages
10. External links that will be used on the website
11. Legal pages consisting of Terms of Use, Terms, and Conditions, and Policy Page all need to be created prior to the call – if you do not have these already, our team will recommend you purchase the templates from our lawyer and do them while we’re working on the website. If you choose to not use them or want to launch without them, Diha and BoldxBliss are not responsible for any GDPR compliance issues or legality concerns related to your choice.
12. Clients' photos need to be submitted to the Company prior to design.
Rescheduling and Cancellation Policy: Things happen, We understand. We allow one reschedule per client if done more than 24 hours before we’re supposed to start our intensive session. If there is an emergency within 24 hours, please contact us to figure out how we can make things work in the future.
(b) I expect my clients to be communicable for the entirety of the day. You’re welcome to take calls, and go about your day while I design, but if questions arise, I do need responses within one hour at max. If I’m designing, and haven’t heard back from you in over an hour, I will move forward with the said designs and you will loose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! Please let me know if you have things going on, or appointments while we’re on our first call of the day so that I know when I can expect you to be busy.
Miscellaneous:
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) Nothing that the Company designs can be resold, or repurposed into an item for sale, like a template or brand kit.
(c) Bold x Bliss is to remain on the Footer of the website for the duration of its life unless agreed upon by the Company.
(d) It is the client's responsibility to provide all content, including images, copy and external links. If said content isn’t provided, it can prevent the site from going live during the one-day intensive. The client can also choose to launch on their own terms if their timeline is geared towards a specific date or other reasons, and releases the Company Service Provider from the responsibility to launch the new website that’s been created.
(e) The 4 Day is a partnership and collaboration and both parties must work together to complete this project efficiently.
(f) If Client has not paid an invoice for more than 30 days, the Company may refer the collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees as well as the Company deemed time spent on collecting this payment.
(g) Company reserves the right to discontinue work until the compensation due pursuant to this Agreement is paid in full. Company reserves the right to terminate this Agreement upon Client’s failure to pay the compensation due to Company pursuant to this Agreement.
(b) I expect my clients to be communicable for the entirety of the day. You’re welcome to take calls, and go about your day while I design, but if questions arise, I do need responses within one hour at max. If I’m designing, and haven’t heard back from you in over an hour, I will move forward with the said designs and you will loose the option to give edits on that section. I don’t want this to ever happen, so please be attentive! Please let me know if you have things going on, or appointments while we’re on our first call of the day so that I know when I can expect you to be busy.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.