Updated 3/2024
These Terms of Service are an agreement between you and Sand Dollar Holdings II, LLC. (doing business as WooPal). By using the WooPal website and any services accessible from the WooPal site (the “Services”), you are agreeing to be bound by the following Terms of Service.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice.
If you do not agree to these terms, please do not use our Services.
Terms of Service & License Agreement for Design Services
By accessing the WooPal.com website and/or purchasing any product, downloading any files, or using any of our design services you have agreed to be bound by the following terms and conditions, privacy policies and licensing agreement.
Please read all information carefully as it will affect your legal rights and obligations.
Independent Contractor
Stephanie Cartrett of WooPal.com is an independent contractor; and is not an employee, partner or affiliated with any company of you, the Client’s. Stephanie Cartrett will provide graphic, blog and web design services under your direction; however, Stephanie Cartrett retains the right to decide the manner and means that the services are accomplished.
Proposal
The email received after your initial inquiry for custom design services will have a Proposal attached and will serve as what WooPal.com notes as “your Proposal” throughout the entire process. The Proposal itself will be effective only for the period of time listed under the “validity date” found on the Proposal itself. If WooPal.com receives an email from you after the validity date has expired, another proposal may be drafted and emailed to you for approval. Once signed, WooPal.com's Proposal Acceptance Agreement, will serve as a binding contract between you and WooPal.com in conjunction with the Proposal itself, along side the Terms of Service Agreement. Pricing and terms of each Proposal are subject to change anytime after the validity date has expired.
Client Responsibilities & Completion
The WooPal team prefers email or correspondence via our project management software for all projects. WooPal.com does not accept any type of questions or troubleshooting about current or past projects made via Social Media. WooPal.com does accept testimonials via email and/or via our feedback form on the WooPal.com website.
a) It is imperative that you, the Client, return all correspondence with detailed, constructive feedback within 5 business days to keep all projects moving forward smoothly. In the event, there is no response within 5 business days, WooPal.com reserves the right to bill you for any additional fees incurred. Additionally, if there is no response within 15 business days, WooPal.com reserves the right to terminate the Agreement and bill any unpaid balances, if any, at that point. Payments made towards the project(s) as described in the Proposal will be used as a kill fee in order to compensate WooPal’s time and expenses in the event the Agreement has been terminated.
b) It is extremely important that you, the Client, are happy with your new site design. To that end, it is very important that you take the time to research and think about what you want your design to look like before we start and clearly communicate your ideas to your WooPal designer by thoroughly completing all project planning guides.
c) WooPal’s project completion dates vary based on response times to her correspondence and the type of project being worked on. WooPal prioritizes and plans out a design schedule for each day, week and month depending on the current amount of Client’s and/or work that needs to be completed. All project planning guides must be returned before any work will begin on a project. In general, the initial design process is the most lengthy potentially taking up to 10 business days for initial concepts to be delivered. Please allow up to 5 to 7 business days for revisions to be made and returned to you. For all rush/weekend/holiday services please inform WooPal of the extent of the project as well as the rush completion date and expect to pay a premium for all rush services.
d) The Client is responsible to back up a copy of their original template and widgets or plugins.
e) The Client is responsible for all content creation for both posts and pages unless otherwise stated in the Proposal.
f) You also agree that once final(s) have been released, distributed, reviewed and signed off, by you that WooPal no longer holds any responsibility for any/all errors and will not be held responsible for any errors once a project has been sent to print, been published, distributed, displayed, etc. in any way. You, the Client, also acknowledge that you will incur any/all costs to remedy the error in any manner at no fault of WooPal. You, the Client, shall indemnify, defend (by counsel reasonably acceptable to Association) and hold harmless WooPal.com and its officers, directors, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the negligence or misconduct of you the Client, in connection with performance of the work described in this Agreement.
g) Once a project has begun and you have acknowledged either by digital signature, visiting the WooPal.com website and/or on WooPal’s forms that you have read, understand, agreed to WooPal’s Terms of Service Agreement; you, the Client, will be held to all standards set in the Agreement, as well as any and all legal fees necessitated to resolve any dispute that may arise at no fault of WooPal.
Copyright & Liability
The completed services are provided “as is” once the service has been paid in full and all assets have been delivered. In no event shall WooPal.com and its officers, directors, agents and employees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials and services provided by WooPal.com and its officers, directors, agents and employees, even if WooPal.com and its officers, directors, agents and employees, or an authorized representative has been notified orally or in writing of the occurrence or possibility of such damage.
WooPal.com and its officers, directors, agents and employees makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, but without limitation: implied warranties or conditions of merchantability.
Any graphics created for client by WooPal.com are intended to be embedded within clients blog or website and may not be used for any other purpose without prior permission. All designs and coding by WooPal.com are protected by copyright law.
Any part of code or graphics within the design created and installed for client by WooPal.com is for the specific domain it was originally purchased for, and may not be sold or otherwise redistributed.
Making any changes to graphics designed by WooPal.com is not allowed. Using the graphics and images made by WooPal.com on any other site, social media platform, or marketing is not allowed. It is important that the integrity and intention of the original designs and or graphics made by WooPal.com are respected by the client. Additionally, any graphics made by WooPal.com for web use are not to be used for printing. High-resolution files appropriate for printing must be purchased separately.
WooPal.com is not liable for any photographs, illustrations, graphics or any other digital elements provided by client. In order to use said items in a WooPal.com design, client must guarantee ownership or permission from the rightful owner. You, the Client shall indemnify, defend (by counsel reasonably acceptable to Association) and hold harmless WooPal.com and its officers, directors, agents and employees from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the negligence or misconduct of you, the Client in connection with photographs, illustrations, graphics or any other digital elements provided by you, the Client.
WooPal.com is not responsible for any perceived damages or loss of content due to the products or services purchased from WooPal.com.
Should you fail to comply by these terms, you will hold harmless, protect and defend WooPal.com (and by extension, Owners, Stephanie and Jonathan Cartrett) from any resulting claim or suit.
WooPal.com and its officers, directors, agents and employees is a designer only and not and employee, business partner or anything other than a design contractor, because all designs and work is approved by you, the client, you/client agree to indemnify and hold harmless WooPal.com and its officers, directors, agents and employees from any liability or legal ramifications regarding your website.
Payment
WooPal.com and its officers, directors, agents and employees accepts payments via Stripe only. Payments may still be made via Stripe even if you do not have a Stripe account.
a) All payments must clear before work can begin.
b) A 70% deposit is required to hold your place in the design queue with full payment due before any work on the Client’s project can begin. Any additional costs not specified in the initial proposal will be billed prior to installation.
c) WooPal.com and its officers, directors, agents and employees will refund all payments in deposit minus a $50 cancellation fee if the Client cancels the project prior to the project start date.
d) Once work has begun, any amount paid will be used as a kill fee to cover the time and work that has been put into a project in the event the Client wishes to stop working with WooPal.com and its officers, directors, agents and employees, at no fault of WooPal.
e) If full payment is not received within 5 business days of the initial invoice being sent, you will lose your place in the design queue and the project will need to be rescheduled based on the current design schedule. In addition, final files will only be sent after full payment has been received and has cleared. WooPal.com and its officers, directors, agents and employees reserves the right to hold all projects until payment has cleared.
f) In the event, WooPal.com and its officers, directors, agents and employees is working at an hourly rate, the rate will be billed in 30 minute increments with a 30 minute minimum and described as such on the invoice. All hourly work is tracked by an online time tracking tool; and must be paid in full before final files will be released in any capacity to you.
g) In the event a Stripe or other dispute is filed against WooPal or payment is overdue, WooPal.com and its officers, directors, agents and employees reserves the right to revoke all Client rights to the deliverables discussed in the Proposal and they will remain the property of WooPal.com and its officers, directors, agents and employees until the dispute is resolved. In addition, WooPal reserves the right to hold all deliverables until full payment is received.
h) All payment information given to WooPal.com and its officers, directors, agents and employees in any form is kept confidential at all times.
Deposit of 70% is required for any quote over $500. A quote under $500 is required to be paid in full to begin the project, or be added to the design queue should there be a waiting list.
Refund Policy
Due to the nature of design work, WooPal.com has adopted a strict no-refund policy. Please do not make any payments until you are sure you would like to employ WooPal.com for the entire duration of your project. By ticking the box inferring your acknowledgment of our terms and conditions you are agreeing to WooPal.com’s no-refund policy.
Communication
WooPal.com uses typed communication only. No communication will be made with clients via phone or video messaging aside from 40 minute training upon completion of your project. Once the initial deposit has been received and the design process has begun, it is important that client is attentive to email communication. Failure to respond in a timely manner (no more than 2 or 3 business days) may result in clients design being put on hold. If this happens, other projects in the design queue will take precedence and clients project may not resume for up to 3 weeks from the date client does respond and is ready to move forward. If client fails to respond to emails and does not attempt to make any other form of contact for more than 60 consecutive days, all monies are forfeited to WooPal.com and clients project will be terminated without notice. Should this occur, and client sends a request in writing to resume project at any time in the future, it will be at the sole discretion of WooPal.com and additional charges may apply.
Privacy
Design Revisions
All site designs include ONE concept based on the initial Customer Questionnaire. It is vitally important that client communicates a solid and concise vision for the desired design in the Customer Questionnaire. Three complimentary rounds of edits/revisions to the initial concept are included with the design. Once the amount of maximum revisions has been reached no further revisions can take place unless the client pays an additional fee for each additional revision(s). Additional drafts and/or revisions will be billed at an hourly rate of $60. Additional revisions may extend or delay the completion date or deadline at no fault of WooPal.com and its officers, directors, agents and employees. *Limited or no revisions apply to existing theme installations.
Testing and Compatibility
Produced design is tested to ensure it will display properly in the most current versions of Internet Explorer, Mozilla Firefox, and Google Chrome as of the date WooPal.com design launches. There is no guarantee that the design will display properly in outdated or future versions of any web browser.
Design is only guaranteed to display properly in the most current versions of WordPress and Genesis as of the date the blog/web design officially launches, and is not guaranteed to be compatible with future or outdated versions of WordPress or Genesis.
Content and Backup
The installation phase of a web-related project includes design, coding and/or eCommerce installation only.
Unless the client has made arrangements with WooPal.com in advance and it has been specifically included within the quote, the project does not include the management of content.
Management includes the creation, addition, editing, rearrangement, removal, proof-reading, or migration of content. Content is anything that is intended to be managed by the end-user through the WordPress platform.
WooPal.com is not liable for any loss or damage to clients blog or website content while installing the design, or any time before or after installation. It is clients responsibility to back up his/her website before and after the installation process.
WooPal.com does not guarantee to have clients design files backed up for any length of time. If for any reason your web or blog design is lost or damaged, WooPal.com can fix or reinstall it at an hourly rate of $60 if the files are available.
WooPal.com is not responsible for any coding, widget, plugin errors once clients design is installed. WooPal.com reserves the right to assess a fee for any corrections.
WooPal.com is not liable for any loss of template, design or content in the event of a WordPress, theme or plugin update. It is impossible to design for future updates.
Designer Credit
Every blog and web design created and commissioned by WooPal.com remains the intellectual property of WooPal.com, and the copyright is retained by WooPal.com. As the client, you are assigned the right to use the design on your website upon project completion.
A credit linking back to WooPal.com will be placed in your footer, and must remain intact as long as the design is present on your blog or website.
WooPal.com reserves the right to use clients design in the WooPal.com portfolio page and for other promotional purposes.
Hosting
WooPal.com and its officers, directors, agents and employees recommends our WooPal platform for all web hosting purposes; however, if you have secured another hosting company please contact us first to see if we can work with the host of your choice before accepting WooPal’s Proposal Agreement.
Fonts
WooPal.com and its officers, directors, agents and employees will only use commercial use fonts, purchased fonts, or open source fonts such as Google Web Fonts in the images created. Clients will be offered both free and paid fonts to choose from for type purposes on their site. Webfont licenses will be purchased at the client’s expense and added to the final bill. Clients who request a specific font that requires a commercial license will be asked to purchase that font and webfont license at their expense.
Image Purchasing
There is a $30 allowance for image purchasing. Beyond that images will be purchased at the client’s expense and added to the final bill. Images that clients will be billed for will only be purchased with the client’s consent.
Alteration
You, the Client, will be able to fully customize your sidebar widgets and pages once WooPal is finished with the installation. You are responsible for your sidebar content unless otherwise specified in the proposal. You may not alter or change the design in any way without written permission from WooPal, as it is a reflection of WooPal.com’s work. Please notify WooPal if you are going to remove the design.
License Agreement for Graphics / Illustrations / Fonts
By purchasing and downloading our files you agree to the WooPal.com License Agreement.
Downloaded files are licensed to the purchaser’s computer only.
Freebies are always only for Personal Use.
Format:
Personal & Extended Licenses = high quality 300 dpi PNG files
Commercial License = high quality 300 dpi PNG & EPS files
License Information:
Personal License = This is for all personal or non profit use. Credit to designer is not required, but appreciated. You can use our graphics on any personal project as long as NO profit/ money is made.
If you wish to use our graphics to create a commercial product or design to sell, please purchase either our extended or commercial licenses as specified below.
Extended License = This is for any use other than personal and credit must be given to the designer wherever product is displayed. If image is used online credit must be displayed with a clickable link as displayed here: Graphics by StephanieHellwig.com
Commercial License = This is for any use other than personal and credit is not required.
If you have any doubts about the use of our products, please contact us for more information.
You may NOT claim WooPal.com products as your own in any way.
You may NOT distribute WooPal.com products in their original form.
You may NOT resell, gift or redistribute WooPal.com products.
In the event that we find, are informed of, or made aware of use that violates these Terms of Use any active your license will immediately terminate and you will be contacted by WooPal.com or our legal representative to inform that we are aware of such use and intend to exercise our legal rights accordingly.
Due to the digital nature of our downloadable products there are NO returns or refunds whatsoever.
All files are provided “as is”.
Premade designs are not exclusive to any one purchaser and will continue to be resold.
WooPal.com reserves the right to refuse service to any customer and to edit these terms at any time.
License Agreement for Your Website Account
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must be 13 years of age or older.
- You must provide a valid email address, along with any other information required by Sand Dollar Holdings II, LLC during the registration process.
- You are responsible for maintaining the security of your account and password. Sand Dollar Holdings II, LLC will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the WooPal site for any illegal or unauthorized purpose. You must not, in the use of the WooPal site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts. Our payment processor is Stripe (similar to PayPal) and payments are securely processed via SSL encryption. The WooPal Service is billed in advance, in accordance with our pricing schedule.
Once you pay your setup/activation fee, your monthly billing cycle will begin 30 days from the date you sign up.
The WooPal service activation/deposit/setup fee is non-refundable once the project begins.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the WooPal site and payments made by you herein.
Violation of these Terms of Service
Sand Dollar Holdings II, LLC reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Sand Dollar Holdings II, LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service.
You acknowledge that Sand Dollar Holdings II, LLC has no obligation to prescreen or monitor your access to or use of the WooPal Site or any information, materials or other content provided or made available through the WooPal Site, but has the right to do so.
You hereby agree that Sand Dollar Holdings II, LLC may, in the exercise of Sand Dollar Holdings II, LLC’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation
We do not lock you into a service contract. You are free to request cancellation at any time by emailing your request to support@woopal.com. You are solely responsible for properly canceling your Account.
Any cancellation request of your Account will result in the deactivation or deletion of your Account or your access to your Account.
Cancellations will take effect immediately. Upon the commencement of a new service period, the WooPal Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.
Termination
Sand Dollar Holdings II, LLC, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. Sand Dollar Holdings II, LLC may refuse to provide you any current or future use of the WooPal Site, or any other Sand Dollar Holdings II, LLC service.
Any termination of your Account will result in the deactivation or deletion of your Account, and denied access to your Account.
Modifications to the WooPal Site and Prices
Sand Dollar Holdings II, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WooPal Site (or any part thereof) with or without notice.
Prices of all WooPal plans, including but not limited to monthly subscription plan fees to the WooPal Site, are subject to change.
Sand Dollar Holdings II, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the WooPal Site.
Sand Dollar Holdings II, LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current WooPal Site, including the release of new tools and resources, shall be subject to the Terms of Service.
Copyright and Content Ownership
We claim no intellectual property rights over the content submitted or created exclusively in your WooPal account. Any content that is yours remains yours.
These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
We are not responsible for, and you agree to hold us harmless for any content or digital assets like images, videos, PDFs, that you publish to your website or upload to your website that is copyrighted content from other websites.
We are not responsible for your copyright infringement.
The look and feel of the WooPal Site is © 2023 Sand Dollar Holdings II, LLC all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission.
Account Access
In some cases, it is necessary for Sand Dollar Holdings II, LLC employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Sand Dollar Holdings II, LLC employees to access your account if necessary, in order to be helpful.
If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored.
Indemnification
You Agree To Indemnify And Hold Sand Dollar Holdings II, LLC. (dba WooPal), Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.
Disclaimer
The WooPal Site and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether expressed or implied. Sand Dollar Holdings II, LLC is a distributor and not a publisher of the content supplied by third parties; as such, Sand Dollar Holdings II, LLC exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Site.
Without limiting the foregoing, Sand Dollar Holdings II, LLC specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the Site or on Sites that may appear as links on the Site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the Site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Sand Dollar Holdings II, LLC nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.
Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Sand Dollar Holdings II, LLC.