SimplicityDMS Service Terms

Who we are

We are SimplicityDMS, a leading web design company dedicated to providing exceptional services in web design, SEO, website maintenance, hosting, content creation, and digital marketing expertise. Before you engage with our services, we kindly ask you to carefully review and understand the following terms and conditions. To contact us, you can reach us at (617) 917-2171, via email at allison@simplicitydms.com, or via our contact page.

Acceptance of Terms

By accessing or using any of the services offered by SimplicityDMS, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, we regretfully ask you not to proceed with our services.

Governing Use

These terms and conditions govern the use of all services provided by SimplicityDMS. Whether you are seeking our expertise in web design, SEO strategies, website maintenance, hosting solutions, or content creation, understanding and adherence to these terms is crucial for a mutually beneficial and transparent working relationship.

Modifications and Updates

SimplicityDMS reserves the right to modify, update, or change these terms and conditions at our discretion. It is your responsibility to regularly check for any changes, as continued use of our services after modifications constitutes your acceptance of the updated terms. Our terms and conditions can be found on our website at any time, available for your review.

Legal Compliance

In engaging with our services, you agree to comply with all applicable laws and regulations. Failure to adhere to these terms or any legal requirements may result in us terminating our providing of services to you and/or removing access to our website.

Services Offered

As a website design company, we offer multiple services not limited to website design, SEO, website maintenance, hosting, content creation and marketing strategy consultation.

Pricing and Payment

We utilize Stripe as our payment partner, which allows for use of credit, debit, and ACH payment methods. For our web design services we require a 50% down payment prior to beginning work, and the remaining 50% is due prior to launch (as outlined in our contract).

Website hosting & support is set up as a monthly automatic payment. Autopay agreement is required. The first month's payment for this service is required prior to publishing any website.

Add-ons such as premium widgets and additional integrated services are billed on a monthly or yearly basis depending on the nature of the service. Autopay agreement is required, whether monthly or yearly.

Your Responsibilities

We can only work as quickly as you provide the information we need! Promptness in moving the project along and getting us the information we need to make your project a success is critical for digital marketing and web design in general, but also critical to the creative process! Your responsibilities will be outlined clearly in your contract that you must sign prior to starting your project. It is our clients' responsibility to make sure that you understand your responsibilities for moving the project forward prior to signing your contract.

Project Timeline

Project timelines are outlined and specified on a contract to contract basis. Make sure that you understand your customized project timeline and your responsibilities for moving the project forward prior to signing your contract.

Intellectual Property

Ownership of intellectual property rights for the website, content, and any other deliverables is clearly outlined in your contract. Please review this information in complete detail prior to signing your contract.

Upon payment of all our outstanding invoices for the project, and in exchange for such payment, we assign to you the right to all of the content of your designed website.

In exchange, you grant us a royalty-free and permanent license to use representations of the designs and taglines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions.

Website Maintenance and Hosting

Website hosting and support services are offered in conjunction with our design services. As an ongoing service, an autopay agreement must be agreed to for your hosting and support services, and will be auto-charged on a monthly basis. There is no contract, and this service is offered on a month to month basis. Cancelation can occur anytime (either by the client or by SimplicityDMS), and either party must be notified 30 days in advance.

Monthly and Quarterly Updates

Monthly edits and quarterly edits provided in SimplicityDMS's hosting and support service plans can be utilized anytime within the month (monthly plans) and business quarter (Q1,Q2,Q3,Q4) respectively. Editing time that is left unused during the time frame that it is offered does not carry over to the subsequent month or quarter and must be used during the time period that it is designated for. SimplicityDMS reserves the right to edit the included service of, remove a service from, or change the price of these month and quarterly service programs without notice, as these programs do not have a contractual obligation by the client.

Content Creation

Client approval and revisions are part of the design process. We include 3 revisions in our website design process free of additional charge, more for more complex and in-depth projects. If more than 3 revisions are included, this will be outlined specifically in your contract, however we like to be flexible and work closely with you during your design. If you need more help and adjustments we will do everything we can to make this a smooth process for you and create what you need!

Refund and Cancellation Policy

We are a client-focused, client satisfaction oriented company. We want you to LOVE your website design, and have it help you grow your business. If you are not 100% satisfied, we want to know about it and encourage you to reach out so that we can make it right. Refunds are clearly outlined in each individual project contract and are clarified as follows:

Refunds for website design services will not be given for any work that has already been completed. This is calculated on an hourly basis for the amount of work as designer has put into the project. Any work that has not been yet completed can be refunded in full. 

Monthly maintenance and support packages as provided on a month to month basis are non refundable, but can be canceled at any time provided 30 days notice.

Premium widgets and add-ons that are purchased in a yearly fashion, including membership options, social media feeds, calendars, etc., as well as maintenance plans that are paid in advance for the year are non-refundable.

Refunds for tutorials, courses, guides, and other documents purchased through our website are non-refundable, as they are immediately provided to you upon purchase.

If you have any questions regarding any portion of our refund and cancelation policy, please don't hesitate to reach out to us at allison@simplicitydms.com or through our Contact form.

Privacy Policy

At SimplicityDMS, we take your privacy and personal information very seriously. If you have any questions regarding our handling of the personal information that you provide during the design process or that you submit through our website, please see our Privacy Policy or feel free to reach out to us at allison@simplicityDMS or (617) 917-2171.

Limitation of Liability

While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.

We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.

We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.

Specifically, we will not be responsible or liable to you for damages or loss caused by:                                         
  - your use of the designs and deliverables in ways that are not covered by the licenses we grant to you;
  - anything done by us on your instructions, or using material you provided to us;
  - any breach of these terms and conditions by you;
  - any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions. 

Termination

You can terminate a contract with us at any time, by informing us in writing at least one (1) month in advance. Likewise, we can cancel this contract any time, by informing you in writing at least one (1) month in advance.

Changes to monthly maintenance and hosting plans can be done at any time and there is no amount of contracted time required.

Cancellation does not affect any benefit or right that you or us become entitled to beforehand.

Regardless of cancellation, you will pay us for any outstanding invoices, for work already done but not yet invoiced, and any invoices or monthly maintenance scheduled to be auto-paid within the 30 day window.

Dispute Resolution

We understand that sadly, sometimes business relationships can be strained and disputes may arise. In the event of any disagreement or dispute between SimplicityDMS and the client, we are committed to finding a fair and efficient resolution. The following provisions outline the process for dispute resolution:

Negotiation

The parties agree to first attempt to resolve any dispute informally through good-faith negotiations. Both SimplicityDMS and the client will make reasonable efforts to communicate openly and explore potential solutions.

Mediation

If an informal resolution is not achieved through negotiation, both parties agree to pursue mediation. Mediation involves the use of a neutral third-party mediator who will assist in facilitating discussions to reach a mutually acceptable resolution. The costs of mediation will be shared equally between SimplicityDMS and the client, unless otherwise agreed upon.

Arbitration

If mediation does not lead to a resolution, any unresolved disputes shall be submitted to binding arbitration. The arbitrator's decision will be final and binding upon both parties. The costs of arbitration, including any legal fees, will be borne by the party against whom the arbitrator rules, unless the arbitrator decides otherwise.

Court Proceedings:

If arbitration is not chosen or proves unsuccessful, either party may pursue legal action through the appropriate courts, subject to the governing law specified in these terms and conditions.

Exceptions

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent irreparable harm or maintain the status quo. By engaging in our services, you agree to comply with and participate in the dispute resolution process outlined above. This provision is intended to promote fair and timely resolution while avoiding unnecessary legal proceedings.

Governing Law

These Terms and conditions and the subject matter included therein, are governed by United States laws. You and we both agree that the courts of Massachusetts, USA will have exclusive jurisdiction.

Changes to Terms and Conditions

SimplicityDMS reserves the right to update these terms and conditions at any time, although typically this will be semiannually or annually. All clients will be notified via email of any changes to these current terms and conditions, however any website visitors are welcome to review our terms and conditions at any time by visiting simplicitydms.com/service-terms.