Terms and Conditions

This agreement defines “Client” as anyone purchasing services from SublimeStart (web design, SEO, social media, etc.). These terms apply to all past, present, and future services. Additional terms may apply based on the purchased services.

General

Below are the General Terms and Conditions, these terms cover all our services.

1. Scope of services

Types of services SublimeStart offer:

Websites:

Design & Development: Website analysis, design, development, launch, and hosting.
Optimization: Updating, securing, and technical SEO.

Advertising & Marketing:

Campaign Management: Across display, search, social, video, retargeting, and Amazon platforms.
Creative Development: Ad copy, visuals, and landing page design.

Content & Copywriting:

Strategy & Creation: Blog posts, articles, video, social media content, presentations infographics.
Management & Optimization: Ongoing management of blogs and social media, with SEO & engagement focus.

2. Authorization

SublimeStart will create and manage new accounts for the Clients services. SublimeStart may request “write permission” to access Client’s existing accounts and those of third-party services needed for the project. The Client will need to provide access.

The client will provide text and other files in common formats like Microsoft Word, .jpg, .gif, .png, or .pdf. If SublimeStart needs to obtain files in other ways, additional charges may apply. Additional web or print materials may be quoted separately.

3. Payment Terms / Workflow

To get Clients project started, SublimeStart requires a 50% deposit upfront. If the client has other payment requirements they should first discuss this with SublimeStart. The remaining balance is due upon project completion. SublimeStarts accept bank transfers through invoices for your convenience.

Please note that if payment isn’t received within 30 days of project completion, your website, content, or advertisement might be temporarily removed until payment is received. To avoid any disruptions, please communicate any potential payment delays with SublimeStart beforehand. SublimeStart can work out alternative arrangements if needed. Persistent late payments may result in your account being handed over to a collection agency.

Project Scope and Changes

SublimeStart will send a detailed project plan and quote outlining the scope of your project. By accepting these terms, you confirm your agreement to this plan. Keep in mind that plans and quotes are valid for 30 days and based on the information you provide. Any changes in requirements or circumstances might necessitate adjustments to the plan and quote.

Termination

SublimeStart reserves the right to terminate our services at any time, with a full refund of your deposit. On the other hand, you have the right to terminate our services at any point, but please note that deposits are non-refundable.

Professional and respectful behavior is expected towards our team and contractors. SublimeStart has zero tolerance for inappropriate behavior, harassment, or threats. Such actions may result in legal action and the resumption of services without a refund.

Payment for Monthly Subscriptions

For monthly subscription services, payment is due upon completion of each month’s work. If payment isn’t received within 15 days of the due date, SublimeStart reserves the right to temporarily suspend your service. If you anticipate any delays, please reach out. Remember, persistent late payments may result in your account being sent to a collection agency.

Additional Expenses

If there are any critical expenses required to complete your project at your request, such as specific fonts, media, software, plugins, online portals, or search engine submissions, you agree to reimburse SublimeStart for those costs.

4. Client Amendments and Additional Services

Changes and Additional Work

SublimeStart strives to provide excellent service and encourage your input during the design process. However, please understand that our agreement doesn’t cover significant changes beyond the initial scope. This includes requests like:

Creating entirely new video, audio, photography, or graphic design elements.
Fundamentally changing the website layout, strategy, or vision.
Redesigning the company logo, graphics, or resetting Google accounts.
Replacing more than half the text, images, or graphics on a page.
Overhauling the navigation structure or ad campaigns.
For monthly maintenance: frequent content updates, extensive shopping cart reconfigurations, or product data changes (if applicable).

If you anticipate frequent design changes or intricate involvement in every aspect, please discuss a custom agreement before starting. Additional work beyond the initial scope will be invoiced accordingly.

Client Modifications After Completion

You may choose to edit or update your website yourself after completion. However, please note that if such modifications damage the design or functionality, repairs will be billed at our hourly rate (80 euros). This applies to monthly maintenance as well.

Subcontractor Involvement

To ensure the best fit and timely completion, SublimeStart reserves the right to assign certain tasks to subcontractors.

5. Intellectual Property

The client warrants that all text, graphics, photos, designs, audio, video, trademarks, and other artwork you provide to SublimeStart for your website are either owned by you or used with the rightful owner’s permission. You hold harmless, protect, and defend SublimeStart and its subcontractors from any claims arising from the use of this content.

The client retains ownership of all content used in developing your website. However, SublimeStart retains ownership of any design elements, code, and other materials created specifically for your project.

6. Limited Liability

SublimeStart is not responsible for your website content or that of any third party. This includes errors, omissions, losses, or damages resulting from content usage. SublimeStart is not responsible for copyright infringements arising from content the Client provides.

SublimeStart is not liable for any damages, direct, indirect, incidental, special, or consequential, arising from:

Use or inability to use your website or services.
Mistakes, omissions, interruptions, errors, or delays in operation or transmission.
Acts of God, communication failure, theft, destruction, or unauthorized access to SublimeStart’s records or services.

7. Indemnification

You agree to defend, indemnify, and hold harmless SublimeStart, its subcontractors, agents, clients, officers, and employees from any and all claims, demands, liabilities, losses, and costs (including reasonable attorney fees) arising from:

Your services or products, including any claims from your agents, employees, or assigns.
Injuries or property damage caused by your website, products, or services.
Intellectual property infringement (copyright, trademark, etc.).
Delivery of defective products or misinformation.

8. Nondisclosure

SublimeStart, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about SublimeStart including strategies, vision, information mind maps, training to another party.

9. Completion Date & Cancellation

SublimeStart and the Client must work together to complete the development in a timely manner for both parties to remain profitable. The client can cancel within 14 days of purchase if the project has not already started. After 14 days, we’ll retain 50% as a deposit and development fee. Further expenses may be billed if 50% doesn’t cover our time and costs.

Once the Client’s project is complete, any further work will be quoted separately. SublimeStart has no obligation to work on completed projects unless the client’s has a monthly maintenance subscription.

10. Revisions to the terms of service

SublimeStart reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms Of Use, Privacy Policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.

Website Terms and Conditions

For client’s purchasing website services

11. Domain Registration

SublimeStart can help you secure your ideal domain name. The associated fee will be added to your invoice. If your desired domain is already taken, we’ll work with you to find a suitable alternative. If client already owns a domain. SublimeStart can redirect it to our hosting server.

12. Standard Hosting Services

SublimeStart can handle two options for working with the clients website hosting account:

Self-Managed Hosting: If you’re comfortable managing your own hosting account, you can order it directly with a provider. This gives you full control over costs and settings.
SublimeStart Managed Hosting: For clients who prefer a hands-off approach, SublimeStart handles the account setup and ongoing maintenance. This includes selecting a suitable provider, configuring the account, and addressing any technical issues.

13. Email Assistance

SublimeStart provides email assistance to clients with websites hosted on our servers. This includes helping you set up email accounts within the allowed limit and configure them using supported email clients like Microsoft Outlook Express and Outlook.

If email setup encounters issues beyond our expertise, you may need to contact your hosting company for further support. Clients with websites hosted elsewhere should seek email assistance from their respective hosting providers.

14. Design Credit & Reviews

SublimeStart reserves the right to include a discreet credit line on your website acknowledging our design and development work.

Your completed website and associated creative assets (graphics, video, audio) may be included in SublimeStart’s online portfolio showcasing our capabilities. Should you have any concerns, please communicate them upfront in writing (email or registered mail).

With your prior consent, SublimeStart may request a text review, audio, or video testimonial to share on our website or marketing materials. Please let SublimeStart know your preferences regarding this option.

15. Browser and Device Compatibility

SublimeStart strives to develop websites that function seamlessly across commonly used browsers like Chrome, Edge, and Firefox. This includes ensuring all critical elements of each page are visible and functional in these browsers.

Sublimestart will test the website on popular browsers and devices to ensure reasonable compatibility. However, SublimeStart cannot guarantee perfect compatibility across all platforms due to the ever-evolving technological landscape. You acknowledge that some users may experience minor visual or functional differences depending on their browser or device.

Some advanced design elements or interactive features may require newer browser versions or specific plugins for optimal performance. Similarly, while SublimeStart aims for future-proof solutions, it’s important to understand that new browser versions may sometimes introduce compatibility issues. SublimeStart will proactively test your website against new versions whenever possible and inform you of any potential issues.

If you require specific compatibility beyond the standard browsers mentioned above, or if a new browser version creates unexpected issues, we’re happy to discuss solutions. Any additional time spent on redesigning elements for compatibility after completion of the project will be negotiated separately.

16. Third Party Integrations

SublimeStart utilizes industry-standard open-source platforms like WordPress CMS and integrates third-party applications to achieve specific functionalities. These platforms and applications, while widely used, have inherent limitations and potential vulnerabilities. SublimeStart is not responsible for any faults, security breaches, or compatibility issues arising from these third-party solutions.

While SublimeStart diligently manage updates, incompatibilities between various platform versions or plugins may occur. Website functionality could be impacted by issues beyond our control, such as hosting errors, server downtime, or force majeure events.

SublimeStart encourages you to discuss your specific needs and any potential concerns regarding open-source solutions during the development process. Ultimately, you understand and accept these limitations and agree to hold SublimeStart and its subcontractors harmless for any claims or lawsuits arising from them.

17. Montly Website Maintenance

Typically SublimeStart offers basic website maintenance services included in your project fee, covering minor updates and bug fixes for a specified period.

For clients purchasing “Monthly Website Maintenance”. SublimeStart will manage regular updates and maintenance of your website. Maintenance frequency depends on website size. This includes tasks like:

Plugin & Widget Updates
Server Settings & Configurations (DNS, MX, etc.)
Security Management & Backups
Programming & code updates that are not impactful site wide (HTML, PHP, CSS, etc.)
SEO Keyword & Content Updates (upon request)

Any requests beyond included maintenance tasks will be billed separately. Update success depends on various factors (server response, compatibility, etc.), potentially impacting the effectiveness of monthly maintenance guarantees. You agree to hold SublimeStart harmless from claims related to such limitations.

18. Content Management System (CMS) Management

If a CMS is used, you will have administrative access to manage content and perform basic tasks. If included in the scope, SublimeStart will provide training on how to use the CMS effectively. Any complex content updates or customization requests may require our involvement and incur additional fees.

19. Downtime and Performance

SublimeStart strives to maintain uptime of 99.5%. However, occasional downtime due to unforeseen circumstances like server outages or software updates is possible. SublimeStart will promptly address any downtime issues and communicate them to you transparently. SublimeStart does not offer compensation for downtime within defined acceptable limits.

20. Project Changes and Approvals

SublimeStart values your input and welcome adjustments to your project. However, changes beyond the initial scope require mutual agreement. This ensures feasibility, aligns with the project’s goals, and minimizes impact on the timeline and budget. Any associated costs will be clearly communicated and require your approval before proceeding.

SublimeStart provides a delivery schedule with milestones. These milestones offer opportunities for you to review and approve completed work, ensuring you remain informed and involved throughout the process.

While SublimeStart strives to adhere to the agreed-upon schedule, unforeseen circumstances may occasionally arise. In such cases, SublimeStart reserves the right to adjust the deadline.

Advertising Terms and Conditions

For client’s purchasing advertising services

21. Payment to Advertisement platforms

SublimeStart offers two options for managing your Ad budget:

Client-Managed Payments: You directly pay to platforms (Google Ads, Meta) for clicks generated by your campaigns. You are responsible for:

Paying the agreed-upon daily, weekly, monthly, or yearly budget.
Using your own credit card.
Notifying SublimeStart before disabling payment methods.

SublimeStart-Managed Payments: For an additional fee, SublimeStart handles the media payment process for you. This includes:

Managing payment information.
Providing you with transparent invoices and reporting.

In both options, SublimeStart will set up and manage your ad campaign accounts on the chosen platforms. SublimeStart provides ongoing campaign management (if on a monthly service plan). Regardless of the chosen payment option, SublimeStart is not responsible for extra fees and penalties.

22. Payment Terms

Due to the nature of advertising, campaign funding, and media placement, all campaign fees, including creative development, media costs, and agency services, must be paid in full before the campaign launch. Exceptions for established clients with proven payment history may be considered.

23. Payment options

SublimeStart offers flexible payment structures to best suit your unique needs and campaign goals. Choose from:

Retainer Model: Secure ongoing campaign management with a monthly retainer, fostering deeper partnerships and clear service expectations.
Hybrid Model: Combined strategy of a retainer and performance-based incentive, for tailored solutions and shared rewards.

Payment structure will be discussed before starting the campaign.

24. Advertising Success Rate

While SublimeStart strives to maximize results through account setup, campaign design, and budgeting, success in paid advertising depends on various factors beyond our control. These include competitor bids, budget limitations, technical issues, and platform policies. In such cases, SublimeStart cannot be held liable.

25. Advertising Refund Policy

Due to the nature of advertising and media spending, no refunds are offered on advertising services, monthly maintenance, and reporting. Refunds won’t be issued for website glitches, policy violations, disapproved ads or website issues. It’s the client’s responsibility to ensure website compliance with platform policies. SublimeStart is responsible for account setup, campaign creation, and modifications, but not performance issues, sales, traffic, or bidding on platforms.

26. Brand Safety and Targeting

SublimeStart prioritizes brand safety and will not engage in targeting practices that associate your brand with harmful content. This includes excluding certain websites, keywords, or demographics based on our internal risk assessments and proprietary targeting methods.

27. Performance Guarantees and Reporting

If agreed upon, SublimeStart offers performance guarantees based on specific metrics, e.g., clicks, conversions achieved within a defined timeframe. Measurement relies on industry-standard tools. You will receive reports outlining campaign performance and budget allocation. Please note that reported results may not include specific targeting details protected by our intellectual property.

Performance-based incentives may apply. Upon exceeding agreed-upon Key Performance Indicators (KPIs), a percentage of media budget spent may be paid as an incentive. Specific KPIs, incentive structure, and payment terms will be detailed in the individual campaign agreement. The agency disclaims any guarantee of achieving specific performance or triggering the incentive.

28. Intellectual Property Rights

Unless agreed upon otherwise all ad creatives, designs, campaign strategies, and associated know-how developed by SublimeStart remains SublimeStarts exclusive intellectual property. This protects SublimeStarts advertising secrets and ensures the value SublimeStart brings to future clients. Use or adaptation requires our written consent and may incur additional fees.

29. Changes in Advertisements and Strategy

The client acknowledges and agrees that the SublimeStart reserves the right to modify, update, or improve advertisements without prior notification. The advertiser may make these changes at their discretion, based on evolving advertising strategies and market conditions, to ensure optimal performance of the advertisements. The client understands that these modifications are made with the intention of enhancing advertising effectiveness and achieving campaign objectives in a timely manner.

30. Advertisement Rejections

In the event that advertisements submitted by SublimeStart are declined by the designated media company (such as Meta or Google), SublimeStart shall not be held liable. The Client acknowledges that the media company reserves the right to reject advertisements based on their own policies, guidelines, or any other criteria deemed appropriate. Therefore, the client understands and agrees that any rejection of advertisements by the media company shall not constitute a breach of contract or liability with SublimeStart. SublimeStart will make every effort to ensure the approval of advertisements (new ads, new accounts, changes in websites), but can’t be held liable for rejections and delays beyond it’s control.

Content Terms and Conditions

31. Content Ownership and Transfership

Due to strategy and quality control, SublimeStart maintains full ownership rights over all content created, unless explicitly stated otherwise in a written agreement.

Clients are granted a non-exclusive license to use the content for their intended purposes, as outlined in the agreement. This license does not confer ownership rights to the client.

SublimeStart reserves all rights to protect its intellectual property, techniques and strategies. Any unauthorized use, reproduction, or distribution of SublimeStart’s content is strictly prohibited and may result in legal consequences.

32. Content Approval Process

SublimeStart understands the importance of ensuring the content aligns perfectly with your brand and message. However due to effcicieny, the client acknowledges and agrees that SublimeStart will proceed with content creation and posting without explicit approval unless otherwise specified in the agreement. By default, Sublimestart will assume the authority to finalize and publish content on behalf of the client, ensuring timely delivery and adherence to project timelines.

The default authorization streamlines the content creation process, allowing Sublimestart to maintain timely delivery and consistency in meeting project deadlines. This approach is designed to expedite project progress while maintaining the quality standards expected by the client.

While Sublimestart assumes authority for content finalization and publication by default, clients are encouraged to provide feedback and suggestions throughout the content creation process. Open communication ensures alignment with client objectives and preferences, facilitating the delivery of content that meets or exceeds expectations.

Clients retain the option to specify in the agreement whether explicit approval is required for content before it is published. Should the client opt for explicit approval, Sublimestart will abide by the agreed-upon process to ensure client satisfaction.

Payment terms will be outlined in the project agreement and may include deposits, milestones, or full payment upon completion. Late payments may incur additional fees or suspension of services until payment is received.

33. Copyright and Licensing

SublimeStart guarantees that all content created will adhere to copyright laws and regulations. Due to efficiency, unless specified in our agreement SublimeStart carries the licenses of the third-party materials. SublimeStart does not want usages of the content out of its scope, due to the which nature and sensitivity that the content has been made.

34. Confidentiality

SublimeStart takes the protection of your confidential information very seriously. Any information you share with us, including brand strategies, target audience insights, and internal communications, will be treated with strict confidentiality. SublimeStart will not disclose this information to any third party without your prior written consent, except as required by law or to fulfill professional obligations, such as complying with audits or legal proceedings.

35. Content Calendar & Collaboration

SublimeStart will provide estimated delivery timelines for all content projects. While every effort will be made to meet these deadlines, unforeseen circumstances may cause delays. Clients will be notified promptly of any delays and provided with revised timelines.

SublimeStart will maintain a transparent and collaborative content calendar outlining upcoming content pieces, publishing dates, assigned responsibilities, and key milestones. Regular communication and feedback exchange are crucial for successful content marketing.

36. Content Promotion & Distribution

While SublimeStart can suggest and implement content promotion strategies (e.g., social media marketing, email marketing), you are responsible for providing access to your relevant social media accounts and email marketing platforms. SublimeStart cannot guarantee specific engagement or reach metrics as these depend on factors beyond our control.

37. Accuracy & Fact-Checking

SublimeStart strives to deliver accurate and factually correct content. However, you are ultimately responsible for ensuring the accuracy of any information you provide, particularly industry-specific details or claims. SublimeStart will fact-check information to the best of our ability, but any errors arising from inaccurate information provided by you remain your responsibility.

Client is responsible for providing necessary information, materials, and feedback in a timely manner to facilitate the content creation process. Failure to do so may result in project delays or additional fees.

38. Keyword Targeting & Research

Typically SublimeStart will conduct value and keyword research to identify relevant words and phrases that align with your target audience, brand and campaign goals. However, you acknowledge that these can fluctuate, and SublimeStart can’t guarantee specific keyword rankings or traffic results.

40. Content Performance

SublimeStart does not guarantee specific results from content creation or marketing efforts. Performance metrics such as website traffic, engagement, and lead generation may vary depending on factors beyond our control, such as algorithm changes or market fluctuations.

Client acknowledges and agrees that SublimeStart does not, and cannot, guarantee specific search engine rankings. Google and other search engines operate by complex algorithms that are constantly evolving and beyond the control of SublimeStart. While SublimeStart will use its best efforts to implement industry best practices and optimize the Client’s website based on current understanding of these algorithms, the final ranking determination resides solely with the search engines.

Rankings can naturally fluctuate due to factors, including algorithm updates, competitor activity, and user behavior. Client acknowledges that achieving desired ranking positions is highly competitive and cannot be guaranteed. Client is responsible for the security and compliance of their website. SublimeStart is not liable for any ranking penalties incurred due to actions beyond its control.

SublimeStart.com Terms of Use

1. Introduction

Welcome to SublimeStart.com (the “Website”). By accessing or using the Website, you agree to be bound by and comply with these Terms of Use (“Terms”). If you disagree with these Terms, you may not access or use the Website.

2. Information

The content on the Website is for general informational purposes only and is subject to change without notice. While SublimeStart strives to provide accurate and up-to-date information, SublimeStart does not guarantee its accuracy, completeness, or suitability for any specific purpose. You acknowledge that you are responsible for verifying any information before relying on it and agree that SublimeStart is not liable for any damages or losses arising from your use of the information.

3. Intellectual Property

All content, design, and layout of the Website, including but not limited to text, graphics, logos, and icons, are the exclusive property of SublimeStart or our licensors and are protected by copyright, trademark, and other applicable intellectual property laws. You may not reproduce, modify, distribute, or transmit any part of the Website without our prior written permission.

4. Trademarks

Certain trademarks, service marks, and logos displayed on the Website are the registered or unregistered trademarks of SublimeStart or our licensors. Website users may not use any of these trademarks without our prior written permission.

5. Disclaimer of Warranties and Limitations of Liability

SublimeStart.com, its affiliates, and its licensors are not liable for any damages or losses arising from your use of this website or its information. This includes any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if SublimeStart.com has been advised of the possibility of such damages.

6. Indemnification

Users agree to indemnify, defend, and hold Sublimestart and our affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to your use of the Website or your violation of these Terms.

7. Governing Law and Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be submitted to and resolved by the courts of The Hague, The Netherlands.

8. Privacy Policy Acknowledgement

Respecting your privacy is critical to us. By using this website, you acknowledge that you have read and understood our Privacy Policy. Here you can find more information on use of personal information and cookies.

9. Contact us

If you have any questions regarding these Terms, please contact SublimeStart at contact@sublimestart.com.