Service Agreement

PhotoBiz Services Agreement

Last Updated On: March 9, 2016

This PhotoBiz Services Agreement ("Agreement") is entered into between you and PhotoBiz, LLC ("PhotoBiz").  This Agreement incorporates the PhotoBiz Terms of Use (photobiz.com/terms).  By purchasing any one of our Services, which are identified below, you voluntarily enter into this Agreement.

PhotoBiz may offer services like "Custom Site", "Website Styling", "Custom Splash Page", "Custom Form Styling", "SEO Kickstart", "SEO Engagement", and "Logo Design" (herein referred to as "Services", or individually "Service"), in which PhotoBiz would directly help you with your PhotoBiz website.  The exact name of the Service may not be listed here, but that does not affect his Agreement. PhotoBiz would perform the Services in exchange for fixed-price fees.  Please carefully read this Agreement and any other associated documents before paying for any PhotoBiz Service.

Section 1: General Limitations / Specific Limitations Listed

The work for each Service will be strictly limited to the tasks listed on the PhotoBiz website in PhotoBiz emails, and on PhotoBiz questionnaires. The website, email, or questionnaire will also specifically list work that PhotoBiz will not do for each Service. If you do not agree with the level of service you will be provided, please immediately opt for our full money-back guarantee within the allowed time period. Also, a PhotoBiz monthly membership is required and the work is to be performed only in conjunction with PhotoBiz products.

Section 2: Service Limited to One Website in One Account; Election of Product and Website

Each Service purchased applies to only one PhotoBiz website in one account, including pre-purchased mirror sites.  For instance, if you wanted the Website Styling Service for both your primary website and your sub-site, you would need to purchase two (2) units of the Website Styling Service. If you wanted the SEO Kickstart Service for two websites (a.k.a. sub-sites) on your account, you would need to purchase two (2) units of the SEO Kickstart Service. If you are a client with two accounts, you would need to purchase two (2) units of any Service to have the Service on each account.

At the initial consultation, you must elect which product and website your purchased Service will apply to.  After the election at the initial consultation, you may not change which product and website the purchased Service will apply to and will not be entitled to a refund.

Section 3: Mandatory Activation Period

You have sixty (60) days from the date of purchase to activate your Service by having your initial consultation.  The consultation must be scheduled and take place by the sixtieth (60th) day after purchase, or PhotoBiz's work on the Service will be deemed complete and no refund will be given.

Section 4: Limitations on the Amount of Work Allowed For All Services

Total Time: All Services have a time limitation for the total hours spent by PhotoBiz.  While PhotoBiz anticipates all Services will be rendered under the allotted time, PhotoBiz reserves its right to complete its Service when the hour limit is reached.  In such case, PhotoBiz will keep track of its agents' time and report to you that the maximum has been reached, specifying the time spent on each task. Please note that for some tasks, multiple agents will be expending time to work on the Service and each agent's time counts toward the maximum.

The time limitation for each Service is the dollar amount paid for the Service divided by $125.00. For example, if a Service costs $1500, the maximum time allowed for that Service would be 12.0 hours ($1500/$125 = 12.0 hours).

Rounds of Revisions: All Services except SEO Services have limitations on the rounds of revisions. The respective limitations should be listed in the email and questionnaire you receive after purchasing the Service. After working with an agent on your revisions, the agent shall confirm with you via email that you are satisfied with the revisions. Once satisfied, the subsequent publishing shall be deemed a revision. While PhotoBiz anticipates you will be satisfied with the results reached within the allotted revisions, PhotoBiz reserves its right to complete its Service when the revisions limit is reached. PhotoBiz may offer additional revisions for a fixed fee.

30 Day Limit (except SEO Engagement Service): Each Service shall be completed within 30 days of project inception, except for the SEO Engagement Service, which shall be completed within 90 days (please note that SEO Engagement Service is not the same as SEO Kickstart Service).  Project inception is the day of the initial consultation.  PhotoBiz's work on the Service is complete 30 or 90 days, respectively, after project inception (i.e. the initial consultation).

Section 5: Limitations on the Money Back Guarantee

Currently, all PhotoBiz products have a fourteen (14) day money-back guarantee (see the last paragraph in Section 11).  The guarantee also applies to PhotoBiz Services; however, once an initial consultation has begun, the money-back guarantee no longer applies.  Because of the nature of the Services, PhotoBiz cannot give refunds after it has begun its work.

Section 6: No Intellectual Property Rights Granted; Disclaimer

By performing any of its Services, PhotoBiz is not conveying to you any intellectual property rights, such as copyrights or trademark rights.  Any of the backgrounds, color schemes, logos, or any other combinations of design elements provided may be used for other customers.  PhotoBiz does not warrant and specifically disclaims that you will acquire or accrue any intellectual property rights arising from its Services work.  Any backgrounds, color schemes, logos, or any other combinations of design elements may be open source, copyright free, or the intellectual property of PhotoBiz.  To the extent applicable, PhotoBiz grants you a personal, non-exclusive, non-transferable, limited, and revocable license to you use the backgrounds, color schemes, logos, or any other combinations of design elements provided in its Services on your PhotoBiz website.

Section 7: Disclaimers; Cooperation Required; System Limitations; No Ongoing Maintenance

PhotoBiz shall not prepare copy (words and sentences) as a part of any of its Services.  PhotoBiz may at some point offer a sample terms of use*and privacy policy* or other form of language, which would be an exception to this rule.  In the event that a PhotoBiz agent suggests copy to you or places sample copy in your product, PhotoBiz shall not be responsible for any liability arising out of that copy.  You agree that any copy you allow to be placed on your website is solely your copy and that you will be completely responsible for that copy.

*Any sample terms of use and sample privacy policy ("Provided Items") do not form the basis of an attorney-client, contractual, or fiduciary relationship.  If you use the Provided Items, you do so at your own risk, and you agree to hold harmless PhotoBiz and its affiliate companies for any resulting liability arising from your use of the Provided Items.  The Provided Items may need to be customized.  There may be specific state or local laws that the Provided Items do not address.  Your particular website or ecommerce solution may require a specialized version of the Provided Items.  PhotoBiz recommends that you consult with a licensed attorney in your jurisdiction before relying on the Provided Items.

PhotoBiz shall strive with Passionate Support® to provide you with satisfaction from its Services.  However, image design and creation is very subjective in nature.  Therefore, we cannot and do not guarantee satisfaction.  Similarly, SEO results or a social media following depend on a multitude of factors which cannot be guaranteed.  Therefore, we cannot and do not guarantee any specific or general results with our Services.

PhotoBiz's system is templated, not custom. The templates allow for beautiful, functional, easy-to-use, cost-effective solutions. The Services provide a custom touch within the templated framework. However, the Services are limited by the PhotoBiz templated system.

For PhotoBiz to successfully provide each Service, your full cooperation is required.  PhotoBiz needs you to provide it with your images, preferences, ideas, and copy in a timely fashion.  This will give PhotoBiz the best opportunity to provide you with excellent service.  PhotoBiz shall not be responsible for your failure to cooperate, which might include: a failure to communicate with PhotoBiz, a failure to submit content (e.g. copy or pictures) to PhotoBiz, or untimely submissions to PhotoBiz.  Specifically for the longer SEO Service, you must not change your revised metadata for 30-45 days (as instructed by PhotoBiz) so that the effectiveness of the changes might be seen.

PhotoBiz Services do not include ongoing maintenance (whether desing or SEO).  At this time, PhotoBiz does not offer a maintenance plan, but may do so at some point in the future.  At this time, in order to have PhotoBiz do maintenance, an entirely new Service must be purchased.