Terms & Conditions
“Out-of-the-Box” Terms & Conditions
PARTICIPATION TERMS
When enrolling for this service, it is important that you carefully read and understand the Terms and Conditions outlined below, referred to as “the Agreement”. These Terms establish an agreement between you, referred to as "Client" or "You," and Haskell Digital Services, LLC, also known as "Company," "we," or "us." Both parties are collectively referred to as "Parties," while individually, each is referred to as a "Party." By agreeing to these Terms, you consent to the conditions stated herein.
THE PROGRAM
The Company agrees to provide a program known as the "Out-of-the-Box" package, as described on the Company website, which includes a complimentary branded website and a subscription plan, as described on the Company website. The program consists of the following services:
A complimentary branded website based on a customizable template
Monthly subscription plan which includes tools, domain, and hosting
Automatic monthly billing based on the current subscription plan
FEES AND PAYMENT METHOD
The subscription will be charged automatically each month to the payment method on file.
Out-of-the-Box: $199/month
If the Client terminates their subscription or fails to make payments, the website will be shut down.
It is the Client's responsibility to ensure that the payment method on file is up to date and has sufficient funds for the monthly charges.
Any premium tools or services not listed in the standard offering will incur additional charges. The Client will be notified of these charges before they are incurred, and they will be added to the Client's monthly billing cycle.
PAYMENT SCHEDULE AND DEFAULT
Payments are due on the monthly anniversary of the initial enrollment date.
If the Company is unable to collect the monthly fee through the payment methods on file, the Client must provide an alternate payment method immediately, or their access to the program will be revoked.
If an invoice remains unpaid for more than 10 days, the Company reserves the right to terminate the client relationship and discontinue the project.
WEBSITE DEVELOPMENT BY HASKELL DIGITAL SERVICES DISCLOSURE
The phrase "Developed by Haskell Digital Services" will remain on the website as long as it exists, as a way to credit our design team and recognize their hard work. This phrase must remain linked to Haskelldigitalservices.com and cannot be removed unless prior approval is granted by Desmond or Siena Haskell.
INDEPENDENT CONTRACTOR STATUS
The Company is an independent contractor providing services to the Client and is not an employee or agent of the Client. The Company will have complete control over the method of performing the services and the resources required to do so.
WORK PRODUCT AND PROPRIETARY INFORMATION
The parties acknowledge and agree that all deliverables created by the Company under this Agreement, including the entire website, are the property of Haskell Digital Services. The Client retains ownership of any content they provided for the project, such as text, images, and other media.
The Company reserves the right to use the deliverables created under this Agreement for marketing, promotional, social media, and educational purposes, subject to the following conditions: (i) the data will be anonymized, except for the Client's name, domain URL, and non-confidential information, and (ii) the Company will protect the Client's private data at all times.
The Client agrees that the Company may use the website and any deliverables in any marketing materials, both during and after its development.
Any designs created by the Company cannot be resold or redistributed to third parties, unless permission has been granted by the Company.
CONFIDENTIALITY
The Company agrees to keep all confidential information received from the Client during the performance of this Agreement confidential and not to use it for any purpose other than to perform its obligations under this Agreement.
NON-EXCLUSIVITY
This Agreement is not exclusive. The Client is free to engage third parties for the same or similar services provided by the Company, and the Company may provide services to additional third parties without any restrictions or limitations.
ASSIGNMENT
Neither the Company nor the Client may transfer or delegate the rights and obligations outlined in this Agreement without the written consent of the other party.
NOTICES
All written notices related to this Agreement must be sent via email to the Client's email address on file and to the Company's email address: contact@haskelldigitalservices.com.
TERMINATION
If Desmond or Siena Haskell determine that working together is not a good fit, this Agreement shall be terminated without refund.
The Client may also terminate this Agreement at any time by providing written notice to contact@haskelldigitalservices.com. However, all payments made prior to termination are non-refundable for any reason, including but not limited to partial usage of services, unused features, or early cancellation of the service term.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding the subject matter hereof and overrides all prior or concurrent proposals, agreements, representations, and understandings.
NO WARRANTIES
The services provided by the Company are on an "as is" basis, without any express or implied warranties. The Client agrees that the Company shall not be held liable for any damages of any kind.
CLIENT COOPERATION
The Client agrees to provide any documents, testimony, evidence, or other information that the Company deems necessary to defend itself in the event of any action brought against the Company.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
In the event that any part or provision of this Agreement is deemed unenforceable, the remainder of the provision and the entire Agreement will still be considered valid and in effect.
WAIVER
The failure to exercise or delay in exercising any right, remedy, or power under this Agreement shall not constitute a waiver of that right, remedy, or power.
DISPUTE RESOLUTION
This agreement will be controlled and interpreted according to the laws of Maine, and any claims related to this agreement will be governed by Maine laws. The parties agree to the authority of state and federal courts situated in Kennebec County, Maine for any legal action related to this agreement.
DELIVERABLES NEEDED BY CLIENT PRIOR TO PROGRAM
The Client must provide all required content, including photos, videos, testimonials, offers, website copy, external links, and legal pages, at least 24 hours before the scheduled project start date.
MISCELLANEOUS
The Agreement is to be interpreted fairly, with neither party being favored or disadvantaged.
The Company's designs cannot be resold or repurposed for commercial purposes.
BOTH PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND AGREE TO ABIDE BY THEM.
Custom Website Design & E-Commerce Website Design Terms & Conditions
PARTICIPATION TERMS
When enrolling for this service, it is important that you carefully read and understand the Terms and Conditions outlined below, referred to as “the Agreement”. These Terms establish an agreement between you, referred to as "Client" or "You," and Haskell Digital Services, LLC, also known as "Company," "we," or "us." Both parties are collectively referred to as "Parties," while individually, each is referred to as a "Party." By agreeing to these Terms, you consent to the conditions stated herein.
THE PROGRAM
The Company agrees to provide a customized website design service, which includes Custom Website Design and E-Commerce Website Design packages, as referenced on the Company’s website. The program consists of the following services:
A customized website tailored to the Client's specific needs
One-time setup fee based on the chosen package:
Custom Website Design: $3,000
E-Commerce Website Design: $4,500
Automatic enrollment in the applicable monthly subscription plan beginning immediately upon project start:
Custom Website Design: $199/month
E-Commerce Website Design: $299/month
The subscription includes hosting, domain, maintenance, updates, support, and access to standard platform features as defined in the package description.
The subscription remains in effect until cancelled in accordance with the termination provisions below.
FEES AND PAYMENT METHOD
The Client will be charged a one-time upfront fee for the creation of their customized website based on the selected package pricing.
Ongoing monthly fees will be charged automatically to the payment method on file. These include:
Custom Website Design: $199/month
E-Commerce Website Design: $299/month
Failure to maintain a valid payment method may result in service interruption. The Client is responsible for keeping their payment method current and ensuring available funds.
Premium third-party tools or services not included in the base package may result in additional fees. The Client will be notified prior to any charges and those charges will be added to the monthly billing cycle.
PAYMENT SCHEDULE AND DEFAULT
Payments are due on the monthly anniversary of the initial enrollment date.
If the Company is unable to collect the monthly fee through the payment methods on file, the Client must provide an alternate payment method immediately, or their access to the program will be revoked.
If an invoice remains unpaid for more than 10 days, the Company reserves the right to terminate the client relationship and discontinue the project.
WEBSITE DEVELOPMENT BY HASKELL DIGITAL SERVICES DISCLOSURE
The phrase "Developed by Haskell Digital Services" will remain on the website as long as it exists, as a way to credit our design team and recognize their hard work. This phrase must remain linked to Haskelldigitalservices.com and cannot be removed unless prior approval is granted by Desmond or Siena Haskell.
INDEPENDENT CONTRACTOR STATUS
The Company is an independent contractor providing services to the Client and is not an employee or agent of the Client. The Company will have complete control over the method of performing the services and the resources required to do so.
WORK PRODUCT AND PROPRIETARY INFORMATION
The parties acknowledge and agree that all deliverables created by the Company under this Agreement, including the entire website, are the property of Haskell Digital Services. The Client retains ownership of any content they provided for the project, such as text, images, and other media.
The Company reserves the right to use the deliverables created under this Agreement for marketing, promotional, social media, and educational purposes, subject to the following conditions: (i) the data will be anonymized, except for the Client's name, domain URL, and non-confidential information, and (ii) the Company will protect the Client's private data at all times.
The Client agrees that the Company may use the website and any deliverables in any marketing materials, both during and after its development.
Any designs created by the Company cannot be resold or redistributed to third parties, unless permission has been granted by the Company.
CONFIDENTIALITY
The Company agrees to keep all confidential information received from the Client during the performance of this Agreement confidential and not to use it for any purpose other than to perform its obligations under this Agreement.
NON-EXCLUSIVITY
This Agreement is not exclusive. The Client is free to engage third parties for the same or similar services provided by the Company, and the Company may provide services to additional third parties without any restrictions or limitations.
ASSIGNMENT
Neither the Company nor the Client may transfer or delegate the rights and obligations outlined in this Agreement without the written consent of the other party.
NOTICES
All written notices related to this Agreement must be sent via email to the Client's email address on file and to the Company's email address: contact@haskelldigitalservices.com.
TERMINATION
If Desmond or Siena Haskell determine that working together is not a good fit, this Agreement shall be terminated without refund.
The Client may also terminate this Agreement at any time by providing written notice to contact@haskelldigitalservices.com. However, all payments made prior to termination are non-refundable for any reason, including but not limited to partial usage of services, unused features, or early cancellation of the service term.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding the subject matter hereof and overrides all prior or concurrent proposals, agreements, representations, and understandings.
NO WARRANTIES
The services provided by the Company are on an "as is" basis, without any express or implied warranties. The Client agrees that the Company shall not be held liable for any damages of any kind.
CLIENT COOPERATION
The Client agrees to provide any documents, testimony, evidence, or other information that the Company deems necessary to defend itself in the event of any action brought against the Company.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
In the event that any part or provision of this Agreement is deemed unenforceable, the remainder of the provision and the entire Agreement will still be considered valid and in effect.
WAIVER
The failure to exercise or delay in exercising any right, remedy, or power under this Agreement shall not constitute a waiver of that right, remedy, or power.
DISPUTE RESOLUTION
This agreement will be controlled and interpreted according to the laws of Maine, and any claims related to this agreement will be governed by Maine laws. The parties agree to the authority of state and federal courts situated in Kennebec County, Maine for any legal action related to this agreement.
DELIVERABLES NEEDED BY CLIENT PRIOR TO PROGRAM
The Client must provide all required content, including photos, videos, testimonials, offers, website copy, external links, and legal pages, at least 24 hours before the scheduled project start date.
MISCELLANEOUS
The Agreement is to be interpreted fairly, with neither party being favored or disadvantaged.
The Company's designs cannot be resold or repurposed for commercial purposes.
BOTH PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD THE ABOVE TERMS AND AGREE TO ABIDE BY THEM.