terms of service.
Effective Date: 07/13/2024
Updated: 10/01/2024
Parties
This agreement is between Highly Finite LLC, doing business as TheraSites ("Service Provider"), and the client who engages the services ("Client").
Comprehensive Agreement
This Terms of Service constitutes a complete and binding agreement between Highly Finite LLC and the client, without the need for a separate signed contract. By using our services, you acknowledge and agree to these terms, which are sufficient to govern the relationship and services provided.
1. Services Provided
The Service Provider will customize a website template chosen by the Client using the Client's provided content and branding. This includes integrating the Client's materials into the template without altering its structural design.
Optional Services:
-
SimplePractice Integration: Available upon request. Clients are made aware of the referral arrangement only if they use a link provided by the Service Provider to sign up for SimplePractice.
-
Sessions Health Referral: Clients are informed of the referral arrangement when using a link provided by the Service Provider to sign up for Sessions Health.
-
Blog: Blog setup and integration services are available as an optional add-on.
SEO Services:
-
Local SEO: For an additional $300 monthly fee for hosting, domain registration, maintenance services, and local SEO, as detailed on the respective product pages.
-
Citation Builder: Boost your local presence with TheraSites' Citation Builder for an additional cost. We assist in creating up to 75 citations across high-authority websites, enhancing your practice's visibility and credibility online. Our service includes:
-
Manual Submissions: Creation, fixing, and updating of listings for accuracy.
-
Email Verifications: Handling all email verifications on your behalf.
-
Account Access: Providing login details for all created accounts.
-
Remove Harmful Duplicate Listings: We take proactive steps to remove duplicate listings, though success may vary depending on site editor policies.
-
Data Aggregator & Network Submissions: Push your business data to hundreds of sites, including mobile apps and GPS services, with free updates for 12 months.
-
Citation Submissions: Selection of authoritative sites based on the number of citations chosen, with options for updating existing citations and customizing selections easily.
-
2. Fees and Payments
-
Template Purchase and Customization: Clients will be charged a fee for the initial template buildout and customization. Specific pricing details are directly available on the respective product pages where services are listed.
-
Monthly SEO Subscription: An optional $300 monthly fee
-
Grace Period: A 10-day grace period is provided for late payments, after which services may be temporarily suspended until payment is received.
3. Intellectual Property Rights
The Client receives a non-exclusive license to use the customized website. The Service Provider retains ownership of the original template. The Client retains ownership of all original content, branding, and images they provide. The Client is prohibited from editing, reselling, or altering the underlying template without written consent from the Service Provider.
4. Client's Responsibilities
The Client must provide all necessary materials for website customization. The 7 business-day customization timeline begins once the Service Provider receives all required materials. However, the website does not go live until the Client has approved the final design and subscribed to the monthly plan.
5. Content Integrity
The Client is responsible for the legality and appropriateness of all materials provided. The Service Provider reserves the right to exclude any content deemed inappropriate or non-compliant with legal standards.
6. Nature of Relationship and Marketing Rights
The Service Provider operates as an independent contractor and serves other clients concurrently. This agreement does not imply exclusivity to any one client. The Client grants permission for the Service Provider to use the Client's name, trademarks, website visuals, and a brief project description in the Service Provider’s promotional materials and digital presence.
7. No Agency
The Service Provider is not authorized to act as the Client’s representative or to assume any obligations on their behalf without clear, written consent from the Client.
8. Refund Policy
We do not offer refunds for any services, including the initial template fee, additional services, or monthly subscriptions.
9. Data Protection and HIPAA Compliance
The Service Provider adheres to strict data security measures. The Client holds primary responsibility for legal compliance with privacy laws, including HIPAA compliance for their practice.
10. Dispute Resolution
Disputes will first be addressed through direct negotiation, targeting a solution within 30 days from the initial dispute notification. If unresolved, disputes may escalate to mediation in Maricopa County, Arizona. The costs of mediation will be equally shared between the parties.
11. Termination
The Agreement can be terminated by either party upon a breach that remains unremedied 7 days after written notification.
12. Post-Termination
Upon termination, the Client retains ownership of their content, but the website will no longer be hosted if the subscription is discontinued. The Service Provider retains rights over the website template.
13. Limitation of Liability
Liability is capped at the amount of fees paid by the Client within the 12 months preceding any claim. Indirect damages are excluded from liability claims.
14. Governing Law and Jurisdiction
This Agreement is governed by Arizona state laws and subject to the jurisdiction of courts in Maricopa County, Arizona.
15. Final Acknowledgment
By using the services, the Client affirmatively agrees to the terms outlined in this Agreement, effective as of their first use of the services.