Terms and Conditions of AICustomerCreator.com
Introduction
These Terms govern
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
CEC Search LLC, 6030 Woodcreek Drive, Woodstock, Georgia 30188
Owner contact email: info@aicustomercreator.com
Information about this Application
You are hiring CEC Search to design and develop a website for the estimated total price outlined in our previous correspondence, proposal or on our sales page. This fee is a one time set up fee.
In addition to the one-time set-up fee, a monthly fees of as set out in the Marketing Serivces Proposal must also be paid. This fee is payable 30 days after the set-up fee and every month thereafter.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything we need to complete the project, including text, images, fonts, and other information as and when we need it, in the format we ask for. You agree to review our work, provide feedback, and sign-off approval on time, and are bound by any deadlines that we set together. You also agree to keep to the payment schedule set out in your proposal.
We have the experience and ability to perform the services you need, and we will carry them out professionally and on time. We will endeavour to meet all the deadlines but are not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved our work on time at any stage. We will also maintain the confidentiality of any information that you give us.
DETAILS OF THE WORK
We will create designs for your website's look, layout, and functionality. This contract includes one main structure and two opportunities for you to revise the final plan. If you are not happy with the arrangement at that point, we will provide you with an additional quote for the extra design work needed. If you wish to cancel our agreement, you may do so, and we will retain the one time set up fee for the work completed to date.
THE FRAMEWORK
Your website framework includes one main structure with a maximum of 6 pages (not including the property pages) and two opportunities for you to revise the final plan.
The pages will be
Home Page, Quick Quote, Contact Us, Customer Testimonials, Blog (optional), FAQ, Serivces, Booking Page, Terms of Service, Privacy Policy.
Suppose your project is delayed due to a lack of communication, frequent revisions, or requests for additional pages. In that case, CEC Search LLC reserves the right to issue a separate charge for the extra work. We will, of course, agree on the cost with you beforehand. Suppose your project is put on hold due to communication delays on your part. In that case, it will be marked as MIA (Missing In Action), and there will be a $500 USD fee to reactivate it unless you have prior approval from a senior member of CEC Search LLC management.
TEXT CONTENT
We are not responsible for writing or inputting any text copy. We will be happy to help, but significant work on our part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.
PHOTOGRAPHS
If needed, you will supply photographs either in digital or printed format. If you buy stock photographs, that price will be added to the initial quote. Stock photography will not be purchased without your written approval.
CHANGES AND REVISIONS
The estimate/quotation prices in this proposal are based on the time we estimate we will need to accomplish everything you told us you wanted to achieve. If you wish to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. You will be provided with an additional quote for the extra work at that time.
TECHNICAL SUPPORT
As agreed, the quote includes installing and setting up your site on our server and training on how to track the activity on your site.
Your monthly marketing services fee does NOT cover any technical support for your website you need after your website is live. CEC Search can provide 24/7 technical support for your website for the monthly fee listed in our proposal to you. That support is separate from support for your markeing platorm application.
CEC Search is not responsible for any viruses or malware your website may gain. We have done everything to ensure your website is secure. However, accidents happen, and there could be several ways your website contains a virus.
We will help and support you in how to remove it, but we accept no responsibility for this and will not be liable for any costs to have it removed.
This is solely on you, the customer, to do so. Boostly is not responsible for any loss of income or double bookings due to issues with API connections to your payment platform.
Search Engine Optimisation (SEO) CEC Searrch will create and submit a sitemap for your website and notify search engines about its presence. However, CEC Search does not provide ongoing Search Engine Optimisation (SEO) services as part of this marketing services platform agreement. You will, however, be able to purchase SEO services under a separate agreement as outlined in our proposal to you to help with your SEO needs.
LEGAL
We are not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this Website and any other web pages — even if you have advised us of the possibilities of such damages.
With the exception of the money back guarantee (relating to website purchases only), all sales are final and we do not offer any refunds or exchanges.
Suppose any provision of this agreement shall be unlawful, void, or unenforceable for any reason. In that case, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS
You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in the Website are owned by you or that you have permission to use them.
When we receive your final payment, the copyright is automatically assigned as follows:
You own the graphics and other visual elements we create for this project. We will give you a copy of all files, and you should store them carefully as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs, and other data you provided unless someone else owns them. We acknowledge the HTML markup, CSS, and other code and license it to you for use only on this project.
We also reserve the right to display and link to your completed project as part of our portfolio and write about the project on websites, magazine articles, and books.
If you do not have a domain, you must purchase via a domain service and let us know the login details.
We will only host your website and provide up to 10 separate POP email accounts. Webmail access is not offered on these accounts but are available should you deisre, charged at a separate fee per user as outlined in our proposal to you.
MONEY BACK GUARANTEE
The money-back guarantee is available for website purchases only and is valid for 30 days from the website going live.
It is important to note that the guarantee applies exclusively to the initial website purchase and does not cover ongoing monthly fees. The request for your money back can be made only after 30 days from the date your website became operational.
Please be aware that all money back guarantee decisions are subject to the discretion of CEC Search LLC.
What the User should know at a glance
- The Service/this Application is only intended for Users that do not qualify as Consumers, such as Business Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
- Users may not qualify as Consumers;
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this Application:
- upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
- if a notice of infringement of intellectual property rights is received;
- if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
- upon order of a public authority; or
- where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on this Application Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Application. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Payment of price in installments
The payment of the purchase price may be settled in two or more installments, within the deadlines specified on this Application or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Authorization for future PayPal payment
If Users authorize the PayPal feature which allows future purchases, this Application will store an identification code linked to the Users’ PayPal account. This will authorize this Application to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Application.
Delivery times are specified on this Application or during the purchasing process.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.
Contract duration
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 30 days after the notice of termination has been received by the Owner.
Common Provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Dispute Resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Definitions and Legal References
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User
Any User that does not qualify as a Consumer.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available through this Application, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
