Last Updated on May 11, 2018
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Cherubini Co., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Agreement for Email, Hosting, SEO (Search Engine Optimization), Web & Graphic Design Services, Marketing or advertising or any other service we provide.
This agreement is between ‘Client’ (Purchasor) and ‘Provider’ (The Cherubini Co.)
‘Client’ is engaging above named ‘Provider’, a Limited Liability Company, as an independent contractor of services. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
Services to include but not limited to, Email, Hosting, SEO (Search Engine Optimization), Web & Graphic Design Services, Marketing or advertising or any other service we provide, web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into client hosting.
Scope of Work
Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Database Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate of $185 per hour or as specific enhancements are quoted.
Search Engine Optimization (SEO)
Search engines change their algorithms regularly, which can result in fluctuations in your search ranking positions. The Cherubini Co. will not be held responsible for these fluctuations or if an algorithm change results in dramatic changes to the fortunes of your website and/or its rankings. Our proprietary systems will only be validated by a search engine ranking report made available to the client at their request.
The Cherubini Co. stresses that it is not possible to give any guarantees for any specific result on any search engine, nor can we quantify the level of increased traffic or sales, as a result of the search engine optimization campaign. Advertising online is an unpredictable market place and The Cherubini Co. can give no guaranteed positioning.
3. FEES & PAYMENT
All fees payable in US dollars.
Service costs are variable and based on individual needs.
Full payment is required prior to any work beginning. If a downpayment is negotiated it must be in writing and full and final payment is due in 60 days regardless of completion.
Payments will be accepted via Check, PayPal, Visa, Mastercard, Discover, and American Express.
If a project is stalled or on hold for 90 days at any point during the process, the project will be considered abandoned and the service will be terminated with no refund.
30-day Money Back Guarantee: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund less hourly charge of completed work. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase or by bank check. Domain name registration is non-refundable but ownership will be transferred to you. Phone requests will not constitute acceptance of any cancellation.
5. COPYRIGHT AND TRADEMARKS
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’.
‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party.
Copyright to the finished assembled work of individual web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.
All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout, visibility or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate.
Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
‘Provider’ shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Cherubini Co. ‘ servers going off-line, being unavailable for any reason whatsoever or hacking of any kind. Furthermore, The Cherubini Co. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of The Cherubini Co. ‘ servers. All damages shall be limited to the immediate termination of service.
‘PROVIDER’ CANNOT AND DOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. ‘PROVIDER’ WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
7. LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
8. INTERNET ETIQUETTE
‘Provider’ is a developer of ethical web sites. As such, ‘Provider’ will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will ‘Provider’ design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
9. AUTHORSHIP CREDIT
‘Client’ agrees that ‘Provider’ may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that ‘Provider’ will be notified of any design changes to this web site.
‘Provider’ may use ‘Client’ web site as a sample of work in print or through a web site link.
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
11. ENTIRE UNDERSTANDING
This constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of the State of Ohio.
You agree to indemnify and hold harmless The Cherubini Co. (a.k.a. Patrick and/or Angeline Cherubini), its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
The Cherubini Co. reserves the right to modify these terms at any time. Although most changes are likely to be minor, The Cherubini Co. may change its Terms of Service from time to time, and in The Cherubini Co.’ sole discretion. The Cherubini Co. encourages visitors to frequently check this page for any changes to its Terms of Service. If you have an account with us, you might also receive an alert informing you of these changes. Your continued use of this site after any change in these Terms of Service will constitute your acceptance of such change.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey, or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, credit card information, or social security number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (Your information helps us to better respond to your individual needs) To improve our website (We continually strive to improve our website offerings based on the information and feedback we receive from you) To improve customer service (Your information helps us to more effectively respond to your customer service requests and support needs) To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To administer a contest, promotion, survey or other site feature To send periodic emails: The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes. (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Facebook’s custom audiences feature enables you to create an audience using your data such as email addresses and phone numbers. When using Facebook’s custom audiences feature, your data is locally hashed on your system before you upload and pass such data to Facebook to be used to create your custom audience (the “Hashed Data”). Without limiting any agreement between you and Facebook, by clicking “I accept,” passing to Facebook the Hashed Data, or using custom audiences or advertising, you agree to the following:
* You represent and warrant, without limiting anything in these terms, that you have all necessary rights and permissions and a lawful basis to disclose and use the Hashed Data in compliance with all applicable laws, regulations, and industry guidelines. If you are using a Facebook identifier to create a custom audience, you must have obtained the identifier directly from the data subject in compliance with these terms.
* If you are providing Hashed Data, you agree to use only provide the agency with data that is owned by you as the advertiser and not to augment or supplement the data with other data except as expressly authorized by Facebook. You represent and warrant that you have the authority to use such data on their behalf and will bind the advertiser to these terms.
* You represent and warrant that the Hashed Data does not relate to data about any individual who has exercised an option that you have, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used by you or on your behalf for targeted advertising. To the extent an individual exercises such an opt-out after you have used data relating to that individual to create a custom audience, you will remove that data subject from the custom audience.
* You instruct Facebook to use the Hashed Data for the matching process. Facebook will not share the Hashed Data with third parties or other advertisers and will delete the Hashed Data promptly after the match process is complete. Facebook will maintain the confidentiality and security of the Hashed Data and the collection of Facebook User IDs that comprise the custom audience(s) created from your Hashed Data (“your custom audience(s)”), including by maintaining technical and physical safeguards that are designed to (a) protect the security and integrity of data while it is within Facebook’s systems and (b) guard against the accidental or unauthorized access, use, alteration or disclosure of data within Facebook’s systems.
* Facebook will not give access to or information about the custom audience(s) to third parties or other advertisers, use your custom audience(s) to append to the information we have about our users or build interest-based profiles, or use your custom audience(s) except to provide services to you, unless we have your permission or are required to do so by law.
* Facebook may modify, suspend or terminate access to, or discontinue the availability of, the custom audiences feature at any time. You may discontinue your use of the custom audiences feature at any time. You may delete your custom audience(s) from the Facebook system at any time through your account tools.
* You may not sell or transfer custom audiences, or authorize any third party to sell or transfer custom audiences
* These Custom Audiences Terms and, to the extent applicable, the Data Processing Terms, govern the provision by you of Hashed Data to us and your use of the custom audiences feature, and your use of custom audiences for advertising. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Guidelines at https://www.facebook.com/ad_guidelines.php), and such terms will continue to apply to your ad campaigns targeted to your custom audience. The custom audiences feature is part of “Facebook” under Facebook’s Terms of Service (https://www.facebook.com/legal/terms, the “Terms”), and your use of the custom audiences feature (including your use of data) is deemed part of your use of, and actions on, “Facebook.” In the event of any express conflict between these Custom Audiences Terms and the Terms, these Custom Audiences Terms will govern solely with respect to your use of the custom audiences feature and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these terms and to update these terms from time to time.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
The Cherubini Company LLC
155 Conn Drive
Newark, Ohio 43055
The information presented in this Website is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used.
There is no guarantee that you will earn any money using any of the ideas presented in our in materials.
Examples in our materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.