Welcome. By browsing or using this website, you agree to the terms and conditions below, which work together with our Privacy Policy to govern our relationship with you. If you disagree with any part of these terms, please do not use the website.
Who we are
This website (sundaewebsites.com) and the Sundae Websites brand are operated by Sundae Digital Marketing and Automation, located at 1510 Stuart Rd NE #203, Cleveland, TN 37312. In these terms, “we,” “us,” and “our” refer to that business. “You” refers to the user or visitor of this website. The business is operated in the State of Tennessee.
Communications
When you create an account or submit your contact information, you agree to receive newsletters, marketing, and other messages we may send. You can opt out of any of these at any time by using the unsubscribe link or the instructions included in each message.
Purchases and project work
If you purchase a product or service through this website (“Purchase”), you may be asked to supply information relevant to the order, including payment details, billing address, and contact information.
You represent that you have the legal right to use any payment method you provide, and that the information you give us is true, correct, and complete.
Project-based work, such as website design and marketing services, is governed by the specific proposal, estimate, or service agreement we provide for that work. Where a separate agreement covers scope, fees, timelines, and deliverables, that agreement controls if it conflicts with these general terms.
We may use third-party services to process payments and complete Purchases. By submitting your information, you authorize us to share what is needed with those processors, subject to our Privacy Policy. We may refuse or cancel an order at any time for reasons that include product or service availability, an error in the listing or pricing, or a suspected fraudulent or unauthorized transaction.
Payment terms
Invoices are due on the date stated in your proposal, estimate, or service agreement. We may schedule, hold, or pause work based on payment, and we may withhold delivery of files and access while an account is past due.
Past-due amounts accrue a late charge of 1.5% per month, or the highest rate allowed by Tennessee law if that is lower, on the unpaid balance until it is paid. You are responsible for the costs we reasonably incur to collect a past-due amount, including collection costs and reasonable attorney fees.
Subscriptions
Some services, such as hosting, maintenance, and automation plans, are billed on a recurring basis (“Subscription”). You are billed in advance on a repeating cycle (“Billing Cycle”), set to either monthly or annual terms depending on the plan you choose.
At the end of each Billing Cycle, your Subscription renews automatically under the same terms unless you cancel it or we cancel it. You may cancel renewal by contacting us at [email protected] before the next Billing Cycle begins.
A valid payment method is required to process Subscription billing. By providing it, you authorize us to charge the recurring fees to that payment method. If automatic billing fails for any reason, we may issue an invoice and ask you to complete payment manually by the date shown.
Fee changes
We may change Subscription fees at any time. Any fee change takes effect at the end of the current Billing Cycle. We will give you reasonable notice before a change takes effect so you have the chance to cancel before it applies. If you continue using the service after a fee change takes effect, you agree to pay the updated amount.
Refunds and cancellations
Fees for completed work and for Billing Cycles already begun are generally non-refundable, except where a refund is required by law or stated in your specific service agreement. You may cancel a Subscription at any time to stop future billing, and cancellation takes effect at the end of the current Billing Cycle. We do not provide prorated refunds for partial cycles unless your service agreement says otherwise. If you believe you were charged in error, contact us at [email protected] and we will review the charge in good faith.
Chargebacks and payment disputes
If you have a concern about a charge, contact us first at [email protected] so we can resolve it. You agree to raise any billing dispute with us before requesting a chargeback or payment reversal from your bank or card issuer. Filing a chargeback without first contacting us is a breach of these terms.
If a payment is reversed, charged back, or otherwise not honored, that payment is not complete. Any ownership or license that depends on payment in full does not transfer and does not vest until the amount is paid and the payment is final and no longer subject to reversal. You remain responsible for the full amount owed, plus any chargeback or reversal fees charged to us, our collection costs, and reasonable attorney fees we incur in recovering it.
Availability, errors, and inaccuracies
We update our offerings regularly and may at times be delayed in updating information here or in our advertising elsewhere. Information on the website may contain errors or may be incomplete or out of date. We may correct any error, inaccuracy, or omission, and may change or update information at any time without prior notice.
Promotions
Any contests, sweepstakes, or other promotions we make available may be governed by rules separate from these terms. If you take part, please review the applicable rules and our Privacy Policy. Where a promotion’s rules conflict with these terms, the promotion rules apply to that promotion.
Your content
Our services may allow you to post, store, or share information, text, graphics, video, or other material (“Content”). You are responsible for the Content you provide, including its legality and appropriateness, and for making sure you have the rights to use it.
By providing Content, you grant us the right to use, modify, display, and reproduce that Content as needed to provide the service to you. This license ends when your Content is removed, except to the extent we have already shared it with others through the service or are required to retain it by law. You represent that the Content is yours or that you have permission to use it, and that it does not violate the rights of any other person or entity.
We have the right, but not the obligation, to monitor and edit Content provided by users. We may remove Content that we believe violates these terms or the rights of others.
Accounts
When you create an account with us, you confirm that you are over the age of 18 and that the information you provide is accurate and current. You are responsible for keeping your account and password confidential and for all activity that occurs under your account. Notify us right away if you become aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available to you, a name or trademark subject to the rights of another, or a name that is otherwise offensive or obscene. We may refuse service, close accounts, or remove Content at our discretion.
Copyright policy
We respect the intellectual property rights of others, and we respond to claims that Content posted through the service infringes the copyright or other rights of any person or entity. If you are a copyright owner, or authorized to act on behalf of one, and you believe your work has been copied in a way that amounts to infringement, please send your claim to [email protected] with the subject line “Copyright Infringement” and include the details described below. You may be held accountable for damages, including costs and attorney fees, for any misrepresentation or bad-faith claim.
DMCA notice and procedure
You may submit a notice under the Digital Millennium Copyright Act (see 17 U.S.C. 512(c)(3)) by providing the following in writing to [email protected]:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work you claim has been infringed.
- The location on the service where the material you claim is infringing can be found, including the URL.
- Your address, telephone number, and email address.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
Ownership of deliverables
“Deliverables” means the final work we create specifically for you under a project, such as the design and content of your website. Ownership of the Deliverables, and all intellectual property rights in them, transfers to you only after we receive full payment in cleared and final funds that are no longer subject to reversal or chargeback. Until then, we retain all rights in the work, and any access you have to it is a limited, revocable, non-transferable license for review and approval only. If a payment is reversed or charged back, the transfer does not take effect and any license granted ends.
A few things are carved out of that transfer and remain owned as described below:
- Pre-existing materials. Any code, frameworks, templates, tools, and other materials we created before or outside your project, including anything we reuse across clients, remain our property. We grant you a non-exclusive, ongoing license to use them as part of your Deliverables.
- Third-party assets. Stock images, fonts, plugins, themes, and other third-party materials are licensed under their own terms and passed through to you. Neither of us owns them, and your use of them is subject to the original license.
- Portfolio rights. We keep the right to display and describe the completed work in our portfolio, case studies, and marketing.
Where we host your website, the live site and related access remain available only while your hosting account is active and paid. If hosting ends or the account falls past due, the site may be taken offline until the account is restored.
Intellectual property
The service and its original content, excluding Deliverables and Content provided by users, along with its features and functionality, are and will remain the property of David Eldred, doing business as Sundae Digital Marketing and Automation. The service is protected by copyright, trademark, and other laws of the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Content on the service that belongs to us or is used with permission may not be distributed, modified, transmitted, reused, downloaded, reposted, copied, or used for commercial purposes or personal gain without our express written permission.
Links to other websites
Our service may contain links to third-party websites or services that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website or service. We are not responsible for any damage or loss caused by your use of any such content, goods, or services. We encourage you to read the terms and privacy policies of any third-party website you visit.
Termination
We may suspend or close your account and block access to the service at any time, without prior notice or liability, for any reason, including a breach of these terms. If you wish to close your account, you may stop using the service. Provisions that by their nature should survive termination will survive, including ownership provisions, payment obligations, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless David Eldred, doing business as Sundae Digital Marketing and Automation, from any claim, damage, obligation, loss, liability, cost, or expense, including reasonable attorney fees, arising out of your use of and access to the service, your breach of these terms, or Content you posted on the service.
Limitation of liability
To the fullest extent allowed by law, in no event will David Eldred, doing business as Sundae Digital Marketing and Automation, be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of your access to or use of, or inability to access or use, the service. Our total liability for any claim related to the service will not exceed the amount you paid us for the service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
Disclaimer
The service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
Governing law and disputes
These terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules. You agree that any dispute arising from these terms or the service will be brought exclusively in the state courts located in Bradley County, Tennessee, or in the federal courts whose district covers Bradley County, and you consent to the jurisdiction of those courts. In any such dispute, the prevailing party is entitled to recover its reasonable attorney fees and costs. Our failure to enforce any right or provision of these terms is not a waiver of that right or provision.
Changes to these terms
We may revise these terms at any time at our discretion. If a revision is material, we will provide at least 15 days’ notice before the new terms take effect. What counts as a material change is decided at our discretion. By continuing to use the service after revisions take effect, you agree to the revised terms. If you do not agree to the new terms, please stop using the service.
Entire agreement
These terms, together with our Privacy Policy and any specific service agreement we provide for project work, make up the entire agreement between you and us regarding the service, and they replace any earlier agreements on the subject. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions stay in full effect.
Contact us
If you have any questions about these terms, please reach out.
Sundae Digital Marketing and Automation
Email: [email protected]