Agreement between the user (you as the Digital Vibe Customer/Client) and Digital Vibe.co
DigitalVibe.co is a subscription-based service website that provides an all-inclusive hosted website platform for companies, freelancers, individuals, and organizations to easily and affordably manage their own WordPress website platform.
You as the user are responsible for keeping your website account, password, and computer secure. Digital Vibe holds no responsibility for what occurs under your website account and password. You as the user are responsible for all activities occurring within your account. You acknowledge that Digital Vibe is not responsible for third party access to your account that results from theft or misappropriation of your account. Digital Vibe and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Digital Vibe does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Digital Vibe only with permission of a parent or guardian.
Payment Obligations, Renewals, and Cancellations
- Website Development Payment Obligations: Due to the streamlined process of the turnkey websites, and the quick launch date, full up-front payment is required for any turnkey website packages. This includes full payment up-front for both website setup fees and monthly recurring fees. For turnkey websites with additional customization work, Digital Vibe requires full payment of the turnkey websites, and hours may be purchased in batches through Digital Vibe’s shopping cart that can be used toward the hours of your project. Users requiring custom work, may contact Digital Vibe for a project hours estimate, before purchasing hours through Digital Vibe’s shopping cart. Revisions are subject to additional hours and therefore additional cost to you as the user. All payments are due upon receipt. Any outstanding payments not paid within 21 days of receipt will receive a 2% fee thereafter. Payment may be made via credit card.
- Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the setup fee and down payment is non-refundable. Digital Vibe may elect at its sole discretion to offer a partial refund depending upon the circumstances.
- Description of Ongoing Costs: In Digital Vibe’s Turnkey Website Packages regular services, features and updates are included. Depending on the website package chosen, there is a monthly fee of $50 or $75. A description of these can be found below:
- Hosting – Digital Vibe includes hosting with regular website backups.
- Theme and Plugin Updates – Regular updates to both the premium theme and the plugins are included in the monthly fees. In addition to updating the theme and plugins regularly, Digital Vibe also ensures that any updates are compatible with the client’s website.
- Email – One email is included in Digital Vibe’s turnkey packages. Additional emails are available for $5 per use per month
- WordPress Updates – Regular updates to WordPress are released regularly. Digital Vibe ensures that these updates are updated and are compatible with all themes and plugins on the website.
- All Current + Future Features – Digital Vibe regularly releases new features that are valuable to clients and their websites. These features are included in all future updates.
- Email Support – One support ticket (up to 1 hour) is included per month.
- Training Tutorials – Digital Vibe regularly updates the training tutorial and support library on the website to allow for an up-to-date knowledge base that will help clients with managing Digital Vibe’s turnkey websites with ease.
- Sample Pages – Digital Vibe creates up to 10 sample pages with sample text and images. Digital Vibe Turnkey Clients/Customers can then come in, edit, and add their own images at any time.
- SEO tools – Search Engine Optimization Tools are built right into the site. Digital Vibe Turnkey Clients/Customer can watch Digital Vibe’s training tutorials to allow for easy training on this tool.
- Revision – In the Branded Turnkey packages, there is one round of revisions included (to the colors of the website). Revisions are not included in the standard Starter Website package or the Starter Store package.
- Additional Support Options – Digital Vibe offers several different support options to meet Digital Vibe Turnkey Client’s/Customer’s individual needs and budget. These are:
Website Maintenance Payment Obligations: All website maintenance, custom design, or custom development work, must be purchased through Digital Vibe’s shopping cart in batches of hours to be used on your projects. For an estimated number of hours that your project will take, you may contact Digital Vibe support, before purchasing from the shopping cart.
- Turnkey Support – This includes one email support ticket, submitted through the website, per month. The total support time included per month is up to one hour. Also included is unlimited access to the training videos and unlimited access to the Knowledge Base. If an answer is not found in either the videos or the Knowledge Base, and the one support ticket per month has been used, you may upgrade to Premium Support or visit Digital Vibe’s free recommended resources where often times the answer can be easily found. Turnkey support generally will reply to emails within 1 business day.
- Premium Support – If additional support is needed, Digital Vibe offers premium support. Premium support allows for up to 3 support tickets per month, with a total of up to 3 hours of support per month. Premium support moves your support requests to a higher priority status which means faster response times than Turnkey Support. Premium Support runs $99 per month.
- Concierge Support / Services: If additional support is needed, you as the Digital Vibe Turnkey Client/Customer may contact Digital Vibe for a quote on concierge support and concierge services to both help with your support needs along with assistance with your regular website maintenance (if you request the maintenance options)
- Website Estimates – Any website estimates are estimates only. The exact hours for your projects may be less or more than the estimates. You are aware that any revisions, additions, or changes made to the project will result in changes to the time that a project will take. Digital Vibe is not responsible for providing updated estimates, but can provide an updated project estimate upon your request.
- Prepackaged Hours – Any hours purchased through Digital Vibe’s shopping cart for custom design work, custom support, concierge services, website maintenance, or custom development work do not expire. You as the user may roll unused hours over for future projects. Digital Vibe Support will update you at the end of the project the number of hours remaining of your purchased hours. If a project’s hours exceed the estimate or if a project’s hours exceed those purchased through the shopping cart, Digital Vibe’s work on the project will stop until further hours have been purchased. In order to ensure your project moves forward without delays, you are responsible for ensuring that your credit of hours is purchased through Digital Vibe’s shopping cart to make sure that your project moves forward smoothly.
- Updating Billing – You are responsible for ensuring your credit card information is updated in your account. You will receive 3 notification emails over a period of 21 days of an expired credit card. After 21 days of the failed payment, and 3 email notification emails, your website may be taken down and services discontinued, until payment has been updated in your account or by emailing us at Digital Vibe.
- Services that are not included in the Turnkey Website packages, but can be provided for an additional fee by Digital Vibe:
- Adding content or images to pages / formatting pages (Digital Vibe adds sample pages, allowing clients simple access to the pages and the training videos to be able to edit the page as needed)
- Adding products, info, data, scripts, or third-party products / services to the site.
- Unlimited support (see support section above for a list of the support options)
Copyright Content, Images, Scripts
Digital Vibe assumes the customer has permission from the rightful owner to use any code, scripts, data, images and reports provided by the customer for inclusion in its materials or projects, and will hold harmless, protect, and defend Digital Vibe from any claim or suit arising from the use of such work.
Project Display and Portfolio
Digital Vibe retains the right to display graphics and other web content elements as examples of their work in their portfolio on their website and throughout their marketing materials.
In Digital Vibe’s Turnkey Website packages, a small space in the footer is reserved for the message: Turnkey Website Designs by Digital Vibe, linking back to Digital Vibe’s website. This text in the footer is not to be removed.
Ownership of Website and Website Materials
You as the Digital Vibe Turnkey Client/Customer retain the rights and ownership to all content placed on the website including page content, media files, post content, custom design/development code and scripts, business email(s) and third party add-ons that you as the Digital Vibe Turnkey Client/Customer, have properly licensed or purchased.
Digital Vibe retains the rights and ownership to all Turnkey websites, including the original website theme, website framework, website plugins, website hosting, and all deliverables provided by the Turnkey website packages, selected by you as the Digital Vibe Turnkey Client/Customer.
You are provided with one (1) website user for your turnkey website. If additional users are needed, you may notify us at any time and we will create additional users for you. User roles are availble at the following options: editor, author, shop manager, and contributor. In order to ensure the reliability of your turnkey website, admin (or adminstrative) access to the website is restricted and is only available to Digital Vibe.
Because Digital Vibe provides the turnkey websites as a prepackaged service for you as the Digital Vibe Turnkey Client/Customer, Digital Vibe requires hosting of all turnkey websites to be handled through Digital Vibe’s hosting services. Hosting service is included in the turnkey website packages for no extra fee.
Should youDigital Vibe Turnkey Client/Customer exceed the website traffic capabilities of Digital Vibe’s hosting services, Digital Vibe does provide higher capacity hosting options, including CDN’s, and private servers. Digital Vibe is not responsible for any poor website performance due to the Digital Vibe Turnkey Client’s/Customer’s website exceeding hosting capacity. If a hosting upgrade is needed, you as the Digital Vibe Turnkey Client/Customer, must contact Digital Vibe Support within 2 business days of when the upgraded hosting will be needed.
For any hosting upgrades, you as the Digital Vibe Turnkey Client/Customer, are responsible for the increased rates of any increase in hosting capacity, CDN’s or private server upgrades.
Termination of Services
Digital Vibe requires no long-term or ongoing contracts to Digital Vibe’s services. You as the Digital Vibe Turnkey Client/Customer may cancel at anytime. A request for termination of services must be submitted through a Digital Vibe support ticket. Digital Vibe requires 7-14 days to process termination of service requests. No prorated refunds of the monthly website fees will be given for cancellation of the services.
Included in the Termination of Services
Because you as the Digital Vibe Turnkey Client/Customer, retain rights to all page content, media files, post content, custom design/development code and scripts, business email(s) and third party add-ons/plugins that you as the Digital Vibe Turnkey Client/Customer, have properly licensed or purchased (see the Ownership of Website and Website Materials section of the contract above for more information) Digital Vibe exports all of this necessary data, files, information, and plugins and securely delivers this information to the client within 7-14 days of termination. To export all content, plugins, data, and files there is a $295 fee that is to be paid prior to files being sent. This is for payment of the time that it takes for us to gather, export and securely send over all files. Please note: This does not include the website theme, frameworks, stock photos, or design of the site. For purchasing info for full rights to the framework, theme files, design files, and stock photos see the rates below in the next section for the purchase price for all deliverables.
Because Digital Vibe retains the rights to Turnkey websites, including the original website theme, website framework, website plugins, website hosting, and all deliverables provided by the Turnkey website packages (see the Ownership of Website and Website Materials section of the contract above for more information), In the termination of services, Digital Vibe does not include any of the info, deliverables, frameworks, codes, or plugins, that Digital Vibe provided in the Turnkey website packages selected by you as the Digital Vibe Turnkey Client/Customer.
Should you as the Digital Vibe Turnkey Client/Customer, request access to the original Turnkey package deliverables such as: website theme, website framework, website plugins, website hosting, and all deliverables provided by the Turnkey website packages, Digital Vibe does make these available to be purchased at a flat rate. Any of the turnkey deliverables such as: website theme, website framework, website plugins, website hosting, and all deliverables provided by the Turnkey website packages may be purchased, and ownership would transfer from Digital Vibe to you as the Digital Vibe Turnkey Client/Customer.
The rates for purchasing all deliverables held by Digital Vibe are included below:
- Turnkey Starter Website Package- Purchase price for all deliverables and transfer of ownership $895
- Turnkey Branded Website Package – Purchase price for all deliverables and transfer of ownership $1095
- Turnkey Starter Store – Purchase price for all deliverables and transfer of ownership $995
- Turnkey Branded Store – Purchase price for all deliverables and transfer of ownership $1195
This Agreement constitutes the entire agreement between Digital Vibe and you as the Digital Vibe Turnkey Clients/Customer with respect to its subject matter and this Agreement supersedes all prior or contemporaneous agreements, representations, or understandings, written or oral, explicit or implied, concerning the subject matter of this Agreement. It is expressly agreed that the terms of this Agreement will supersede the terms of any of Your purchase orders or other ordering documents.
This agreement becomes effective only when signed by agents of your organization and Digital Vibe. Regardless of the place of signing of this agreement, you as the Digital Vibe Turnkey Client/Customer agrees that for purposes of venue, this contract was entered into in Bradley County, Cleveland, Tennessee and any disputes will be litigated or arbitrated exclusively in Bradley County, Cleveland, Tennessee. Customer may be responsible for any legal fees, including attorney fees, incurred by Digital Vibe for disputes litigated or arbitrated between the customer and Digital Vibe.
Digital Vibe’s prices and service features may change at any time. Digital Vibe retains the right to change the terms of service, the pricing/fee structure, and services and deliverables.
Terms of Services Updates
You as a Digital Vibe customer/client are agreeing to all current and future updates to the Terms and Conditions (Terms of Services) which will be posted and updated on this page.
Digital Vibe welcomes your questions or comments about the Terms of Service:
6019 Blue Springs Road
Cleveland, TN 37311
Phone: (423) 834-7295
Effective as of February 1, 2016