The following document outlines the terms of use for the Saxon Creative website. Please review our Privacy Policy, which details how we handle any personal information you provide.
Before utilizing any Saxon Creative services, you must read, comprehend, and agree to these terms. Account creation is only permitted after acknowledging and accepting these terms. THE LEGAL AGREEMENTS BELOW GOVERN YOUR USAGE OF THE SAXON CREATIVE SERVICES (“SERVICES”). BY USING THE SAXON CREATIVE SERVICES, YOU CONSENT TO THESE TERMS, WHICH MAY BE AMENDED AT SAXON CREATIVE’S ABSOLUTE DISCRETION. IF YOU DISAGREE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Acceptance of Terms
The web pages on saxoncreative.com and linked pages (“Site”) are owned by Saxon Creative, Inc. Access is granted under the described Terms of Use (“Terms”).
Carefully read these terms before using the services. Accessing the site or using any services indicates agreement to these terms, along with our Privacy Policy. If you disagree with any part of the terms, do not access the site.
Description Of Service
Our services for online maintenance and support are exclusively designed for individual WordPress installations. The range of services extends to, but is not confined to, any service or content provided or performed by Saxon Creative for users.
Saxon Creative retains the right to modify, suspend, or terminate the availability of the website, services, or remove any content at its sole discretion and without prior notice.
The following applies to the Website Care Packages:
- Website Care Packages by Saxon Creative are month-to-month agreements.
- The Monthly Website Care Packages require credit card for payment. No other forms of payment will be accepted.
- Clients may terminate this agreement at any time with 30 days written notice. Additional fees may apply for early termination.
- Saxon Creative may terminate this agreement at anytime with written notice to the client.
- There are absolutely no refunds for any fees related to Website Care Packages.
- When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos.
- Minor updates are limited to 5 incidents per week depending on availability. More minor updates may be able to be completed each week depending on the Saxon Creative master project schedule. The client may submit a support ticket to find out if more updates may be allowed in a given week.
- There is no roll-over for any Website Care Package services.
- Urgent and/or Rush updates, modifications, or edits will be completed within 24 hours. A fee of $50 will be charged if updates and/or modifications or edits are required to be completed on Saturday or Sunday.
Monthly Maintenance Minor Update Listing
- Small text changes (not including changing an entire page of text)
- Adding a blog post (all content, images and outgoing links must be provided)
- Adding or modifying a link
- Adding or changing a photo/image
- Adding or modifying a menu item
- Adding or modifying meta data (keywords, descriptions, title, etc. on a page)
- Changing page URLs
- Uploading a new advertisement
- Changing out a banner ad (but not designing it)
- Adding or modifying a product in a catalog or e-commerce system
- Adding or modifying a calendar event
Non-Minor Updates & Additional Monthly Maintenance Services
Please note: these services carry an additional fee on top of your monthly maintenance fee.
- Add a Blog
- Add a calendar
- Create a “pop-out” menu
- Add a home page slideshow
- Add Google Analytics/Sitemaps
- Add a new page
- Add a new template
- Add an online form
- Add a “Map & Directions” page
- Add an online product catalog
- Add an online shopping cart*
- Add an online payment gateway*
* E-commerce and/or payment gateways require additional services that require additional fees.
* For all other services, please open a support ticket for pricing and turnaround times.
Payment
You acknowledge your obligation to pay for the services, and Saxon Creative is authorized to charge your payment method for any purchased services and additional amounts, including applicable taxes and late fees associated with your account. It is your responsibility to ensure the timely payment of all fees and to furnish Saxon Creative with a valid payment method.
The total price comprises the product cost but explicitly excludes any relevant taxes, with service tax calculated based on the bill-to address and the applicable tax rate when using the services. Tax will only be charged in jurisdictions where services are taxable.
Saxon Creative reserves the right to alter service prices at its sole discretion. The services do not offer price protection or refunds in the event of price reductions or promotional offerings.
Promotions
Accumulation of promotional offers is not permitted.
Refusal of Service
Use of Services and Rented Content
You acknowledge that the Service may incorporate security technology limiting your usage, and you commit to using the Service in adherence to the applicable usage rules established by Saxon Creative and its licensors (“Usage Rules”). Any unauthorized use may constitute a copyright infringement. Saxon Creative retains the right to alter the Usage Rules at any time.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise manipulate any security technology related to the Usage Rules, nor attempt or assist others in doing so. Saxon Creative may monitor and control Usage Rules for compliance, with the authority to enforce them without notice. You commit to accessing the Service only through acceptable software and refrain from accessing or attempting to access unauthorized accounts. Breaches of system or network security may result in civil or criminal liability.
–>
Release and Indemnity
You explicitly and irrevocably release and forever discharge Saxon Creative, its affiliated and associated companies, as well as their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands, whether in law or equity, that you ever had, currently have, or may have in the future. This release is for, or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
Furthermore, you agree to indemnify and hold harmless Saxon Creative, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from any claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary, and indirect damages), as well as reasonable attorneys’ fees. This indemnification is related to, resulting from, or arising out of, in whole or in part: (i) any breach of these Terms, whether deemed material or immaterial; (ii) the use of or reliance upon the Services by you or any person acting on your behalf, or using your account or Saxon Creative username and password; or (iii) any material or immaterial violation of the rights, title, or interests of any third party.
Limitation of Liability
Under no circumstances shall Saxon Creative be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law, or with respect to the site, the service, or any content, for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You acknowledge that your exclusive remedy for any damages you claim to have sustained as a result of the Services is to terminate your subscription.
Saxon Creative, along with its licensees, affiliates, and licensors, provides no warranties, express or implied, regarding the Services. This includes, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Your sole remedy and our sole liability shall be your ability to terminate the service upon receipt by Saxon Creative of your written notice of termination, to the fullest extent allowed by applicable law.
Limitations of Liability and Indemnification
Read and understand our liability limits before ordering services. Saxon Creative is not liable for third-party actions.
Limited Warranties
Saxon Creative does not actively monitor or exert control over the content of information transmitted through its servers. The use of the services or any information obtained from them is at the customer’s own risk. The services are provided on an “as is” basis, and the customer’s use of the services is entirely at their own risk. Except as specified in the order form(s), Saxon Creative does not make, and explicitly disclaims, any and all other express and/or implied warranties. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title, as well as any warranties arising from a course of dealing, usage, or trade practice. Saxon Creative does not guarantee that the services will be uninterrupted, error-free, or completely secure.
Disclaimer Regarding Actions Caused by and/or Under the Control of Third Parties
Saxon Creative does not possess the capability to control the flow of information to or from its network and other portions of the internet. This flow is largely dependent on the performance of internet services provided or controlled by third parties. Actions or inactions of such third parties can, at times, adversely affect or disrupt a customer’s connections to the internet (or portions thereof). Saxon Creative cannot assure that such events will not occur. Therefore, Saxon Creative disclaims any and all liability resulting from or related to such events.
Delays and Interruptions
Saxon Creative shall not assume liability for any loss of data resulting from delays, data corruption, non-deliveries, mis-deliveries, or service interruptions. The customer is solely responsible for the selection, use, and suitability of the services, and Saxon Creative shall bear no liability in this regard. Unless attributable to Saxon Creative’s gross negligence or willful misconduct, neither Saxon Creative nor its network services supplier shall be held liable for unauthorized access to Saxon Creative or the customer’s transmission facilities or premise equipment, or for unauthorized access to, alteration, theft, or destruction of the customer’s data files, programs, procedures, or information, whether occurring accidentally, through fraudulent means or devices, or by any other method, regardless of whether such damage results from Saxon Creative or its network service supplier’s negligence.
Indemnification
Each party agrees to indemnify and absolve the other from any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings, or judgments (collectively referred to as “Losses”). These Losses may arise from any third-party claim, suit, action, or proceeding against the other party or its affiliates, related to or stemming from (i) any infringement or misappropriation, or alleged infringement or misappropriation, of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. The customer also undertakes to indemnify Saxon Creative and its affiliates against any Losses that arise from or relate to any content provided by the customer or the customers/clients of the customer. The customer agrees to reimburse Saxon Creative and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by Saxon Creative and its affiliates in connection with any such Losses.
Consequential Damages
Apart from the indemnity obligations of the parties, neither party will be liable or accountable to the other for any form of incidental, punitive, indirect, or consequential damages. These damages include, but are not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment. This limitation applies even if the party has been advised of the possibility of such damages and arises under theories of contract, tort (including negligence), product liability, strict liability, or any other legal theory.
Acceptance
Kindly be advised that by submitting your payment, you are acknowledging your agreement to all the terms of service outlined herein. Saxon Creative reserves the right to modify or update these terms at its discretion without prior notice. The user of this site affirms acceptance of the terms of this agreement on behalf of their organization or business. This Agreement represents the complete understanding between the parties, and any alterations or amendments must be in writing and require the signatures of both parties.
Intellectual Property
The exclusive intellectual property rights to Saxon Creative, saxoncreative.com, and other Saxon Creative elements such as graphics, logos, designs, page headers, button icons, scripts, and service names belong solely to Saxon Creative. The utilization of Saxon Creative’s intellectual property in connection with any product or service requires the prior written consent of Saxon Creative.
Support Requests & Reasonable Use
To receive timely and effective support, it is essential to submit requests through the designated channels. For support inquiries, kindly send an email to [email protected].
Each support request is subject to a minimum one-hour fee, and the required effort for development is determined exclusively by Saxon Creative management. In cases where the work falls outside the scope of Saxon Creative, alternative solutions, including referral to the Saxon Creative partner network, may be provided.
While Saxon Creative offers 24/7 support, there is no explicit or implied guarantee regarding the timeframe for resolving support requests. Approval of your requests is contingent upon the evaluation of Saxon Creative management or its assigned agent.
Nature of Requests
Support requests should align with the following categories:
- UI troubleshooting (HTML, CSS, Javascript)
- Styling elements with CSS
- Content population & image manipulation
- Creation of basic graphics (e.g., buttons, banners, etc.)
- WordPress consulting (advice and support)
- Optimization of CSS, Javascript, and Images
- Plugin installation and implementation
If there is uncertainty about whether a request fits these criteria, kindly submit it as a ticket to our support system. We will review and either accept or deny the ticket based on managerial approval.
Third-Party Materials
Some services may incorporate materials from third parties. Saxon Creative might offer links to third-party websites for your convenience. It is understood that Saxon Creative is not obligated to inspect or assess the content or accuracy of third-party materials or websites. Saxon Creative does not guarantee, and disclaims any liability or responsibility for, the accuracy or content of third-party materials, websites, or any other materials, products, or services provided by third parties. You agree not to use third-party materials in a manner that would infringe or violate the rights of any other party, and Saxon Creative bears no responsibility for any such use by you.
Unlimited and Reasonable Use
The term “unlimited” is governed by a reasonable use clause, the interpretation of which is solely determined by Saxon Creative management. Customers found to be misusing the Saxon Creative service will be notified by Saxon Creative management. Saxon Creative management reserves the exclusive right to suspend service if deemed necessary.
Termination & Cancellation
Cancellation is possible at any time. You are not obligated to continue with our services, and we encourage you to choose what best suits your needs. If you are dissatisfied with our service, we welcome your feedback to improve our offerings.
Saxon Creative reserves the right to terminate or suspend all Services and/or your Saxon Creative account immediately, without prior notice or liability, for any reason, or for no reason, including a breach of the Terms. Upon termination, your right to use the Services will cease. To terminate your Saxon Creative account, please contact us with your termination request. Certain provisions of the Terms, including ownership, warranty disclaimers, indemnity, and limitations of liability, will survive termination.
You can submit a termination request through the contact page or support area.
Change in Terms
Saxon Creative retains the right, at its sole discretion, to amend or substitute the terms at any time. In the event that the modifications represent a significant alteration to the terms, Saxon Creative will inform you by posting an announcement on the site. The determination of what constitutes a material change will be made at Saxon Creative’s sole discretion. It is your responsibility to review and acquaint yourself with any such modifications. Your use of any service or viewing of any content following notification of a material change to the terms will signify your acceptance of the Terms as modified.
Miscellaneous
The Terms do not create an agency, partnership, joint venture, or employment relationship, and you do not possess any authority to bind Saxon Creative in any manner. The failure of either party to enforce any right herein shall not constitute a waiver of any further rights. Saxon Creative is not liable for failure to perform obligations due to causes beyond its reasonable control, including mechanical, electronic, or communications failure. If any provision of the Terms is deemed unenforceable or invalid, it shall be limited or eliminated to the minimum extent necessary, allowing the Terms to remain in full force and effect. Saxon Creative may transfer, assign, or delegate the Terms and its rights and obligations without requiring your consent. The Terms are governed by the laws of The United States of America, as if made within Tennessee between two residents thereof, and both parties submit to the exclusive jurisdiction of Tennessee courts. Both parties acknowledge that the Terms constitute the complete and exclusive statement of their mutual understanding, superseding all prior written or oral agreements, communications, and understandings related to the subject matter of the Terms. Any modifications must be in writing and signed by both parties, except as expressly provided herein.
