Legal and Privacy Policies

Master Terms and Conditions

These Master Terms & Conditions (“Terms”): (a) are incorporated into and are material terms and conditions of each service agreement, proposal, and statement of work (each, a “Service Agreement”) entered into by SiteCare, LLC, a Georgia limited liability company, (“we,” “us,” “our”), and its customer (“Customer” or “you”); and (b) apply to all services provided to Customer by SiteCare (collectively, the “Services”). Any capitalized terms not defined herein shall have the meaning ascribed in the applicable Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the terms of the Service Agreement shall prevail. Some of these Terms, where specifically indicated, are only applicable to certain types of Services.

  1. SCOPE OF SERVICES
    SiteCare shall perform the Services described in the applicable Quote (the “Services”) in accordance with the terms of such Service Agreement. Sometimes the scope of Services in a Service Agreement needs to change. In that case, the parties will negotiate concerning a change order in good faith. Unless otherwise agreed or specified in the applicable Service Agreement or the applicable change order, Customer shall have seven (7) days from receipt of a proposed change order to accept it. A new change order will be required if not accepted in that timeframe. No change order shall be binding upon either party unless accepted by Customer.
  2. TYPES OF SERVICES
    SiteCare offers different types of services, including website development, management of hosting of websites and applications, search engine optimization consultation, pay-per-click marketing consultation, social media marketing consultation, analytics consultation, and copywriting.
  3. HOSTING MANAGEMENT
    SiteCare acts as a liaison and manages the relationship between Customer’s website and a hosting company (such as Pagely, WP Engine, Amazon, or Rackspace, by example only). The Services are subject to both these Terms, SiteCare’s Acceptable Use Policy (the “AUP”, as amended from time to time, available at https://sitecare.com/legal/ and incorporated herein by reference), and the terms of the applicable hosting provider. Customer understands that bandwidth speed may vary and that (unless explicitly provided otherwise in the applicable Service Agreement) SiteCare is not responsible for the networks or facilities of third parties that may be necessary to host a site.
  4. HOSTING SERVICE LEVEL AGREEMENT (SLA)
    SiteCare, its service vendors, and subcontractors shall undertake commercially reasonable measures to protect Customer’s website(s) and email against unscheduled outages. Customers with a medallion-level SiteCare plan shall receive one month’s credit allowance if SiteCare is unable to deliver “good” Core Web Vitals scores within 30 days of Acceptance or within three (3) calendar days of a notification of a degradation in Core Web Vitals not caused by the Client’s content. Unplanned service interruptions or degradations in Core Web Vitals may occur and shall not constitute a default by SiteCare under the Service Agreement. However, Customer may receive a credit allowance upon the terms and conditions set forth herein. A credit allowance equal to SiteCare’s fee for one month of web hosting service will be given upon Customer’s written request made within thirty (30) days of the service interruption when there is an unplanned service interruption. Customers may only receive one credit allowance during any calendar month, even if multiple unplanned service interruptions should occur. No credit allowance for planned service interruptions scheduled by SiteCare or SiteCare’s vendors will be issued. SiteCare’s credit allowance shall be the Customer’s sole and exclusive remedy for service interruptions and the associated failure of SiteCare or its vendors to deliver services. 
  5. THIRD-PARTY SERVICES
    Customer acknowledges that SiteCare engages and incorporates the services of Third-Party Vendors to provide services to the Customer. Customer acknowledges and agrees that the terms and conditions of such Third-Party Vendors govern the use of any services of Third-Party Vendors. Customer further understands and acknowledges that if any Service with SiteCare is canceled, Customer may not be able to transfer third-party services without entering into a separate agreement with the Third-Party Vendors and/or making significant changes to Customer’s website design to enable it to function properly. SiteCare may provide reports via email of Third-Party Vendor services. Customer shall have thirty (30) days in which to dispute any charges on the report or invoice, after which time the charges on the report or invoice shall be deemed correct.
  6. SERVICE FEES
    The fees for Services shall be set forth in the applicable Service Agreement and shall be billed and paid in United States (U.S.) Dollars.
  7. RECURRING CHARGES
    Unless otherwise specified in the applicable Service Agreement: (a) Recurring charges are due on the invoice date; (b) fees for recurring charges are subject to change at any time in SiteCare’s sole discretion upon ten (10) days prior notice to Customer; (c) invoices shall be sent via email; (d) Customer shall have thirty (30) days in which to dispute any invoice, after which time the invoice shall be deemed correct.
  8. PAYMENT AUTHORIZATION
    If Customer provides banking or credit card details at https://billing.sitecare.com, Customer authorizes SiteCare to debit the account(s) provided for all amounts due to SiteCare. If SiteCare cannot effect payment via Customer’s credit card, SiteCare will notify Customer via email, and Customer will have thirty (30) days to provide a payment method before Services are canceled.
  9. PAYMENT PROCESSING FEES
    SiteCare shall assess a three percent (3%) surcharge on credit card transactions. Customer payments by check or Electronic Funds Transfer (EFT) shall not be subject to the surcharge.
  10. INSUFFICIENT FUNDS AND FAILED PAYMENTS
    Customer shall pay a Returned Payment Fee of Thirty-Five Dollars ($35.00) for any check or EFT payment returned by the Customer’s banking institution. Customers may be required to pay for future services with certified funds.
  11. MONEY-BACK GUARANTEE
    SiteCare offers a 30-day money-back guarantee on any SiteCare Silver, Gold, Platinum or Diamond Plan. To qualify for this guarantee, Customer must complete the Cancellation Request Form within 30 days of Acceptance of the applicable Quote. Refunds will be issued within 30 days of receipt of the Cancellation Request Form.
  12. REFUNDS
    Within 30 days of receiving the Cancellation Request Form, SiteCare will refund any pre-paid annual subscription for the remaining term of all subscriptions, starting 30 days after the Effective Date. Only annual subscriptions are eligible for refunds. Refunds will be issued based on the monthly plan rate. In no event shall Cancellation relieve the Customer of the obligation to pay any fees due for periods prior to the Effective Date.
  13. TAXES
    Customer shall pay all applicable sales, use, gross receipts, excise, access, value-added, and other local, state, and federal taxes or charges imposed on the provision or use of the Services.
  14. LATE PAYMENTS
    Payments not received within thirty (30) days of the invoice’s due date shall be considered late and will incur and accrue interest from the due date at the rate of one and one-half percent (1.5%) per month or the maximum legal rate, whichever is lower.
  15. EQUIPMENT
    If additional equipment, including, but not limited to, monitors, computers, software, or other devices, is required by Customer to use the Services, Customer shall be solely responsible for acquiring and maintaining such equipment.
  16. RESALE OF SERVICE
    Customer may not resell any portion of the Services to any other party without prior written permission from SiteCare, which may be granted or withheld at SiteCare’s sole discretion.
  17. RIGHTS TO WORK PRODUCT
    “Work Product” means all original creations prepared by SiteCare for Customer in connection with the Services. Upon full and final payment for the Services rendered under a Service Agreement, SiteCare assigns to Customer all rights, titles, and interests in and to the Work Product produced for Customer under such Service Agreement.
  18. ELEMENTS
    “Elements” means (a) SiteCare’s technology and intellectual property existing as of the effective date of the applicable Service Agreement, including without limitation its web authoring tools, designs, algorithms, software (in source and object forms), user interface designs, architecture, scripts, objects, methods, practices, documentation, and any related intellectual property rights existing at or after the effective date, (b) any derivatives, improvements, enhancements or extensions of the foregoing, even if such derivation, improvement, enhancement or extension is made during the performance of the Services, and (c) new software tools of general application (as opposed to specific to the particular Work Product associated with such tools) created in connection with the Services. All rights, titles, and interests in the Elements shall remain the sole and exclusive property of SiteCare. Upon full and final payment for the Services rendered under a Service Agreement, SiteCare grants Customer a royalty-free, non-exclusive, irrevocable, perpetual worldwide license in and to the Elements provided under such Service Agreement, for use in connection with the Work Product developed thereunder.
  19. THIRD-PARTY MATERIALS
    “Third-Party Materials” means any content, software, or other material owned by a third party, such as stock images, themes, and graphics. Such Third-Party Materials are subject to the applicable third-party terms and licenses and may only be used as permitted by such terms and licenses.
  20. DEFAULT
    If Customer fails to comply with any material provision of their Service Agreement or these Terms, including, but not limited to, failure to make payment as specified, obtaining any Services from a provider other than SiteCare without proper and timely termination of the applicable Service Agreement, and/or failure to complete our cancellation form following notification to SiteCare of termination of a Service Agreement and Services, then SiteCare may, upon ten (10) days prior written notice to Customer, suspend all or any part of the Services without any liability of any nature therefor to Customer. SiteCare may also elect to terminate the Service Agreement if the breach or default is not cured within thirty (30) days after Customer’s receipt of SiteCare’s notice. Additional fees for reconnection of any disconnected services may be required.
  21. EARLY TERMINATION
    SiteCare may terminate a Service Agreement and Services with thirty (30) days prior written notice to Customer. Customer may terminate any or all Recurring Services before the end of the term selected by Customer in the Service Agreement with thirty (30) days prior written notice to SiteCare and the completion and delivery to SiteCare of SiteCare’s cancellation form during such period of thirty (30) days. Upon the termination of the Service Agreement for any reason, SiteCare may (but is not required to) delete any of Customer’s archived data.
  22. LIMITATION OF LIABILITY
    IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF THE CLAIM. IN NO EVENT SHALL SITECARE’S AGGREGATE LIABILITY RELATING TO OR ARISING OUT OF THE SERVICES EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES.
  23. DISCLAIMER OF WARRANTIES
    EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, SITECARE HEREBY DISCLAIMS ALL WARRANTIES OF EVERY NATURE, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITECARE DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. SITECARE MAKES NO WARRANTY AS TO THE TRANSMISSION OR SPEEDS OF ANY NETWORKS. SITECARE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT WORDPRESS THEMES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SITECARE DOES NOT GUARANTEE THAT THEMES WILL WORK IN ALL BROWSERS. SITECARE DOES NOT GUARANTEE THAT ITS THEMES WILL BE FUNCTIONAL IN ALL VERSIONS OF WORDPRESS OR THAT THEY WILL BE COMPATIBLE WITH ANY THIRD-PARTY PLUGINS, SCRIPTS, OR APPLICATIONS.
  24. CUSTOMER REPRESENTATIONS
    Customer represents and warrants to SiteCare that any written copy, graphics, photos, designs, video, data, audio files, music, specifications, software, trademarks, domains, or other materials furnished to SiteCare for use with or inclusion in any Work Product are either owned by Customer, or Customer has permission from the rightful owner to use the same.
  25. INDEMNITY
    Customer shall indemnify and hold SiteCare and its respective affiliates, subcontractors, employees, or agents harmless (including payment of reasonable attorney’s fees and other defense costs) from and against any claim, actions, or demands relating to or arising out of Customer’s use of the Services, including, without limitation (i) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, (ii) any claim that Customer’s use of the Services, including the registration and maintenance of Customer’s selected domain name(s), infringes on the patent, copyright, trademark or other intellectual property rights of any third party; (iii) any malicious act or act in violation of any laws committed by Customer, its employees or users using the Services; and/or (iv) violation by Customer, its employees or authorized users of these Terms or the AUP.
  26. HEADINGS
    The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.
  27. FORCE MAJEURE
    Neither party will be liable for or will be considered to be in breach of or default under these Terms or any Service Agreement on account of any delay or failure to perform as a result of any cause(s) or condition(s) that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and use commercially reasonable efforts to minimize the event’s impact.
  28. CHOICE OF LAW; EXCLUSIVE JURISDICTION AND VENUE; ATTORNEY’S FEES
    This agreement shall be construed and enforced according to the laws of Georgia. Any action regarding the Service Agreement arising out of its terms and conditions shall be instituted and litigated in the State of Georgia or superior courts located in Troup County, Georgia, and in no other, and the parties submit to the exclusive jurisdiction and venue of such courts. The substantially prevailing party in any action to enforce or interpret any Service Agreement and/or these Terms shall be entitled to its reasonable attorney’s fees, expert’s fees, and costs.
  29. AGREEMENT BINDING ON SUCCESSORS
    Customer may not assign any Service Agreement or the rights and obligations thereunder to any third party without the prior express written approval of SiteCare. SiteCare reserves the right to assign its rights hereunder to any party and to delegate its obligations hereunder to subcontractors. Subject to the foregoing, each Service Agreement and these Terms shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors, and permitted assigns.
  30. WAIVER
    The failure of either party to enforce at any time or for any period of time the terms of any Service Agreement and/or these Terms shall not be construed as a waiver of such terms or the right of such party thereafter to enforce such terms. Any waiver by either party must be in writing and signed by such party. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of any Service Agreement or these Terms.
  31. SEVERABILITY
    If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render such provision, term, or clause enforceable, or, if incapable of such modification, shall be severed from the applicable Service Agreement or these Terms, as applicable, and such invalidity shall not affect the validity or operation of any other term, clause or provision contained in the Service Agreement or these Terms.
  32. NOTICES
    Unless expressly provided otherwise in the applicable Service Agreement, any notice required or permitted hereunder shall be given by email to SiteCare or Customer, as the case may be, at the email address provided by such party to the other in the Service Agreement or otherwise.  Such email address shall remain valid, sufficient, and binding until such party gives notice to the other of such party’s new email address for notice purposes hereunder.
  33. ENTIRE AGREEMENT
    These Terms and the Service Agreements constitute the entire understanding of the parties, revoke and supersede all prior agreements between them, and are intended as a final expression of their agreement. No modification or amendment to these Terms or a Service Agreement shall be effective unless in writing, signed by both parties that expressly states an intent to modify or amend and refers to the Service Agreement and these Terms, as applicable.

Last Updated: August 25, 2024