Terms of Service

 

Additional Terms and Conditions

Last updated: August 3, 2022 3:10 PM

Identity

The term, “A Servant’s Heart Web Design and Marketing” 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 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

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. 
    • 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.

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.

Assisted Living Boost!, Placement Agent Boost!, and Private Duty Boost!

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.

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