Definition of Terms
These terms of service (“Terms”) cover the services, applications and features (collectively, “Paid Services”) provided by Launchpad Website Development (“Launchpad”) to you (the “Client”) when you subscribe to a Hosting & Maintenance Plan (“Hosting Plan”) for your website. The entirety of these Terms constitute a legally binding agreement (“Agreement”) between you and Launchpad (the “Parties”). By subscribing to a Hosting Plan, you are agreeing to these Terms.
1. Maintenance
Launchpad will make mission-critical adjustments to your website’s configuration as needed, at no additional cost to you. This regular maintenance includes the updating of your website’s tools and applications to the most recent version, and the fixing of any errors or broken components; but excludes any arbitrary cosmetic changes. Any requested modifications to your website that is beyond the scope of your Hosting Plan’s standard maintenance, will be billable to you — either as a corresponding deduction from the service hours included in your plan (“Service Hours”) or as an ad-hoc fee to invoiced separately at the end of the current billing cycle.
2. Fees
We’ll tell you about the fee(s) for your Hosting Plan before charging you. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you.
2.1. Automatic Subscription Renewal
To ensure uninterrupted service, we’ll automatically bill you for your Hosting Plan from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time and amount to the renewal period of your current subscription.
We’ll automatically charge you the applicable amount using the payment method you have on file with us; and by agreeing to these Terms, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Service that includes auto-renewal payments. You can disable auto-renewal at any time by sending us an email requesting the cancellation of renewal.
If automatic payments for your Hosting Plan are discontinued on your end for any reason, we reserve the right to suspend or cancel the delivery of these Services.
2.2. Taxes
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. Tax exemption will apply from and after the date we receive such documentation.
2.3. Payment Processor
We use third-party payment processors (each, a “Payment Processor”) to bill you for your Hosting Plan. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Except for payments made through Paypal, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to make payments using the payment method you provided when you subscribed to your Hosting Plan. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.We’ll automatically charge you the applicable amount using the payment method you have on file with us; and by agreeing to these Terms, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Service that includes auto-renewal payments. You can disable auto-renewal at any time by sending us an email requesting the cancellation of renewal.
If automatic payments for your Hosting Plan are discontinued on your end for any reason, we reserve the right to suspend or cancel the delivery of these Services.
2.3. Chargebacks
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically suspend or cancel your Hosting Plan. If you have questions about a payment made to us, we encourage you to contact our support team before filing a Chargeback. We reserve our right to dispute any Chargeback.
3. Cancelation
Your Hosting Plan will remain in effect until canceled or terminated in accordance with these Terms. You may cancel your Hosting Plan at any time, without penalty, upon written notice to Launchpad via billing@createlaunchpad.com. The effectivity date of termination will be the last day of the current billing period.
If you cancel your Hosting Plan prematurely for whatever reason, you agree that we are not obligated to issue a refund except in our sole discretion, or if legally required. You also agree that you are responsible for all costs and expenses you have incurred prior to the date of cancelation.
Upon cancelation, we will return to you your content, materials, and copies of deliverables, at Launchpad’s earliest convenience, but in no event beyond fifteen (15) business days after the date of cancelation.
4. Privacy
During the course of this Agreement, it may be necessary for the Client to share proprietary information with Launchpad in order for Launchpad to complete the Website. Launchpad will not share any of this proprietary information with any third party at any time, or use it for their personal benefit. This section remains in full force and effect even after termination of the Agreement.
5. Limitation of Liability
Launchpad does not warrant that your Hosting Plan will create for you any additional profits, sales, exposure, brand recognition, or the like. Launchpad has no responsibility to you if the Services do not lead to your desired result(s).
Under no circumstances shall either Party be liable to the other Party or any third party for any damages resulting from any part of this Agreement; such as, but not limited to, loss of revenue, anticipated profit, or costs of delay. These limitations apply to any theory of liability, whether based on contract, warranty, or negligence, whether or not Launchpad has been informed of the possibility of such damage.
Launchpad is not in breach of this Agreement if we are unable to deliver the Services, in part or in full, resulting from any act, circumstance or event beyond Launchpad’s reasonable control; including but not limited to acts of God, acts of government, war, civil commotion, terrorism, or industrial action.
In no event shall the aggregate liability of Launchpad for all claims arising out of or related to the Services and this Agreement exceed the greater of the amounts you paid to Launchpad in the twelve (12) months immediately preceding the event that gave rise to such claim.
6. Indemnification
You agree to indemnify Launchpad from and against all damages, losses, liabilities, claims, and expenses of any kind arising out of or related to: [a] your breach of this Agreement; [b] your Website content; [c] any claims by, on behalf of, or against your End Users; and [d] your violation of any law or regulation or the rights of any third party. Your indemnification obligations shall not apply to the extent directly caused by Launchpad’s breach of this Agreement.
7. Entire Agreement
The Parties acknowledge and agree that this Agreement constitutes the entire agreement between the Parties, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. The Parties agree that they have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. In the event that the Parties want to modify any terms in this Agreement, they shall do so in writing to be signed by both Parties.
Last updated on 21 October 2022
