Subscription Website Service Agreement
This Subscription Website Service Agreement ("Agreement") is entered into on [Date] ("Effective Date") between Raconteur Media Company ("Company") and [Client's Name] ("Client") collectively referred to as the "Parties."
Scope of Services
1.1 Subscription Services
The Company agrees to provide the Client with a subscription-based website service. This service includes the creation, development, hosting, and maintenance of a website ("Website") for the Client. The Website will be designed to meet the Client's specifications and requirements as detailed in Exhibit A, attached hereto.
1.2 Subscription Term
The term of this Agreement shall be for a period of two (2) years, commencing on the Effective Date and ending on [End Date] ("Subscription Term").
Subscription Fee
In consideration for the services provided under this Agreement, the Client agrees to pay the Company a monthly subscription fee of $[Amount] for the duration of the Subscription Term. The first payment shall be made on the Effective Date, and subsequent payments shall be made on the same day of each month throughout the Subscription Term.
Website Ownership
The Website and all its associated content, including text, images, and multimedia elements, shall remain the Client's property. The Company will grant the Client a non-exclusive, royalty-free license to use the Website during the Subscription Term.
Maintenance and Support
During the Subscription Term, the Company shall be responsible for technical support required to ensure the proper functioning of the Website. This includes regular backups.
Client Responsibilities
The Client agrees to:
- Provide clear and timely instructions for the design and content of the Website.
- Ensure that all content provided to the Company does not infringe upon any third-party rights.
- Communicate any desired updates or changes to the Website in writing.
- Make payments as per the agreed-upon schedule.
Termination
Either Party may terminate this Agreement with 60 days written notice to the other Party. In the event of termination, the Client shall remain responsible for any outstanding subscription fees for the remainder of the Subscription Term.
Confidentiality
Both Parties agree to maintain the confidentiality of any proprietary information shared during the course of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Texas.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations.
Amendments
Any modifications or amendments to this Agreement must be made in writing and signed by both Parties.
Please indicate your agreement with the terms and conditions of this Agreement by signing below.
Effective Date: September 23, 2023, 2:55 PM
Welcome to Raconteur Rapid Websites!
Before you proceed, please carefully review these Terms of Service ("Terms").
By accessing and using the www.raconteur.com website (the "Website") operated by Raconteur Media Company, a corporation registered in Texas, United States ("us," "we," "our"), you agree to abide by these Terms. These Terms are essential as they outline our responsibilities and your obligations. These Terms apply to all visitors, users, and individuals seeking access to and use of our Website.
If you do not agree with any part of these Terms, we regretfully cannot grant you access to or permission to use our Website.
1. Cancellation and Refunds
Cancellation Period:
1. A You may cancel your subscription to Raconteur Rapid Websites ("the Service") at any time, provided that you have maintained an active subscription for a minimum of 60 days from the date of initial subscription activation.
Cancellation Request:
1.B To initiate the cancellation process, you must send a written cancellation request to info@raconteur.com] or through the cancellation option available on your user account.
Cancellation Effective Date:
1.C Upon receipt of your cancellation request, your subscription will be scheduled for cancellation. The cancellation will be effective 30 days from the date of receipt of your request.
Provision of Services During Cancellation Period:
1.D During the 30-day cancellation period, you will continue to have access to the Service and all its features.
No Refunds for Partial Months:
1.E Please note that there will be no prorated refunds for the remaining days of the month in which the cancellation is processed. Your access to the Service will continue until the end of the 30-day cancellation period.
Termination of Future Billing:
1.F Following the 30-day cancellation period, you will not be billed for any further subscription fees.
Reactivation:
1.G If you wish to reactivate your subscription after cancellation, you will need to initiate a new subscription, subject to the current terms and pricing at that time.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.
We will issue you a refund of the purchase price that you paid if we cancel your purchase.
2. Our Services and Pricing
We provide various services and digital products through our Website, and their prices are listed on the site. Please note that the listed price does not include applicable taxes or fees.
3. Purchases
When making a purchase on our Website, you can choose a third-party payment processor to handle your payment information. Accepted payment methods through these processors include American Express, Discover, MasterCard, and Visa. Please ensure that you have the legal right to use these payment methods and provide accurate and complete information.
4. Refund Policy
We do not offer refunds on any purchases made on this Website.
5. Warranty on Purchases
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
6. Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
7. Subscriptions
Our Website may offer products or services on a subscription basis, with an initial term of 24 months. You may cancel your subscription to Raconteur Rapid Websites ("the Service") at any time, provided that you have maintained an active subscription for a minimum of 60 days from the date of initial subscription activation.
Automatic Renewals of Subscriptions:
When you purchase a subscription on our Website, it will automatically renew every month for a term of 24 months.. We will charge your chosen payment method on file for each renewal. You can cancel automatic renewals through your Website account, with cancellation taking effect on the specified date. We require a 30-day notice before your automatic renewal date for cancellations to be effective.
8. Accounts
By creating an account on our Website, you confirm that you are at least 18 years old and that the information you provide is accurate, complete, and up-to-date. Maintaining the confidentiality of your account and password is your responsibility. You are liable for all activities conducted under your account, whether through our Website or third-party services. Please notify us immediately of any security breaches or unauthorized account use.
We reserve the right to terminate your account at our discretion, and you may also terminate it by contacting us or through your Website account.
9. Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times.
The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Raconteur Media Company or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
10. No Warranty on Website
Our Website is provided "as is," without any warranties, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. No warranties apply, whether by law, course of dealing, course of performance, usage of trade, or otherwise.
11. Availability, Errors, and Inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
12. Damages and Limitation of Liability
In no event shall Raconteur Media Company be liable for direct, indirect, punitive, incidental, special, or consequential damages related to your access, display, or use of our Website, or the delay or inability to access or use the Website. This includes reliance on opinions or information on the Website, computer viruses, linked third-party websites, or products/services obtained through the Website. If we are found liable for any loss or damage, our liability will not exceed the service fees paid by you on this Website.
13. Links to Third-Party Websites
Our Website may contain hyperlinks to third-party websites. We provide these links for reference only and do not control or endorse their contents or practices. You are responsible for ensuring the safety of links and downloaded software from any website.
14. Intellectual Property and DMCA Notice
All contents of this Website are ©2023 Raconteur Media Company or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Raconteur Media Company and are either registered trademarks, trademarks or otherwise protected intellectual property of Raconteur Media Company or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Ryan Gravatt at ryan@raconteur.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not correctly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding infringing your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Raconteur Media Company
Ryan Gravatt
ryan@raconteur.com
512-893-7964
PO Box 26511
Austin, TX 78755
UNITED STATES
15. Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Travis County, Texas.
YOU AND RACONTEUR MEDIA COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
16. Changes to Terms of Service
We reserve the right to modify these Terms of Service without notice.
17. Questions
For any questions about our Terms of Service, please contact us at info@raconteur.com