TERMS OF USE

DEFINITIONS

1.1 Agreement: The Agreement between you and PLUSTWO CONSULTING LLC,
including all its terms, amendments, and associated documents, incorporating
any riders, extensions, and modifications made thereafter.

1.2 Content: This includes, but is not limited to,
any text, data, trademarks, service marks, trade names, graphics, logos, URLs,
domain names, brand features, photographs, pictures, animations, videos, or
related materials used on websites, branding, or promotional content, whether
produced by the Customer or by PLUSTWO CONSULTING LLC pursuant to the
Agreement.

1.3 Custom Content: Custom Content: Any Content
specifically created and produced by PLUSTWO CONSULTING LLC for the exclusive
use of your website, marketing materials, branding, or other business-specific
needs. This includes pre-built templates adapted, third-party plug-ins used to
enhance functionality, personalized written content, design elements,
photography, video production, or proprietary designs.

1.4 DIGITAL PACK: Comprehensive website services,
such as development, design, and maintenance, provided by PLUSTWO CONSULTING
LLC. This pack may include integration of third-party plug-ins, content
management system setup, and website optimization, among other services defined
within your Agreement

1.5 BRAND PACK: Full-service branding packages
provided by PLUSTWO CONSULTING LLC. This includes the design of logos,
development of brand identity boards, creation of promotional flyers, business
card designs, and social media profile assets.

1.6 Products: All services, products, and solutions
offered under this Agreement by PLUSTWO CONSULTING LLC. This includes, but is
not limited to, web design services, branding, custom content creation, social
media management, consulting services, and technical support.

1.7 You/Customer: The individual or business entity
purchasing or receiving services from PLUSTWO CONSULTING LLC under this
Agreement. This refers to both sole proprietors and legally registered business
entities engaging in this Agreement for commercial purposes.

1.8 Your Content: Any and all content you provide to
PLUSTWO CONSULTING LLC for use in services or products. This can include, but
is not limited to, images, videos, text, trademarks, logos, or other
proprietary materials. Your Content also includes any third-party intellectual
property that you have the rights to use.

1.9 Agreement Any formal agreement, request, or
confirmation of services requested by the Customer from PLUSTWO CONSULTING LLC,
including but not limited to written, electronic, or telephonic confirmations.

 

FEES, INVOICING
& PAYMENT

2.1 Delivery: PLUSTWO CONSULTING LLC agrees to
deliver products as specified in the Agreement provided that all necessary
content and information is submitted by the Customer in a timely manner. Any
delay or failure to provide essential information may result in a delay of
service delivery. The Customer will remain liable for all agreed-upon payments,
regardless of service delays caused by failure to provide timely materials.

2.2 Fees & Payment: All applicable fees are
detailed in the Agreement, and may include deposits, setup fees, recurring
fees, and other charges.

Deposits:
Non-refundable unless otherwise specified.

Monthly
Commitments: Due in advance at the beginning of each month of service.

Additional
Services: May be charged based on time and materials, with pre-approval
required from the Customer for any scope expansions.

2.3 Flexible Payment Terms: If necessary, PLUSTWO
CONSULTING LLC may, at its discretion, offer more flexible payment options,
such as splitting payments into multiple installments or extending due dates.

2.4 Late Payments: Payments not received within the
specified time frame will incur a late fee of $25 or 3% of the total invoice
amount (whichever is greater). A 10-day grace period will be applied before
late fees are enforced. Should payments remain overdue for more than 30 days,
services may be suspended until the account is brought current.

2.5 Payment Methods: The Customer is required to
maintain valid and up-to-date payment methods on file, including bank account
details or credit card information. Payment failures resulting in suspension or
cancellation of services are the responsibility of the Customer.

2.6 Service Suspension & Reinstatement: In the
event of suspended services due to non-payment, PLUSTWO CONSULTING LLC reserves
the right to charge a reinstatement fee upon resuming services.

TERM & TERMINATION

3.1 Agreement Term: The Agreement begins on the
effective date specified in the Agreement and continues until terminated in
accordance with the terms herein.

3.2 Termination for Convenience:

By PLUSTWO CONSULTING LLC: We may terminate the Agreement with 30 days’ written notice.

By the Customer: You may
terminate the Agreement by providing 30 days’ written notice.

Refunds: No refunds
will be provided for partial months or services that have already been
rendered.

3.3 Early Cancellation: If the Customer cancels
during the Initial Term, an Early Cancellation Fee equivalent to 20% of the
remaining balance of the contract will apply. In certain cases (e.g., business
closure, mutual agreement), this fee may be reduced or waived.

3.4 Termination for Breach: Either party may
terminate for material breach, provided that a 30-day cure period is granted to
remedy the breach. If the breach remains uncured, termination will be effective
immediately.

3.5 Post-Termination Obligations: Upon termination,
all content and intellectual property, including logos, designs, and other
branding elements created by PLUSTWO CONSULTING LLC, will be transferred to the
Customer upon full payment. However, the Customer is responsible for managing licenses,
copyrights, and permissions post-termination.

COOPERATION & OBLIGATIONS

4.1 Customer Cooperation: You agree to provide all
required materials, feedback, and access necessary for PLUSTWO CONSULTING LLC
to deliver the Products as outlined in your Agreement.

4.2 Content Review: You will promptly review any
materials created and notify PLUSTWO CONSULTING LLC of any necessary
corrections or changes within 7 days of receiving the content.  PLUSTWO
CONSULTING LLC will provide up to three (3) rounds of revisions on any custom
content produced under this Agreement. Any additional revisions beyond this
limit may incur additional charges of $75 usd per hour. Customer acknowledges
the importance of timely feedback to ensure the project is completed within
agreed timelines.

4.3 Compliance: You are responsible for ensuring
that Your Content complies with applicable laws and does not infringe on the
intellectual property rights of third parties.

 

SECURITY & ACCOUNT RESPONSIBILITY

5.1 Account Security: You are responsible for
maintaining the confidentiality of your passwords and account information.
PLUSTWO CONSULTING LLC will not be liable for any loss resulting from
unauthorized access due to your failure to secure your account.

5.2 Exclusive Rights: PLUSTWO CONSULTING LLC retains
exclusive administrative rights to hosted websites during the service term
unless otherwise agreed upon.

CONTENT USE & OWNERSHIP
6.1 Your Content: You retain ownership of Your
Content. By providing it to PLUSTWO CONSULTING LLC, you grant us a license to
use, modify, and display it as necessary for providing the services requested.

6.2 Ownership of Custom Content: Any custom content
created for your project by PLUSTWO CONSULTING LLC, such as branding assets or
web designs, will be transferred to you upon full payment.

6.3 Third-Party Content: PLUSTWO CONSULTING LLC may
use third-party content (such as plug-ins or software) to enhance your project.
Ownership of this third-party content remains with its original owner or
licensor.

INTELLECTUAL PROPERTY

7.1 Ownership: PLUSTWO CONSULTING LLC retains
ownership of its proprietary tools, software, and intellectual property used to
deliver the services. These assets are not considered Custom Content and remain
the property of PLUSTWO CONSULTING LLC.

7.2 Transfer of Custom Work: Upon full payment,
ownership of any custom branding or web design work will be transferred to the
Customer.

LIABILITY & INDEMNIFICATION

8.1 Indemnification: You agree to indemnify and hold
PLUSTWO CONSULTING LLC harmless from any legal claims arising from Your
Content, your website, or breach of this Agreement.

8.2 Limitation of Liability: PLUSTWO CONSULTING
LLC’s liability is limited to the total fees paid within the last 12 months
before any claim or dispute arose. We are not liable for indirect damages,
including lost profits or data.

8.3 Dispute Resolution: In the event of a dispute,
both parties agree to attempt mediation before initiating any legal action.

 

 

 

 

CONFIDENTIALITY

9.1 Confidential Information: You agree to keep
PLUSTWO CONSULTING LLC’s proprietary information confidential, including
pricing, strategies, tools, and non-public data.

9.2 Breach of Confidentiality: Any breach of
confidentiality may result in immediate termination of services, with the right
to collect any applicable cancellation fees.

GENERAL PROVISIONS

10.1 Governing Law: This Agreement is governed by
California law.

10.2 Modification of Terms: PLUSTWO CONSULTING LLC
reserves the right to modify these Terms of Use with written notice. Continued
use of services constitutes acceptance of the modified terms.

10.3 Privacy & Data Security: PLUSTWO CONSULTING
LLC adheres to strict data security policies. We will not share your personal
or business information with third parties without your explicit consent,
except as required by law.

10.4 Survival: The following provisions shall survive the
termination or expiration of this Agreement: Indemnification,
Limitation of Liability, Confidentiality, Payment Obligations, and Ownership Rights. These
sections ensure that any remaining legal, financial, or proprietary
responsibilities are upheld beyond the end of the Agreement. This includes
unpaid fees, continued protection of confidential information, and the
enforcement of intellectual property rights, ensuring both parties are
protected post-termination.

10.5 Notices: All legal notices under this Agreement
must be sent in writing via email or certified mail.