Subscription & Maintenance Agreement - North Star Design Studio
Subscription & Maintenance Agreement
View General Terms/Conditions Here.
To adjust your subscription or maintenance agreement, email: subscriptions@northstardesign.studio
This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective on the date you purchase a subscription, is made and entered into by you, and North Star Design Studio LLC.
The following terminology applies to these service agreement: “Client”, “You” and “Your” refers to you. “The Company”, “NSDS”, “North Star”, “Ourselves”, “We”, and “Our”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.WordPress Website Maintenance Plans are a WordPress development service offered by North Star Design Studio LLC.By making any purchase, including maintenance plans with North Star Design Studio, you are accepting the following agreement between North Star Design Studio LLC, and you. North Star Design Studio service(s) renews monthly or annually unless stipulated otherwise in writing and this agreement renews as well on same timeline as the service in question. As part of the subscription, North Star Design Studio will provide WordPress design and development support on existing and new websites, according to your purchased plan.
1.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectations of getting regular help for WordPress related tasks. You agree to aid us in doing so by making available to us needed information pertaining to the website and to cooperate with us in expediting the work.
2.0 Terms of Payment
Software Subscriptions and WordPress Website Maintenance Subscriptions are offered as a recurring monthly or annual service with no long term payment contract. You will be asked to set-up Autopay for Subscriptions via Stripe for your selected monthly or annual plan. Your purchased subscription will auto-renew from the date of original purchase based on your term (annual vs monthly). All maintenance plans are subject to a $199 Annual Account Fee.
3.0 Cancellation of Plans
You can reach out to us to cancel your subscription or you can do so by emailing subscriptions@northstardesign.studio. Your subscription will cancel on the last date of your current paid month or current subscription period. You will not be billed for the new month, however, you can continue to use the subscription till the last date of the current subscription.
4.0 Refund Policy
We have a 3-calendar day risk-free trial policy. Reach out to our support or email at subscriptions@northstardesign.studio within the first 5 days from the date of signup to be eligible for a refund. We reserve the right to release work performed during the first 5 days risk-free trial period. After the initial 3 calendar days, you can not get a refund for our services.
5.0 North Star Design Studio’s Responsibility for Releases
We shall retain the right to release and to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties for use in performing services for you (If applicable) without further .
5.1 Client Responsibility for Releases
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have permission to use them.
6.0 Ownership
You’ll own the visual elements that we create on your behalf. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images, and data you provided, and all files unless someone else owns them (third party).
Upon termination of this agreement, North Star Design Studio shall transfer, assign, and make available to you all property and materials in its possession or control belonging to you.
7.0 DISCLAIMER
THE FOREGOING WARRANTIES BY EACH PARTY ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SETOFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU ACKNOWLEDGE THAT THE TRANSACTIONS REPRESENTED BY THIS AGREEMENT ARE COMMERCIAL TRANSACTIONS AND HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHTS TO NOTICE OF AND HEARING ON PREJUDGMENT REMEDIES UNDER CHAPTER 903A OF THE CONNECTICUT GENERAL STATUTES OR OTHER STATUTES AFFECTING PREJUDGMENT REMEDIES.
8.0 Confidentiality
North Star Design Studio acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by North Star Design Studio on behalf of you or disclosed by you to North Star Design Studio.
9.0 Period of Agreement
This Agreement shall become effective on the date you purchase North Star Design Studio monthly service and shall continue until you have an active paid subscription to North Star Design Studio service.
10.0 Modification of Agreement
North Star Design Studio reserves the right to modify this agreement. North Star Design Studio will notify you about modification.
11.0 Termination of Cause
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within the said period of time unless the defaulting party commences cure within the said period of time and diligently proceeds to cure the default.
12.0 General Provisions
12.1 Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Connecticut, USA.
12.2 Representations and Warranties
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations here under without violating the legal or equitable rights of any third party.
12.3 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties here to as to the subject matter here of and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations here under without violating the legal or equitable rights of any third party.
12.4 Severability
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
Final words…
You cannot transfer any contract to anyone else without written permission from North Star Design Studio LLC. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
We reserve the right to amend our terms of service for any and all services and products without further notice. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
End of agreement.
Date Published: 05-05-2023
