Terms of Service

General Terms of Service

This document outlines the general terms and conditions governing the services provided by Hypnotherapy Accelerator (hereinafter referred to as "Agency") to its clients (hereinafter referred to as "Client"). By submitting payment for any service package offered by Agency, Client agrees to be bound by these Terms of Service.

1. Acceptance of Terms

By selecting a service package and submitting payment to Agency, Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service. These terms apply to all services rendered by Agency, as detailed in the specific service package selected by the Client and any corresponding Service Level Agreements (SLAs) provided.

2. Services Overview

Agency provides professional website design and development services, ongoing website care plans, and optional search engine optimization (SEO) services. The specific services, deliverables, and pricing for each engagement will be as outlined in the selected service package (e.g., Launch Package, Growth Package, Premium Package, Essential Care Plan, Priority Care Plan, Local Visibility SEO Plan, Organic Growth SEO Plan, Organic Growth Plus SEO Plan) and any accompanying proposal or invoice.

3. Client Responsibilities

3.1. Cooperation and Communication: Client agrees to actively participate in discovery sessions, strategic consultations, and provide timely feedback on all deliverables (within 48 business hours).

3.2. Content Provision: Client is responsible for providing all necessary website content (text, images, videos, branding guidelines, etc.) in a timely manner as requested by Agency. Delays in content provision may extend project timelines.

3.3. Access and Credentials: Client agrees to provide all necessary access, information, and cooperation (e.g., CMS access, Google My Business access, payment gateway credentials) required by Agency to perform the services.

3.4. Project Communication: Client must maintain communication throughout any website design and development project. If the Client goes dark for more than 90 consecutive days without communication, the project will be considered dormant. A project restart fee of $497 will be required to resume work.

3.5. Content Accuracy: Client assumes full responsibility for the accuracy, legality, and appropriateness of all content provided to Agency for the website.

4. Payment Terms

4.1. Fees: Client agrees to pay Agency the fees as outlined in the selected service package and any accompanying invoice or proposal.

4.2. Payment Schedule: Website Design & Development: Upfront payments for website design and development packages (e.g., Launch Package, Growth Package, Premium Package) will be due as specified in the project proposal or invoice (e.g., 50% upon agreement, 50% upon approval prior to launch). Monthly Recurring Services: Monthly recurring fees for website care plans (e.g., Essential Care Plan, Priority Care Plan) and optional SEO plans (e.g., Local Visibility SEO Plan, Organic Growth SEO Plan, Organic Growth Plus SEO Plan) will commence upon website launch or service activation and will be billed each month.

4.3. Payment Method: All payments shall be made via automated charge. Client authorizes Agency to automatically charge Client's provided payment method for recurring monthly fees.

4.4. Late Payments: Invoices for additional services (e.g., extra design revisions, additional content/system updates beyond plan allowance) are due within seven (7) days of the invoice date. Any payment not received within ten (10) days of its due date shall accrue a late fee of five percent (5%) per month or the maximum rate permitted by law, whichever is less, until paid in full. Agency reserves the right to suspend services for overdue accounts without liability.

4.5. Project Restart Fee: As outlined in Section 3.4, a project restart fee of $497 will be required to resume work if a website design and development project becomes dormant due to lack of client communication.

4.6. No Refund Policy: All payments made for work already created or completed are non-refundable, regardless of whether the Client chooses to proceed with the project or utilize the deliverables. This includes, but is not limited to, initial website design and development fees, as well as any monthly recurring service fees for Website Care Plans or SEO Plans. Once work has commenced or services have been activated, no refunds will be issued for any reason, including Client’s decision not to move forward with the project or to discontinue use of the services.

5. Term and Termination

5.1. Website Design & Development: The term for website design and development services shall commence upon payment and continue until the successful launch of the website and completion of all agreed-upon deliverables for the selected package.

5.2. Monthly Recurring Services: The initial term for monthly recurring services (Website Care Plans, SEO Plans) shall be twelve (12) months, commencing upon website launch or service activation. Thereafter, the plan shall automatically renew on a month-to-month basis unless terminated by either party.

5.3. Termination for Convenience: Either party may terminate monthly recurring services by providing thirty (30) days written notice to the other party. In the event of termination by Client, any prepaid fees for services not yet rendered will not be refunded.

5.4. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice thereof. In the event of termination for Client's breach, Client shall be responsible for all unpaid fees for services rendered up to the date of termination, plus any applicable early termination fees. No refunds will be issued for any completed work or services rendered prior to termination.

6. Independent Contractor Relationship

Agency shall perform the services as an independent contractor. Nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. Agency shall have exclusive control over the manner and means of performing the services.

7. Client Representations and Warranties

7.1. Client represents and warrants that it has the full right and authority to enter into this Agreement and to provide Agency with all content, materials, and information necessary for the performance of the services, and that such content, materials, and information do not infringe upon the intellectual property rights or other rights of any third party.

7.2. Client agrees to provide all necessary access, information, and cooperation required by Agency to perform the services in a timely and efficient manner.

8. Intellectual Property

8.1. Agency's Tools and Assets: All intellectual property rights in and to the Agency's proprietary tools, methodologies, templates, code libraries, and pre-existing materials used in the performance of the services shall remain the sole and exclusive property of Agency.

8.2. Client Content: Client retains all intellectual property rights in and to any content, trademarks, logos, or other materials provided by Client to Agency for use in the website.

8.3. Website Deliverables: Upon full payment of all fees due under this Agreement, Agency hereby grants Client a non-exclusive, perpetual, worldwide license to use the final website design and developed code for the purpose of operating Client's business. Agency retains the right to display the completed website in its portfolio and marketing materials.

9. Confidentiality

Both parties agree to keep all proprietary and confidential information of the other party, obtained during the course of this Agreement, strictly confidential. This includes, but is not limited to, business plans, financial information, client lists, trade secrets, and technical data. This obligation of confidentiality shall survive the termination of this Agreement.

10. Limitation of Liability

10.1. No Guarantees: Agency does not guarantee specific results from the services, including but not limited to, specific search engine rankings, website traffic levels, or conversion rates.

10.2. Disclaimer of Warranties: Agency provides the services "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.3. Limitation of Damages: In no event shall Agency be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or business interruption, arising out of or in connection with this Agreement, even if Agency has been advised of the possibility of such damages.

10.4. Maximum Liability: Agency's total aggregate liability to Client for any and all claims arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by Client to Agency under this Agreement during the six (6) months immediately preceding the event giving rise to the claim.

10.5. Client's Responsibility for Content: Agency is not responsible for the accuracy, legality, or appropriateness of any content provided by the Client for the website. Client assumes full responsibility for all content published on their website.

10.6. No Specific Warranty: While Agency strives to follow general web best practices, Agency does not guarantee or warrant that the website will be compliant with the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, or the Web Content Accessibility Guidelines (WCAG) unless a specific Accessibility Audit and Implementation package is purchased as a separate line item.

10.7. Client Responsibility: Client acknowledges that website accessibility is a legal requirement for many businesses and that compliance is an ongoing process. Client is responsible for ensuring that all content provided (including images, videos, and documents) meets accessibility standards.

10.8. Third-Party Limitations: Agency is not liable for accessibility issues introduced by third-party plugins, themes, or integrated tools (e.g., booking software, payment gateways) that are beyond Agency's proprietary code.

10.9. Indemnification: Client agrees to indemnify and hold Agency harmless from any and all claims, fines, or legal actions arising from the website’s alleged lack of compliance with accessibility laws.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Agency, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) Client's breach of any term or condition of this Agreement; (b) any claim that Client's content or materials infringe upon the intellectual property rights or other rights of any third party; (c) Client's use of the website or services; or (d) any act or omission by Client.

12. Data Privacy

Both parties agree to comply with all applicable data privacy laws and regulations in the performance of their respective obligations under this Agreement. Agency will implement reasonable security measures to protect Client data stored on its systems.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14. Dispute Resolution

Any dispute or claim arising out of or relating to this Agreement shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute amicably, they agree to pursue mediation with a mutually agreed-upon mediator before resorting to litigation.

15. Governing Law and Jurisdiction

15.1. This Agreement shall be governed by and construed in accordance with the laws of Louisiana, without regard to its conflict of laws principles.15.2. The parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in Louisiana, and the parties hereby consent to the personal jurisdiction and venue of such courts.

16. Amendments

Any changes or modifications to this Agreement must be in writing and signed by both parties to be effective.

17. Entire Agreement

This Agreement, including all attached schedules and any specific service package details or proposals, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

By submitting payment, Client acknowledges and agrees to these Terms of Service.