Terms and Conditions
Last Updated: 10/15/2024
Welcome to BrandSites, a service provided by Success Engine, LLC. By accessing or using our services, you agree to be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before using our services.

1. Introduction
Success Engine, LLC (“Success Engine,” “we,” “our,” or “us”) offers website creation, hosting, and support services under the BrandSites brand. By using our services, you (“Client,” “you,” or “your”) agree to these Terms. If you do not agree with these Terms, you may not use our services.

2. Website Creation and Hosting Services
Success Engine offers a 5-page website design, including Home, About, Services, Contact, and Blog/Podcast pages. The website is provided along with ongoing hosting and support fees as outlined below.

3. Payment and Billing
Onboarding Fee: Fees are set forth in the Order Form or Client agreement.
Monthly Hosting Fee: Fees are set forth in the Order Form and are payable in advance.
Automatic Billing: Payments are automatically charged to your account at the beginning of each billing cycle unless you cancel or change your plan before the next cycle.
Cancellation: You may cancel your hosting plan at any time by providing written notice at least 7 business days before the next billing cycle. Upon cancellation, you will lose access to your website and all associated files.
Effect of Cancellation: If your account becomes delinquent (unpaid) for 2 months or more, we reserve the right to permanently delete your site files from our servers after 6 months.

4. Ownership of Site Files
Access to Site Files: Success Engine retains ownership of all website files, content, and code until specific conditions are met.
Site File Transfer: After you have paid for 18 consecutive months of hosting and upon payment of a $500 transfer fee, you may request your website files. We will provide these files within 7 business days.
Transfer Responsibility: You are solely responsible for transferring the site files to your new hosting provider. Success Engine does not offer support for file transfer or ensuring functionality on external servers.

5. DNS Transfer
Domain Pointing: We can assist in updating DNS records to point your domain to your BrandSite under our Plus or Premium Support plans. Lite Support does not include DNS assistance.
Client Responsibility: You are responsible for providing the necessary login credentials for DNS changes and for ensuring proper backup of any existing website or hosting services.
Ongoing DNS update: If the DNS becomes disconnected due to updates or other reasons, the client is responsible for updating the DNS information that can be provided by Success Engine.

6. Plugins and Third-Party Integrations
Success Engine is not responsible for third-party integrations or services not expressly included in our plans.
Client is permitted to install plugins on your BrandSite at your own risk.
If a plugin causes any site issues (e.g., malfunctions, downtime, security breaches), Client is solely responsible for fixing them.
If you require Our assistance to fix plugin-related issues, Client will be responsible and obligated to pay us support at $200/hour, subject to availability.
Success Engine makes no warranties regarding the compatibility, functionality, or security of third-party plugins.
You must ensure any plugins you install comply with all laws and do not breach our policies.
Unapproved Site export Fee:
We reserve the right to charge the client the remaining amount of the 18 month agreement, stated above, and the export fee of $500 if the site has been exported via a third-party plugin.

7. Content and Editing Responsibility
You are granted editing-level access to your BrandSite, allowing you to add or edit pages, posts, images, videos, and text content.
Client Responsibility: Client is solely responsible for all content on your website, including ensuring it complies with applicable laws and does not infringe upon the intellectual property rights of others.

8. Limitation of Liability
Success Engine provides services “as is” without any express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.
We are not liable for any indirect, incidental, special, or consequential damages, including data loss or site downtime.
Our total liability is limited to the total amount paid to us for services rendered.

9. Indemnification
You agree to indemnify, defend, and hold harmless Success Engine, its affiliates, officers, and employees from any claims, damages, liabilities, and expenses arising from:
Your use of our services.
Content you upload or publish on your website.
Any infringement of third-party intellectual property rights caused by the content you provide.

10. Termination
By You: You may cancel our services at any time. Once canceled, access to your website and site files will be revoked.
By Us: We reserve the right to terminate services at any time with 30 days’ written notice. If we terminate services, we will refund any prepaid fees for services not rendered.

11. Data Backup
Client Responsibility: While we take reasonable measures to back up site data for our operational purposes, you are solely responsible for backing up any content and data on your BrandSite.
No Liability: Success Engine is not liable for any data loss, and we do not guarantee that we can recover any lost data.

12. Force Majeure
Success Engine will not be held liable for any failure or delay in providing services due to circumstances beyond our control, including but not limited to natural disasters, cyber-attacks, government actions, or network failures.

13. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of Arizona. Any disputes arising from this Agreement will be handled exclusively in the state or federal courts of Maricopa County, Arizona.

14. Modifications to Terms
Success Engine reserves the right to update or modify these Terms at any time. Continued use of our services after any changes to these Terms constitutes acceptance of those changes.

15. Miscellaneous
Non-Exclusivity: Success Engine may offer similar services to other clients, including competitors.
No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
Severability: If any part of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Contact Information
For questions or concerns about these Terms, please contact us at:
Success Engine, LLC
123 N Centennial Way, Suite 144, Mesa, AZ
Email: [email protected]

By continuing to use our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

Privacy Policy

Information that is gathered from visitors

In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.

Cookies may be used to remember visitor preferences when interacting with the website.

Where registration is required, the visitor’s email and a username will be stored on the server.

How the Information is used

The information is used to enhance the vistor’s experience when using the website to display personalised content and possibly advertising.

E-mail addresses will not be sold, rented or leased to 3rd parties.

E-mail may be sent to inform you of news of our services or offers by us or our affiliates.

Visitor Options

If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive.

You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.

Cookies

Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.

3rd party advertising companies may also use cookies for tracking purposes.

Ads

Google, Facebook, Instagram, Linked In, Pinterest, Etsy, and Youtube ads or any other third party vendor, uses cookies to serve ads.

Google’s use of the DART cookie enables it to serve ads to visitors based on their visit to sites they visit on the Internet.

Website visitors may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.