Last Updated: October 1, 2024
These Terms & Conditions ("Agreement") are entered into between you ("Client," "you," or "your") and Stillpoint Digital ("Company," "I," "me," or "my"), a sole proprietorship providing digital services, including but not limited to marketing, branding, CRM, and web solutions ("Services"). By subscribing to or using any of my Services, you agree to the following terms.
1. Acceptance of Terms
By purchasing or using any of the services offered by Stillpoint Digital, you agree to be bound by these Terms and Conditions. These terms apply to all users and customers of our services.
2. Services Provided
Stillpoint Digital provides a range of digital marketing, branding, and CRM solutions. The details of specific services and plans are outlined below.
Plan Pricing:The Ultimate Brand Identity
Setup Fee: $1,497 (one-time)Monthly Fee: $197 (ongoing, after setup)Includes: Fully Branded Website, Custom Logo, Branding Guide, and Social Media Content Creation with Algorithm-Proof Strategies.Note: This package requires a 3-month minimum commitment to ensure your brand is fully supported and optimized for success.
Booked & Ready
Setup Fee: $999 (one-time)Monthly Fee: $147 (after setup)Includes: Web Chat Bot*, Booking System, Online Payments, Email Campaigns*, and Workflows.Commitment: A minimum 3-month commitment is required to maximize system integration and results.
Automated Communications & CRM
Setup Fee: $597 (one-time)Monthly Fee: $117 (after setup)Includes: A2P Phone System*, Missed Call Text Back*, Automated Appointment Reminders and Follow-ups*, CRM setup.Commitment: A minimum 3-month commitment is required for seamless system operation and support.
4. Payment Terms
Payments for services are billed monthly, and payment for the setup fee is due upfront.All payments are non-refundable after the setup fee has been paid.A valid credit card or payment method must be provided for the ongoing monthly billing.For services that include a minimum commitment, the client agrees to continue payment for the duration of the commitment period. Early cancellation of services does not reduce the payment obligation for the remaining term.
5. Service Commencement and Duration
The commencement of services will begin once payment has been processed for the applicable setup fee. Services will continue monthly after the setup phase unless cancelled by either party in accordance with the termination clause.
Cancellation: If you wish to cancel services, you must notify Stillpoint Digital in writing (email or letter) at least 30 days in advance of the next billing cycle.Early Termination Fee: If you cancel prior to the end of the commitment period, you will be charged for the remaining monthly fees for the commitment term.Refunds: No refunds will be provided for services already rendered. This includes any setup fees paid for the services provided.
You agree that all content and intellectual property created by Stillpoint Digital during the course of providing services will remain the property of Stillpoint Digital until full payment has been received.After full payment, you will have the rights to use the content and deliverables as agreed upon in the specific service agreement.
Stillpoint Digital will not be held liable for any indirect, incidental, or consequential damages resulting from the use of our services.The maximum liability for any claims against Stillpoint Digital will be limited to the amount you have paid for the services within the last 30 days of the disputed event.
Stillpoint Digital respects the privacy of all clients and their customers. We will not share your information with third parties unless required by law or for the purposes of service provision (e.g., payment processing).Any confidential information shared between you and Stillpoint Digital will be treated as confidential and will not be disclosed to unauthorized parties.
You are responsible for providing accurate and complete information required for the successful delivery of the services. You agree to provide timely feedback and approvals as required during the course of the project to ensure the successful delivery of services.
Stillpoint Digital reserves the right to modify or update these Terms and Conditions at any time.Any changes will be communicated to clients via email or other appropriate means.
These Terms and Conditions shall be governed by the laws of the state in which Stillpoint Digital operates, without regard to its conflict of law principles.
For any questions or concerns about these Terms & Conditions, or if you wish to cancel your subscription or request any further information, please contact me at: 814-430-4088.
NOTE:
Transactional vs. Promotional Messages: Transactional = appointment reminders, confirmations and such. Promotional messages (offers, new services).
Explicit opt-in is needed for promotions.
By providing your mobile phone number and consenting to receive text messages, you authorize Sillpoint Digital to send you transactional text messages related to appointment reminders, follow-ups, notifications, and service-related updates. No marketing or promotional messages will be sent without explicit consent.
Consent is not a condition for service. Message originator opt-in and consent data will not be shared with third parties, except as necessary to fulfill messaging services. Opting in is completed by providing your mobile number during sign-up on the website or via other explicit consent forms.
Message frequency may vary based on your interactions or the nature of the service. You can expect to receive messages only as necessary for reminders, confirmations, and updates - generally limited to no more than 5 messages per week. SMS terms include a general cap of 5 messages per week; however, there may be exceptions during active campaigns or emergencies. These exceptions will be clearly communicated in advance to ensure transparency and avoid misunderstandings.
Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed. Stillpoint Digital is not liable for delayed or undelivered messages.
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to
814-430-4088.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
We reserve the right to modify or discontinue this messaging service at any time without prior notice. Updates to these terms will be posted here.
Clients will be notified of any updates to the Terms & Conditions through email notifications or announcements on the website, ensuring clear and timely communication.
The Force Majeure clause includes examples of technological failures, such as server downtime or internet outages, as events beyond our control.
For privacy-related inquiries, please refer to our privacy policy below.
Website Ownership and Services Ownership of Website Design and Content
Once the project is completed and fully paid for, the client owns the website's design and content. However, Stillpoint Digital retains ownership of any custom features, workflows, or automations unless specifically transferred in writing.
Migration Assistance
If the client wants to move their website to another platform, Stillpoint Digital can provide assistance for an additional fee. This may include guidance or referrals to specialists. Any migration services must be requested and agreed upon in writing.
Providing Website Files
Upon request, Stillpoint Digital can provide website files, such as HTML/CSS code. This service may require an additional fee, and compatibility with other platforms is not guaranteed unless agreed upon in advance.
Disclaimer:
The guidance provided for A2P compliance in any messaging related to the website or services is for informational purposes only and does not constitute legal advice. Clients are encouraged to consult with their own legal counsel to ensure their terms and conditions comply with all applicable laws and regulations.
I value your privacy and am committed to protecting your personal information. This Privacy Policy explains how I collect, use, and protect your data.
2. Information Collected
I may collect personal and payment information necessary to process transactions and provide services. This includes contact information, billing details, and any data necessary for service customization.
I may collect the following types of personal information:
Your name, email address, and phone number (for inquiries and communication). Business details you provide (for project discussions or services). Payment information (for invoicing and transactions). Data related to website visits, like IP addresses, cookies, and browsing behavior (for analytics).
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Client data will be retained for a specified period following service termination. Clients may also request early deletion of their data by contacting support.
I may collect the following types of personal information:
Your name, email address, and phone number (for inquiries and communication).Business details you provide (for project discussions or services).Payment information (for invoicing and transactions).Data related to website visits, like IP addresses, cookies, and browsing behavior (for analytics).
I collect your information to:
Provide services you’ve requested.Communicate with you effectively.Improve my services and website.Fulfill legal or contractual obligations.
Your data is used to:
Respond to inquiries and deliver services. Process payments securely. Send updates or information relevant to your project. Analyze website performance to enhance user experience.
I do not sell your personal information to third parties. However, I may share data with trusted service providers for tasks like payment processing, website hosting, or analytics, but only to the extent necessary for those services.
If you’re located outside the United States, please note that your information may be transferred and stored here in accordance with applicable laws.
You have the right to:
Access the personal information I hold about you. Request corrections to inaccurate or incomplete data. Ask for your data to be deleted, subject to legal or contractual obligations. Restrict or object to how your data is processed. Receive a copy of your data in a portable format.
To exercise your rights, contact me directly using the details provided above. I’ll aim to respond to your request promptly, typically within 30 days.
If you have any concerns about how your data is handled, you can also contact your local data protection authority.
3. Use of Data
I use your data to deliver the services you request, communicate with you, and improve my offerings. Your payment details are processed securely and are used solely for transaction purposes.
4. Data Protection
I implement industry-standard security measures to protect your data, including encryption and secure storage. Your payment information is processed in compliance with PCI-DSS. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.
5. Third-Party Providers
I may share your data with trusted third-party services only to fulfill my obligations to you (such as payment processors, email delivery services). These third parties are required to protect your data and comply with applicable privacy laws.
6. Your Rights
You have the right to access, correct, or delete your personal data. If you wish to exercise any of these rights, please contact me directly.
7. Changes to This Policy
I may update this Privacy Policy from time to time. Any changes will be posted on my website, and I will notify you of significant updates.
You can reach me directly at:
Name: Anna Wesley, Founder of Stillpoint Digital
Phone: 814-430-4088
Email: [email protected]
Website: https://stillpoint.digital/