Terms of Service

 

Additional Terms and Conditions

Last updated: January 26, 2024 2:45 PM Pacific Time

Identity

The terms “A Servant’s Heart Web Design and Marketing”, “A Servant’s Heart”, “we”, and “us” shall mean the Wyoming corporation named A Servant’s Heart Web Design and Marketing as well as all other companies owned or operated by A Servant’s Heart Web Design and Marketing, including, but not limited to, Assisted Living Boost!, Placement Agent Boost!, Private Duty Boost!, and Senior Leads Boost! 

The term “the Website” shall mean the websites operated by A Servant’s Heart Web Design and Marketing, including but not limited to https://eldersell.com, https://assistedlivingboost.com, https://placementagentboost, https://privatedutyboost.com, and https://seniorleadsboost.com. 

Limitation of Liability

Notwithstanding the foregoing, IF, DESPITE THE LIMITATION ABOVE, A Servant’s Heart Web Design and Marketing IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF A Servant’s Heart Web Design and Marketing WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO A Servant’s Heart Web Design and Marketing IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website for SERVICES RENDERED DURING THE NINETY (90) DAYS PRIOR TO THE DATE WHEN YOU FIRST NOTIFY A Servant’s Heart Web Design and Marketing OF ANY SUCH LOSS OR DAMAGE.

Indemnification

A Servant’s Heart Web Design and Marketing shall be indemnified and protected by you from and against any lawsuit and costs of any kind in relation to your business due to any action or inaction by you based on the Services provided by A Servant’s Heart Web Design and Marketing.

Senior Leads Boost! (formerly called Digital Marketing Success Service (“DMSS”))

Standard Features of Senior Leads Boost!

The term, “Standard Features” shall mean the components, features, and functions that are part of the Standard plan Senior Leads Boost! product as offered to the public. These include but are not necessarily limited to, the Yext or other online listing service, our Review Management System, Competitor Spam Monitoring and Reporting, Senior Leads Boost! dashboard, and the result of any services provided by A Servant’s Heart Web Design and Marketing at no charge such as adding features to your website such as Reviews pages, chat widgets, reviews popups, or any other features added by us at no charge. 

In the event of termination of Senior Leads Boost! service by you or by us, your access to the Standard Features of Senior Leads Boost! will be disabled, the changes that we made to your Google Business Profile will be removed, and the Standard Features of Senior Leads Boost! that were added by us to your website will be removed.

Special Features of Senior Leads Boost!

For the levels of service under Senior Leads Boost! shown below, the following special features will apply, subject to the other terms and conditions herein:

  • Silver plan: the normal one-time setup fee will be waived.
  • Gold plan: the normal one-time setup fee will be waived, and one website powered by either Assisted Living Boost!, Placement Agent Boost!, or Private Duty Boost! will be provided upon your request at no charge during the time that you are receiving Senior Leads Boost! service.
Initial minimum term of Senior Leads Boost! service:
For purchases made before January 1, 2022: 

Notwithstanding the foregoing, Senior Leads Boost! subscriptions purchased before January 1, 2022, have an initial minimum term of six (6) months. During that initial term, Senior Leads Boost! subscriptions may not be canceled by the customer. After that initial term, Senior Leads Boost! subscriptions may be canceled upon 30 days’ notice, given by email to tim@eldersell.com. 

For purchases made after January 1, 2022, and before August 2, 2022

Notwithstanding the foregoing, Senior Leads Boost! subscriptions purchased on or after January 1, 2022, and before August 2, 2022, have no initial minimum term. You must provide at least 30 days notice of termination of Senior Leads Boost! service by you. 

For purchases made on or after August 2, 2022, and before July 31, 2023

Notwithstanding the foregoing, Senior Leads Boost! subscriptions purchased on or after August 2, 2022, and before July 31, 2023 , have initial minimum terms as shown below. You must provide at least 30 days notice of termination of any level of Senior Leads Boost! service by you. 

    • Standard plan: no minimum initial term; the service is provided on a month-to-month basis. 
    • Silver plan: three months minimum term; the service must be paid monthly for at least three months, and then on a month-to-month basis after that.
      • If you terminate service before paying for three months, you agree to also pay for the setup fee originally waived in return for purchasing this plan level.
    • Gold plan: six months initial term; the service is paid monthly for at least six months, and then on a month-to-month basis after that.
      • If you terminate service before paying for six months, you agree to also pay for the setup fee originally waived in return for purchasing this service level and you also agree to pay for the normal monthly fees for the website that was originally provided to you at no charge in return for purchasing this plan level.
For purchases made on or after July 31, 2023

Notwithstanding the foregoing, Senior Leads Boost! subscriptions purchased on or after August 2, 2022, have initial minimum terms as shown below. You must provide at least 30 days notice of termination of any level of Senior Leads Boost! service by you. 

    • Standard plan: no minimum initial term; the service is provided on a month-to-month basis. 
    • Gold plan: six months initial term; the service is paid monthly for at least six months, and then on a month-to-month basis after that.
      • If you terminate service before paying for six months, you agree to also pay for the Standard plan setup fee originally waived in return for purchasing this service level, you agree to pay the difference, if any, between the monthly Standard plan rate and the monthly Gold plan rate for the period of time that you were receiving Senior Leads Boost! services, and you also agree to pay for the normal monthly fees for the website that was originally provided to you at no charge in return for purchasing this plan level.

In all cases, if you terminate your Senior Leads Boost! service and then wish to re-start your Senior Leads Boost! service, you will be charged using the rates, terms and conditions as if you were a new client starting service as of the date when you re-start.

Copyright Infringement and / or Unlawful Use of Intellectual Property

If you infringe upon our copyrights or you unlawfully use any of our Intellectual Property, the resulting damages would be impractical or extremely difficult to determine, in that they would include expenses to us for such items as the recruitment and training of a particular content creator or resource, to which no specific dollar amount could be ascertained or ascribed.  Because of this difficulty in determining these damages to us, you agree that in the event of such infringement, you will pay us a the greater of twenty-five thousand dollars ($25,000.00) or 100 percent of all gross revenue earned by you during the period beginning with the first such infringement or unlawful use and ending when you cease such infringement or unlawful use, as liquidated damage for each such infringement. In addition, you agree to reimburse us for one hundred percent (100%) of any legal fees, court costs, or any other costs that we incur to legally enforce our copyrights and Intellectual Property rights. These payments shall be due and payable upon our demand. In addition, you agree to immediately remove, take down and otherwise eradicate any instance of our Intellectual Property from any website, printed material, or any other use by you, and/or to cause the removal of any instances of our Intellectual Property from other websites or uses where you played a part in such infringing uses.

Service Availability

Notwithstanding the foregoing, for reasons of legal expediency and compliance with applicable laws, A Servant’s Heart Web Design and Marketing only serves clients located in the United States of America.

Transferability

Notwithstanding the foregoing, this agreement is not transferable by you to any other party without our consent.

WEBSITE HOSTING AND MANAGEMENT SERVICE

This work includes ongoing website hosting, management, backup, and maintenance. If you elect to have us provide this service, we will be responsible for hosting your website and for server response times, backups, maintenance, management, and uptime of the website.

Its purpose is to make the site be publicly available with high-speed page load times, guard against malware and botnet attacks, cause daily backups of the site to be made automatically, and test and install all maintenance releases of the technologies used in the creation, operation and performance of the site.

Service Levels
Level 1 Service

Level 1 Service does not include any work to add significant new features or content. Such work is available at our standard hourly rates.

Level 2 Service

Level 2 Service includes up to one hour per month of technical work for small enhancement tasks. If you do not utilize this time for enhancement tasks during a particular month, it does not accumulate. In other words, unused enhancement task time does not carry over from one month to the next.

Payment and Other Provisions

You will pay A Servant’s Heart (1) a Setup Fee and (2) a recurring Monthly Fee for this service. 

  1. As of December 7, 2021, those fees are as shown below:
    1. Setup Fee: $197.00
    2. Monthly Fee:
      1. Level 1 service: $117.00 per month
      2. Level 2 service: $147.00 per month
  2. The Minimum Term for this service is six months. You may not terminate this service until after you have paid the Monthly Fee for the Minimum Term.
  3. The Setup Fee is due when you sign up for this service.
  4. The Monthly Fee is due in advance for each full month after you sign up for this service. 
  5. The first Monthly Fee is due on the day when you sign up for this service. 
  6. The agreement will continue on a month-to-month basis under the terms and conditions described above unless:
    1. New terms and conditions are agreed upon for extending the agreement, or
    2. The agreement is terminated by either party by giving written notice at least 30 days before the termination date. 
  7. In the event of termination of our Website hosting, backups & technology updates management service, you agree to move the website to another hosting and management service provider no later than one month from the date of termination of service. 
    1. If possible, and if you so request, we will instead move the site to a new hosting service of your choice at our then-current hourly fee rates.
    2. If you prefer that someone else move the site at that time, we will provide the credentials necessary to you and to any party you designate. 
    3. If you prefer that the site be terminated, no longer displayed to the public, and discarded, we will create backups of the files that constitute the website, and then we will stop hosting the website. We will keep the file backups for at least three months (the Retention Period) and send you or otherwise make copies of the file backups available if you so request during the Retention Period.
  8. As described above, the fees due under this will be paid by a credit card or debit card (the “Payment Card”).  If the parties mutually agree upon any additional fees or expenses, they will also be paid similarly.  
  9. If your website utilizes added-cost technologies for which we need to purchase licenses to use in performing this work for you, you agree to reimburse us for any costs that we incur to purchase such licenses.
  10. If your website is malfunctioning or contains defects when you sign up for service, the cost to repair those malfunctions or defects is not included in the abovementioned charges. We will charge for any such repairs at our normal hourly rates. At the time that this is being written, those rates are: $95 per hour for work done by our developers and $195 per hour for services done by Tim Colling. 

Assisted Living Boost!, Placement Agent Boost!, Private Duty Boost!, Senior Leads Boost!, A Servant’s Heart Web Design and Marketing, and all other divisions, brands, subsidiaries, and entites otherwise part of, associated with, or owned by, A Servant’s Heart Web Design and Marketing

Notwithstanding the foregoing, you agree that ownership of all property, whether tangible or intangible, provided at no charge by A Servant’s Heart Web Design and Marketing as “free” offers, such as custom domain name registrations, logos or other artwork, and anything else provided as part of a free offer, remains with A Servant’s Heart Web Design and Marketing.

Notwithstanding the foregoing, you agree that all Intellectual Property contained, stored, displayed or used in any other manner by the Website or by any customer or client websites powered by or displayed by the Website (“Client Websites”) are owned by A Servant’s Heart Web Design and Marketing. You agree that said Intellectual Property may not be used by you or anyone else for any purpose other than on and for your website provided by us. You also grant A Servant’s Heart Web Design and Marketing a fully paid-up and perpetual license to use any Intellectual Property that you add, upload, install or otherwise incorporate into the Website or one or more of the Client Websites, in any manner whatsoever (“Client Intellectual Property”), and you agree to indemnify and hold harmless A Servant’s Heart Web Design and Marketing for any costs, damages or other harm, arising from claims brought by any person or other entity, for any and all costs arising from storage, use, display or any other use of such Client Intellectual Property.

Notwithstanding the foregoing, services that we provide based on the payment of periodic fees such as websites, marketing services and other monthly services, or annual services such as legal pages and accessibility software, shall increase in price by five percent (5%) every twelve months following the first date of service or purchase.

Affiliate Partner Program

Definitions:

  • “Affiliate” and “Affiliate Partner” are interchangeable terms that mean a third party who is not an employee of our company and who finds new customers who purchase services and/or products from our company.
  • “Affiliate Link” is a URL we provide to Affiliates, which they give to the prospective customers that the Affiliate refers to us.
  • If you refer customers who purchase goods or services from us without using the Affiliate link, we will not pay you an Affiliate fee for those purchases.
    • In our sole discretion, we may decide to make exceptions and pay affiliate fees in such cases if, and only if, such customers certify that they were referred to us by you no more than 30 days before they made their purchase.
  • “Affiliate Fee” is a fee paid to the Affiliate upon purchase and payment in full by customers that are properly referred by the Affiliate, in accordance with the Affiliate Payment Terms.
  • “Affiliate Payment Terms” means payment of Affiliate Fees within a specified period after they have been earned.
  • “Affiliate Sales” means sales made to customers who purchase products or services from us within 30 days of the first time they visit our website using the Affiliate Link.

Affiliates are independent contractors and are not employees of our company. Employees of our company are not eligible to participate in our Affiliate Partner Program.

Affiliates must be residents of the United States of America. Persons or organizations that reside outside of the United States of America are not eligible to be Affiliates.

To become an Affiliate, prospective Affiliates must (1) complete an application and perform any other tasks required after that, and (2) receive notification from us that their application has been approved by us. We reserve the right to approve or reject any application for any reason, at our sole discretion.

After we notify the prospective Alliliate of our acceptance of their application, they become an Affiliate. 

No Affiliate Fees will be paid for purchases from customers referred by prospective Affiliates prior to our approval of their application. We reserve the right to make exceptions to this if we decide, at our sole discretion, to do so.

We reserve the right to suspend or terminate Affiliates for any reason at any time, at our sole discretion, immediately upon our giving notice by email, text, or other means. Such suspension or termination does not necessarily mean that we will withhold any Affiliate Fees earned by the Affiliate prior to the date of suspension or termination. 

Affiliate Fee calculation: Affiliates earn an Affiliate Fee calculated as 10% of the net Affiliate Sales referred to us by the Affiliate, using the Affiliate’s Affiliate Referral Link. 

  • Any refunds that are paid to customers will be deducted from the net amount of sales upon which the Affiliate Fee is earned. 
  • No Affiliate Fee is earned on any payment processing fees, taxes, or any other amounts part of the actual price that we charge the customer. 
  • Affiliate Fees are earned for as long as the customer continues to pay for their original Affilate Sale. 

Affiliate Payment Terms

  • When payment is due: We will pay Affiliates their earned Affiliate Fees within 30 days after the end of the month in which the Affiliate Fees were earned.
  • How payment will be made: We will pay Affiliate Fees to Affiliates using PayPal, Venmo, or Zelle. The payment methods that we use may change from time to time. If we incur fees for payments of Affiliate Fees, we reserve the right to deduct such fees from the amounts paid as Affiliate Fees.
  • Form W9 required before payments can begin: We will not pay any Affiliate Fees until the Affiliate Partner has submitted a properly completed IRS Form W9 so that we can correctly carry out our tax reporting obligations. Any Affiliate Fees that remain unpaid for 90 days or more due to the failure of the Affiliate Partner to submit their W9 form under this provision shall be forfeited and will not be paid to the Affiliate

Affiliate Promotion Of Our Brands:

  • Affiliates shall promote our brands in a professional, tasteful, and accurate manner at all times. 
  • Affiliates shall use our brand names and logos only with our prior approval.
  • Affiliates shall cease using our brands and logos upon demand by us.

Non-exclusivity

  • We are not limited to working with any one or more specific Affiliates. 
  • Affiliates are free to promote any other businesses. 

Right of Refusal

We reserve the right to decide, at our sole discretion, to refuse to accept purchases from any customers, without regard to whether or not they were referred by Affiliates.

Responsibilities

  • Affiliates are required to accurately describe and refer prospective customers to us. 
  • Affiliates are prohibited from identifying themselves as Affiliates without prior written consent from us.
  • Affiliates are prohibited from offering terms, conditions, pricing, or any other promises on our behalf.
  • We are required to properly account for Affiliate Fees earned, to pay the Affiliate Fees when due, and to make any required payment reports to appropriate authorities. 

Intellectual Property:

  • All branding, images, and other content related to our brands is owned by us.
  • Affiliates shall have no right to use our intellectual property.

Indemnity: 

Notwithstanding anything to the contrary elsewhere in this document, Affiliates agree to indemnify us, reimburse us, and hold us harmless for any costs, damages, or other harm arising from claims brought by any person or other entity, for any and all costs arising from any action by Affiliates.

DMCA AND COPYRIGHT POLICIES AND PROCEDURES

A Servant’s Heart takes copyright infringement and claims of infringement seriously. These policies and procedures outline our process for handling copyright infringement takedown requests.

Takedown Notice

If you believe there has been infringement of a copyright you own, please send a notice to:
Tim Colling
A Servant’s Heart Web Design and Marketing
2209 Valley Road
Oceanside, CA 92056
Phone: 7605791683
Email: tim@eldersell.com

What the Notice Must Include

Section 512(c)(3)(A) of the DMCA requires that a notice include all the following in order to be valid:

1. Your contact information: name, address, phone number, email address

2. Copyright owner’s full name (you must be an authorized agent)

3. URLs and/or a description of the original content

4. URLs and/or description of the infringing content (we need enough detail to be able to locate and take down the material, otherwise we won’t be able to process your request)

5. Physical or electronic signature (typing your name is sufficient)

6. A 512(f) acknowledgment:

a. You attest, under penalty of perjury, that you have a good faith belief that use of the material in this report is not authorized by the copyright owner, its agent, or the law; AND you are authorized to act on behalf of the copyright owner; AND you understand, under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees, if you knowingly materially misrepresent reported material.

There are a few DMCA takedown notice generators available on the web.

What We Will Do in Response to a Takedown Notice

We will take down any infringing material and inform the alleged infringer. A Servant’s Heart will pass on a copy of your infringement Takedown Notice to the user, who may submit a Counter Notice.

Submitting a Counter Notice

If we have taken content down and the content poster believes this was in error, the content poster may submit a counter notice which we will pass on to the person who submitted the original takedown notice. The content poster may also contact the original notifier directly if direct resolution is preferred. If an agreement is reached, the original reporter must email Tim Colling at tim@eldersell.com and we’ll reinstate the contested content as quickly as possible. A Servant’s Heart takes no legal responsibility for any Counter Notice other than an obligation to pass it onto the original filer. We encourage any party submitting a Counter Notice to seek legal counsel as there may be legal consequences to challenging a notice.

Repeat Infringers A Servant’s Heart will terminate the service of repeat infringers. Any content poster who receives more than two takedown notices that are not subject to a successful Counter Notice will be terminated from A Servant’s Heart’s platform.

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