Terms & Condition

UpKeep Hub Terms and Conditions (“Agreement”)

This Agreement was last modified on October 27, 2016.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using www.upkeephub.com (“the Site”) operated by UpKeep Hub, LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.upkeephub.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Payments: Please note that ALL PAYMENTS ARE NON-REFUNDABLE. Credit cards, electronic charges or PayPal payments will be assessed a 3% merchant processing fee.

Term and Termination

Term: This Agreement will be in effect for a one year term commencing on the Website Launch Date unless earlier terminated pursuant to this Section. [If not earlier terminated, this Agreement will renew automatically

for additional one (1) year terms unless either party delivers to the other party written notice of its intention not to renew at least sixty (60) days prior to the end of the initial or any renewal term.]

Termination For Cause. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other party.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by UpKeep Hub, LLC.

Our Site may contain links to third-party sites that are not owned or controlled by UpKeep Hub, LLC. Read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Arizona, United States, without giving effect to any principles of conflicts of law.

Legal Notice

UpKeep Hub and the Client are purely independent bodies and this agreement shall not constitute either party as an employer, partner or joint venture with the other part.

We can’t guarantee that our work will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising from the marketing & sales strategy plan that we are implementing, even if you have advised us of the possibilities of such damages. This contract stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Releases

The Client shall indemnify the Designer against all claims and expenses, including reasonable attorneys fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.

Credit To Designer

UpKeep Hub retains the right to use the Client within its roster of clients. A link to the The Client website/application will be placed on the UpKeep Hub’s Developed website as part of its business portfolio. A link to upkeephub.com will be placed on The Clients Website/application as well and can be removed for a $500 release fee.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

UpKeep Hub Web Site Design Service and Maintenance Agreement This Web Site Design Service and Maintenance Agreement (“Agreement”) is entered by and between UpKeep Hub, herein after referred to as UpKeep Hub, an independent contractor and you, your heirs, agents, successors and assigns (collectively, “You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of UpKeep Hub Web Site Design and its related services (collectively, the “Services”) and represents the entire agreement between You and UpKeep Hub concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that UpKeep Hub may establish from time to time, in its sole discretion, and any agreements that UpKeep Hub is currently bound by or may become bound by in the future. All UpKeep Hub policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

1. Design Services

Depending on the level of service purchased, UpKeep Hub will create a web site tailored toward Your reasonable expectations. The service will include an initial interview (Business Information Questionnaire Meeting), a secondary meeting (Business Requirement Documentation), presentation of the initial design and (1) round of site revisions, a test report prior to launch, a UAT (User accepted test) meeting and a site launch. The aforementioned sets out the standard design services, different levels of design services amount to different design standards.

1. Design Services

UpKeep Hub will require all content copy and high quality images for inclusion in Your web site. Custom illustration in the Custom Header will be quoted an additional hourly design fee. Requests for additional design updates or site updates beyond the first update will result in additional hourly design fees based on our number of additional hours worked. All material must be supplied in an electronic file format and transmitted to UpKeep Hub electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. UpKeep Hub is not responsible for delays in web site completion due to delays in the receipt of shipped items. UpKeep Hub, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. UpKeep Hub will not begin construction of Your web site until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. UpKeep Hub will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request or unreasonable delay in website launch by client will result in cancellation of Your work order and all amounts agreed to  under your initial work order will be charged to you. No credits or refunds will be given for such cancellation. UpKeep Hub will strive toward Your satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases UpKeep Hub from any obligation for further revisions or alterations. No credits or refunds shall be given for any reason including dissatisfaction with the design created.  Should the launch of the website be delayed for any reason, the remaining amount due to on the initial work order will be charged out ninety (90) days after signature (electronic or otherwise) commencing the design services

2. Web Site Design Service

The Services are dependent upon Your active subscription to the Web Site Design Service. During the design period, You must maintain your subscription. Failure to maintain this subscription will result in termination of the design process. Cancellation of this service within six (6) months of purchase will incur an early termination fee, the amount to be determined by the level of service. Recurring billing for your Web Site Design Service plan will begin the date of purchase. Cancellation of the service will not entitle You to a refund for the prior months’ service. The Services are not transferable to Web Site Design Service accounts or other hosting accounts other than the account initially associated with the The Services are dependent upon Your active subscription to the Web Site Design Service. During the design period, You must maintain your subscription. Failure to maintain this subscription will result in termination of the design process. Cancellation of this service within six (6) months of purchase will incur an early termination fee, the amount to be determined by the level of service. Recurring billing for your Web Site Design Service plan will begin the date of purchase. Cancellation of the service will not entitle You to a refund for the prior months’ service. The Services are not transferable to Web Site Design Service accounts or other hosting accounts other than the account initially associated with the

4. Limitations

UpKeep Hub strives towards creating a web site that meets Your expectations. However, UpKeep Hub does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. UpKeep Hub  is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unpublished web site may be archived and will require additional activation fees to recover.

You are responsible for maintaining the security of Your account. UpKeep Hub  shall not be liable for any revisions or changes made by Your or any person gaining access to Your account. Any revisions requested to fix such changes shall be made in UpKeep Hub ‘s sole discretion and then only upon payment of additional fees.

UpKeep Hub  reserves the right to refuse any direction to create a web site that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another or for any other reason that UpKeep Hub , in its sole discretion, decides. UpKeep Hub  has the right, but not the obligation, to back up or archive Your web site prior to publication.

The Services, the resulting product and all copies belong to UpKeep Hub . The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. UpKeep Hub  grants You an unrestricted license in the web site and any products resulting from the purchase of the Services for the duration of Your Web Site Design Service subscription. Cancellation of Your Web Site Design Service subscription for any reason terminates Your license to the web site and all products resulting from the purchase of the Services. You agree to prevent any unauthorized copying of the Services or resulting products. UpKeep Hub  does not grant any express or implied right to You under UpKeep Hub  patents, copyrights, trademarks, or trade secret information. UpKeep Hub  may display screen shots of the resulting product online, in  materials or in other manners in UpKeep Hub ‘s sole discretion.

5. Maintenance and Alterations After Publication

UpKeep Hub  will provide a maintenance service plan of thirty (30) minutes of allocated time for the performance of maintenance and update services per billing month or cycle. If the minutes are not used in the applicable month, they will not be carried over to the next month. Should the requested revisions or updates take longer than the allotted time available under Your service plan, You may purchase additional time allotments in thirty (30) minute increments. Purchased time allotments are assigned to a predetermined billing month and may not be carried over to the next billing month. No refunds or credits will be issued for time allotments not used within the prescribed time. UpKeep Hub  will require all content copy and high quality images for inclusion in your web site. All material must be supplied in an electronic file format and transmitted to UpKeep Hub  electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. UpKeep Hub  is not responsible for delays in completion due to delays in the receipt of shipped items. UpKeep Hub , in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. UpKeep Hub  will strive toward Your Satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Your publication of the web site is acknowledgement of Your satisfaction with the Services and releases UpKeep Hub  from any obligation for further revisions or alterations. Once You have maintained Your Web Site Design Service subscription for a full twelve (12) months, you may contact UpKeep Hub  to request a subscription downgrade to a service that does not include any allocated minutes for the performance of maintenance and update services. Should You select this service, You may update Your Web site yourself using the Web Site Design control panel, or You may purchase time allotments in thirty (30) minute increments for UpKeep Hub  to perform the updates. Purchased time allotments are assigned to a predetermined billing month and may not be carried over to the next billing month. No refunds or credits will be issued for time allotments not used within the prescribed time. Should you select this service, you may not at a later date choose to upgrade the service to include monthly minutes of allotted time.

6. Availability of Service

Subject to the terms and conditions of this Agreement and each of UpKeep Hub ‘s policies and procedures, UpKeep Hub  shall use commercially reasonable efforts to attempt to provide the Services on Monday – Friday, 9am – 5pm MST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that UpKeep Hub  may undertake from time to time; or (iii) causes beyond the reasonable control of UpKeep Hub  or that are not reasonably foreseeable by UpKeep Hub , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that UpKeep Hub  has no control over the availability of the Services on a continuous or uninterrupted basis.

7. Your Obligations

By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law.

You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You.

You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree that You will not use the Service to create a web site that contains the following types of information: (i) personal information about children without their parent’s consent, (ii) pornographic or obscene content, as determined by UpKeep Hub  in its sole discretion, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi)

By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law.

You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You.

You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised. You also agree that You will not use the Service to create a web site that contains the following types of information: (i) personal information about children without their parent’s consent, (ii) pornographic or obscene content, as determined by UpKeep Hub  in its sole discretion, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi)

8. UpKeep Hub‘s Rights and Restrictions

UpKeep Hub  explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by UpKeep Hub  ; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of UpKeep Hub , activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that UpKeep Hub  determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against UpKeep Hub  or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If UpKeep Hub  terminates Your use of the Services, UpKeep Hub  may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. UpKeep Hub  has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.

9. Payment is due upon receipt of invoice

Contact Us

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If an invoice is not paid within 5 calendar days, late fees will incur. Accounts are subject to a 5% compounded late fee or $25 whichever is greater for every 15 days balance is left unpaid beginning after the 6th day that the invoice is not paid. If an account is more than 60 days past due, UpKeep Hub will initiate collection procedures and we reserve the right to collect all balances due on the account in addition to any collection charges.  The grant of any license or right of copyright is conditioned on receipt of full payment.