Standard Website and Plan Agreement and Terms - Updated 11/28/2020

1. Introduction

 

Thank You for choosing Global Presence Enterprises, LLC (aka GPM, GPE, GPS, Global Presence, Global Presence Marketing, Global Presence Solutions).  All agreements are made solely between the Client, “You” (the party to whom the Company provides services), and “Global Presence” at the moment of purchase. By making payment clients ensure they have downloaded for their records, understand, maintaining, and accessed terms and agreements with the link provided in written proposals or invoices.

 

2. Project Definition

 

These Terms of Business should be read in conjunction with the Project Definition sent to You at the same time (“Project Definition”) which incorporates these Terms of Business.  The Project Definition sets out, amongst other things, the services Global Presence will provide to You (“Works”) and the fees which will be charged (“Fees”).  Additional defined terms are set out in the Project Definition. Global Presence aims to offer a friendly and efficient service and will exercise reasonable skill, care, and diligence in carrying out the Works.

 

These Terms of Business come into force with immediate effect upon Your first instructions or order and these Terms of Business will apply to any current and future instructions or commission that You are kind enough to give Global Presence and to any specific Works referred to in the current or a future Project Definition.

 

These Terms of Business and the Project Definition constitute the entire agreement between Global Presence and You regarding the Works.  Any additional work not specified in the Project Definition must be authorized by a written change order signed by You and Global Presence and may result in changes to Fees and Disbursements.

 

3. Your Brief

 

You, as Global Presence client, represent, undertake and warrant to Global Presence that, to the best of Your knowledge:  (i) any instructions are given and materials supplied by You will be accurate and complete and will not cause Global Presence to infringe the rights (including intellectual property rights) of any third party or the laws or regulations (including data protection legislation) of any country and (ii) You have complied and will comply with the Minimum Client Requirements set out in the Project Definition.

 

Global Presence and You agree to work together to complete the Works in a timely manner. Global Presence agrees to work expeditiously to complete the Works in line with the Timeframe agreed in the Project Proposal emailed to you, however, this Timeframe is dependent on Global Presence being provided with Your continued cooperation in order to approve Works at various stages. Global Presence cannot be held responsible for any loss incurred where You (or any third party instructed by You) have not provided clear and complete instructions within any given time limit and with sufficient notice.

 

If You request changes to the Works Global Presence reserves the right to revise the Project Definition. If the Works are shortened, delayed, canceled or terminated early by You, the final invoice will include the balance of the Fees for providing the Works plus any reasonable costs and disbursements incurred by Global Presence due to Your acts or omissions. For example, You shall be liable for the costs and disbursements incurred by Global Presence for prebooked fieldwork, which is delayed, not used or not fully used.

 

Global Presence recommends that You retain copies and backups of all materials, data, or information provided to and from Global Presence.

 

4. Subcontracting

 

Global Presence reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as timely completion. Global Presence shall be the primary obligor in relation to such sub-contractors.

 

Global Presence is only responsible for the quality of the service provided by subcontractors if those subcontractors have been selected and paid for directly by Global Presence. If You designate a specific sub-contractor, then Global Presence shall not be responsible for the accuracy, completeness or quality of the work of that sub-contractor.

 

5. Fees and Disbursements

 

Global Presence Fees are exclusive of tax which must, therefore, be added at the current rate if you're not tax-exempt.  This will be indicated on invoices.  Global Presence Fees are also exclusive of disbursements (including travel), which are therefore charged in addition.  Disbursements include payments made or incurred on Your behalf as well as miscellaneous office expenses such as printing, traveling, and out of pocket expenses.  Mileage will be charged in line with IRS guidelines. All expenses must be pre-approved by the client within the agreed upon in the actual and projected budget expenses of the project.

 

Payment of Fees for Works shall be on delivery of the Works. Any Works provided over more than one calendar month will be subject to invoice at the start of each calendar month with the final invoice raised on the delivery of the last works. All invoices shall be due on the invoice date and shall be subject to payment within 14 days.

 

If You dispute, deem incorrect, or inaccurate any invoice, contract or agreement Global Presence must be notified, in writing, within 48 hours of receipt. Failure to do so renders any future claim inadmissible.

 

For Global Presence to remain in business, payments must be made promptly. A ten-dollar additional fee will be incurred if payment is not received within ten (10) days of the due date. If an amount remains delinquent thirty (30) days after its due date, an additional five percent (5%) interest will be added for each month of delinquency from the date of the invoice. Global Presence reserves the right to suspend work without notice until Final Payment is made. Where debt collection or proceedings prove necessary, You agree to pay all fees and costs incurred by that process.

 

6. Confidentiality and Intellectual Property

 

All information You provide Global Presence will be regarded as confidential to the extent that it is not in the public domain, but You should advise Global Presence if any information is particularly sensitive. Global Presence will not divulge any confidential information obtained from You otherwise than by Your instructions.

 

You unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork (including all associated intellectual property) furnished by You (or on Your behalf) to Global Presence for inclusion in the Works are owned by You, or that You have permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, and defend Global Presence and its subcontractors from any claim or suit arising from the use of such elements furnished by You.

 

Intellectual property rights (including but not limited to copyright and database rights) in all Works are owned by Global Presence in the first instance.  All intellectual property rights owned by Global Presence in finished, approved Works created specifically for You will be assigned to You automatically on receipt by Global Presence of the Final Payment of Fees in cleared funds.  All Intellectual property rights in third-party materials are owned by those third parties and will be licensed to You on the terms set out in the Project Definition.

 

Global Presence and its subcontractors retain the right to display Works, graphics, and other design elements as examples of their work in their respective portfolios (including online).

 

7. Termination

 

Either party may terminate this engagement upon one month's notice unless in an agreement as invoice or quote states.  The notice must be provided in writing. Global Presence will use its reasonable endeavors to complete any Works in progress and Global Presence will remain entitled to payment for completion of those Works.

 

Either party may terminate this engagement immediately for a material breach by the other which is incapable of remedy or, if capable of remedy, is not remedied within 45 days of notification being given to the defaulting party.

 

Global Presence reserves the right, for good reason and upon reasonable notice, to terminate Global Presence engagement without further liability on Global Presence. This will be confirmed to You in writing if requested. “Good reasons” include if You: do not give Global Presence instructions within a reasonable period; do not pay promptly any request for money on account, or do not pay a bill within the due period.

 

8. Warranties and Liability

 

All conclusions, recommendations, forecasts, reports, letters, or other communications, whether oral or written, provided by Global Presence (together, the “Recommendations”) are made in good faith and on the basis of information available to Global Presence at the time whether from You or from information in the public domain and the validity of such Recommendations will depend, amongst other factors, on Your effective cooperation and the quality of the information made available by You. No warranty or representation, express or implied, is given as to the Recommendations provided by Global Presence and You shall be responsible for the proper adaptation of such Recommendations to Your own circumstances.

 

All Recommendations given by Global Presence are for Your use only and are not to be disclosed or reproduced to third parties without the prior written consent of Global Presence.

 

Global Presence shall not be liable for any consequential or indirect loss suffered by You whether such loss arises from a breach of contract or tort or in any other way (including losses arising indirectly or consequentially from Global Presence negligence). Compensation for any direct losses arising under this agreement shall be limited to the value of the current Project Definition.

 

You and Global Presence acknowledge that the Fees payable under these Terms of Business have been determined on the basis of these limitations of liability and reflect the division of risks set out in these Terms of Business and that, accordingly, the division of risk is agreed by the parties to be fair and reasonable in the circumstances.

 

If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

9. Hourly Rates

 

For the website that require infrequent updates, then an hourly package will suit client needs: $1.25 per minute/10-minute minimum charge. 

If the website requires more frequent updates we recommend the purchase of a maintenance package/plan. Our site maintenance package includes the following:

  1. Priority service, i.e., shorter turnaround

  2. Updating, correcting, or creating new HTML web pages as requested.

  3. Image scanning, image optimization, and image placement on websites.

Common Maintenance Task Include, but not limited to:

  • Addition of new content, modification of existing content, and deletion of old material.

  • Website design upgrades or modifications.

  • Addition of new website features.

  • Adding new products.

  • Adding new extensions.

View current maintenance rates here: https://globalpresence.org/plans

 

10. Maintenance Roll Over Hours

 

Global Presence does not rollover minutes/hours that are not used in the client's maintenance package.

11. Data Protection

 

Details of the individual to whom these Terms of Business are sent, together (where relevant) with details of other key individuals within Your organization supplied to Global Presence from time to time, will be entered onto Global Presence client database.   Global Presence will use these details primarily to provide You with the Works. In addition, Global Presence may use these details to contact You by post, telephone, e-mail, or fax for marketing purposes or to make searches with credit reference agencies.  Global Presence may also disclose these details for these purposes to any agents, associates, advisors, or contractors that we agree Global Presence should work with on Your behalf.

 

It is Your responsibility to ensure that the communication of any sensitive or personal data by You or Your agents to Global Presence does not breach the rights of any data subjects and that the use of such data by Global Presence pursuant to the Project Definition does not breach any data protection regulations or legislation.  You hereby indemnify Global Presence in this respect.

 

12. Electronic Communications

 

During the course of this matter, we may wish to communicate electronically with one another. The electronic transmission of information cannot be guaranteed to be secure or error-free, as it will be transmitted over a public network, and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe for use.

 

We each agree to use reasonable procedures to check for the most recently known viruses before sending and receiving information electronically, but we each recognize that such procedures cannot be a guarantee that transmissions will be virus-free. We shall each be responsible for protecting our own interests in relation to electronic communications. Neither of us shall be liable to the other on any basis, whether in contract, tort (including negligence), or otherwise, in respect of any damage or loss arising from or in connection with the electronic communication of information between us.

 

13. Content Guidelines

 

These types of sites are not allowed on Global Presence:

  • Adult:  involving nudity in a sexual context, exposed genitalia or adult themes

  • Copyrighted Content:  music, movies, or games that you do not own the rights to

  • Hate Speech: content that promotes violence or incites hatred against certain individuals or groups, such as race, religion, ethnicity, gender, or sexual orientation. The foregoing are examples, and not meant to constitute an exhaustive list of individuals or groups that may be the target of hate speech.

  • Spam/SEO:  a site whose sole purpose is to gain Google ranking, Facebook "likes", etc

  • Phishing:  a site meant to trick users into providing their username and password

  • Illegal Content:  content which may be illegal in the United States or under the laws of other countries

  • Scams:  get rich quick, pyramid/MLM, or other dubious schemes

  • Excessive Advertising:  placing excessive advertising on your site, including more than three ad units per page

  • File Hosting:  including sites that are not created with the Global Presence editor

  • Injurious Experience:  sites using the "Custom HTML" element that provide horrible user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors

  • Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons

This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the Terms on this page.

 

14. Description of Web Services

 

Our web-based Service allows users who register for an account (each an "Account Holder") to create and update an online web site. Once registered, each Account Holder receives his or her own Web Site and may post "Content" (defined in Section 8). Any new features on the Service, including the release of new Global Presence tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the Global Presence Newsletter. These communications are considered part of Global Presence membership. You may not access the Service by any means other than through the Service interfaces we provide you. Our websites and extensions are leased unless purchased according to our plan agreement as specified here: https://globalpresence.org/plans

 

 15. Registration

 

To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data"). You will choose a password and account designation for your websites during the registration process and you will obtain a Global Presence ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of the use of the Service, you agree to maintain and update true, accurate, current, and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Global Presence has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from creating or using accounts through Global Presence.com. Students under the age of 13 may, however, use Global Presence through special student accounts created by their teachers through GlobalPresence.org/education, provided the teacher has obtained signed parental consent from the student's parents.

 

16. Privacy Notice

 

Our Privacy Notice (available at https://globalpresence.org/privacy), which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice and to use the information it contains to help you make informed decisions.

 

17.  Website account and security

 

You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Global Presence or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

 

18. Proprietary Rights

The Site and Service are owned by Global Presence. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Global Presence or other unaffiliated third parties, that are protected by the U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Global Presence or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.

The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in the information presented to you through the Service or by advertisers, and all other materials and services provided by or through Global Presence are protected by copyright, trademark, trade secret, or other intellectual property laws.  You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials.  In no event shall Global Presence be liable to you or any third party for your use of Materials in violation of the law, or any terms or conditions applicable to such Materials.

“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Global Presence or the Service.

You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Global Presence or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Global Presence or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Global Presence or the respective third-party Mark owner.

“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Global Presence site only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis.  In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.

 

19. Your rights in your Content

Global Presence does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.

We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Global Presence representative, any material, information, or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.

 

20. Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on a web site via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transactions or behavioral data derived from the use of Global Presence’s eCommerce platform (collectively, “Platform Data”). Global Presence owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.

By using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move, or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You will not:

A.    upload, post, transmit, or otherwise make available any Content that:

               i.         is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

             ii.         you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

           iii.         infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);

            iv.         is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending a mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

              v.         contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Global Presence user to access the Service;

            vi.         is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or

          vii.         is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;

B.    harm minors in any way;

C.     "stalk," “bully,” or otherwise harass another;

D.    impersonate any person or entity, including, but not limited to, a Global Presence employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

E.     forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

F.     interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

G.    intentionally or unintentionally violates any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;

H.    promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

I.      use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;

J.      solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;

K.     exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);

L.     include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;

M.   upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the Global Presence editor);

N.    creates a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;

O.    use, under any circumstance, any open-source software subject to the GNU Affero General Public License v.3, or greater;

P.     Abuse our customer support email, chat, or telephone services or agents; or

Q.    Take any other action while using the Service that is detrimental to the Service or Global Presence’s reputation, as determined by Global Presence in its sole discretion.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

9. Selling Through Global Presence

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Global Presence (such as goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through Global Presence, you must be 18 years or older or at least the age of majority in your Country of Residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.

When a buyer purchases Commercial Products, payments will be processed through our third-party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. We are not responsible for the actions of these third-party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling or purchasing Commercial Products.

YOU WILL NOT offer or sell any Commercial Products that:

  • are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products, sold to individuals outside of the U.S.;

  • infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory;

  • we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or

  • are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or

  • use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.

 

21. Limitations on Use of Personal Information

For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household that is processed by Global Presence in connection with the Service.

For purposes of this section, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them in the Florida Consumer Privacy Act. We may receive Personal Information for the purpose of performing the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms [and other applicable terms and agreements between you and Global Presence]. As part of and for purposes of facilitating the Service, Global Presence may (a) de-identify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that Personal Information that you disclose to Global Presence is provided to Global Presence for the parties’ business purposes.

 

22. Fees/payment

You may agree to a one (1) month, six (6) month, twelve (12) month, or twenty-four (24) month contract agreement with Global Presence or whatever terms Global Presence is making available on their website or by personal custom proposals. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are in USD and do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). It is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. If you purchase any services that we offer for a Fee, you consent to Global Presence, or our third-party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase and (b) any applicable Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH HTTP://GLOBALPRESENCE.ORG OR BY CALLING OUR HELP CENTER AT ANY TIME.

 

23. Cancellation; Service Changes

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For the avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).

24. Money-Back Guarantee

All paid Global Presence accounts, except month-to-month accounts, include a 30-day money-back guarantee. If you are dissatisfied with such account service for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. Please direct refund requests to http://globalpresence.org  with the subject line: Refund Request. At any time during your contract term, you may upgrade or downgrade your service with Global Presence. In the event of a service downgrade, a prorated credit will be issued to your Global Presence account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with Global Presence, and cannot be refunded to you in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.

25. Third-Party Services, Software, and Websites; No Implied Endorsement

Global Presence is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Global Presence does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement.  In no event shall Global Presence be liable to you or any third party for your use or alleged use of any Third Party Materials.

Further, Third Party Materials, such as email, e-commerce, and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Third Party-Payment Processors: Global Presence uses third-party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Global Presence Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

Apple Pay and Android Pay are automatically activated for users who have selected Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay as a payment type, it is your responsibility to deactivate Apple Pay and/or Android Pay. You can deactivate these payment options in your Store checkout settings. Your use of Apple Pay and Android Pay constitutes your acceptance of Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms of Service.

26. Themes

If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets. The prices listed on our plans are for the customization of our pre-designed templates. The plans allow the pricing of the design to be cost-effective. If the client seeks an original design the cost will be $75 per hour for an average projected timeline of 20-60 hours.

27. Designer Platform Terms

If you use our Template Platform Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms set forth in this Section 16.

A.    Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however, you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.

B.    You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms.

C.     While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label.

D.    In the event your Client contacts us, we will direct them to contact you. In the event, you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.

E.     Payments for your use of the Designer Platform Service are calculated on a per-website basis. Each Client Website under your account that is published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Global Presence account.

F.     Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice.

G.    No refunds will be given for any days remaining in your current billing cycle.

H.    You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met.

28. Resale of Service

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Global Presence (such as the Global Presence Cloud Agreement).

Global Presence is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of Global Presence other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.

29. Domain Name Registration, Domain Name Cancellation, and Change of Registrar

For the domain name registration services (the “Domain Services”) provided to you by Global Presence, the following terms and conditions also apply (the “Domain Terms”). Your use of the Domain Services provided by Global Presence serves as your consent to these terms. Some of the service packages include Global Presence registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, Global Presence will act only as of the agent between you and the domain name service provider responsible for domain name allocation (the “Registrar”), which will be Enom.com. All new registrations and subsequent renewals of those registrations will therefore also be subject to the Enom.com terms and conditions located at https://www.enom.com/terms/privacy.aspx. Global Presence reserves the right to utilize another domain name service provider at any time, in which case the terms and conditions of such organization will apply complementarily to these Domain Terms and such other domain name service provider shall be deemed a “Registrar” for purposes of these Terms.

Global Presence may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. The domain will be included for the lifetime of your Global Presence account, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The free domain name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new plan.

You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be Global Presence, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule, or regulation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Global Presence is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.

The initial registration term for purchased domains may vary and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your Global Presence website subscription renewal date). You can, of course, opt-out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees. If you purchase a new domain, or renew an existing domain, and cancel your purchase within the first thirty (30) days by contacting https://globalpresence.org, you may receive a full refund. Your right and title to your domain name allow you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to Global Presence for transferred domains. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through Global Presence using your Global Presence account is covered by these Terms.

Maintaining accurate and current billing information is a mandatory condition of maintaining your Global Presence account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address, and a telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.

Subject to these Terms and those of the Registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by Global Presence. Should we, due to failure on the part of you, the account holder, or the new domain name service provider, be unable to make the domain transfer to your new domain name service provider, we are expressly entitled to have the canceled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.

It may not always be possible to recover a domain name after it has expired, and Global Presence has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, Global Presence will have the right, in its sole discretion, to (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that Global Presence may charge the credit card you have on file with Global Presence to recover any amounts outstanding on your account.

On certain occasions, domain name registrations may become the subject of a legal challenge. If Global Presence is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Global Presence’s costs and legal fees and to indemnify and hold Global Presence harmless from any action. If Global Presence is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Global Presence may, at its sole discretion: (a) lock or suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

You must notify us immediately if you lose the rights to a domain name registered by Global Presence on your behalf.

30. Email Marketing Service

For the email marketing services provided directly to you by Global Presence (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. Global Presence may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms.

Your use of the Email Marketing Service must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to Global Presence and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. Your use of the Email Marketing Service must also comply with the Privacy Notice applicable to the Email Marketing Service. Global Presence’s Privacy Notice is available here.

You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty, and support of your products and services.

Your use of the Email Marketing Service must follow all applicable guidelines established by Global Presence. The guidelines below are examples of practices that may violate these Terms when generating or sending email or messages through the Email Marketing Service:

You will not:

A.    Use the Email Marketing Service in violation of Global Presence’s Terms of Service or of any law applicable to you or your Recipients;

B.    Use the Email Marketing Service to send Spam. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails. All emails and messages sent by means of the Email Marketing Service must comply with our Anti-Spam Policy, as outlined below:

               i.         Global Presence has a no tolerance Spam policy and does not knowingly and intentionally do business with any user or company that participates in sending Spam/UCE. We do not sell or exchange personal information from our opt-in lists.

             ii.         An email is Spam if, among other things: (a) the Recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; (b) the Recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; and (c) the transmission and reception of the message appears to give a disproportionate benefit to the sender.

           iii.         Spam is an issue of consent, not content. A Recipient should “affirmatively opt-in,” or expressly consent to receive the message, either in response to a clear and conspicuous request or at the recipient’s own initiative.

            iv.         The U.S. CAN-SPAM Act regulates and establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Other international regulations and laws also apply to electronic marketing, and while we cannot give legal advice, we encourage you to become familiar with these laws, especially if you live in or mail to recipients outside the U.S.

              v.         If you receive Spam complaints or run into compliance problems, or if Global Presence identifies a potentially problematic contact list, we will first ask questions to try to understand your business as well as your marketing goals. If we determine that a list is not consent-based or is too old or problematic to work with, we will require that it be removed from your account. In certain instances, we may ask you to find another service provider because our goals are simply not compatible.

            vi.         Please refer to our Email Marketing FAQ located in the Help Center for further guidance on how to become a responsible mailer, as well as the additional ways that Global Presence helps protect against sending unwanted or unsolicited email.

          vii.         If you feel a Global Presence user is sending an unsolicited email, you can report it to us by sending it to .

C.     Use the Email Marketing Service to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute;

D.    Use the Email Marketing Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that Global Presence deems inappropriate in its sole discretion;

E.     Transmit any message, information, data, text, software or image, or other Content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity;

F.     Send through the Email Marketing Service any unethical, false, or misleading advertising, promotions, or sales efforts and practices;

G.    Post or transmit any materials that contain a virus or corrupted data;

H.    Use purchased or rented email lists;

I.      Use third party email addresses, domain names, or mail servers without proper permission;

J.      Send emails to non-specific addresses (e.g., or ) or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;

K.     Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE);

L.     Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list. Each such link must remain operational for at least 60 days after the date on which you send the message, and you agree that you will not remove, disable or attempt to remove or disable the link;

M.   Disable or fail to comply with any request from a Recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the recipient to give you any personally identifiable information beyond an email address or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the U.S. CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Global Presence account, for any reason whatsoever;

N.    Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email. For any email or message sent by you using the Email Marketing Service, (a) the “from” line must accurately and in a non-deceptive manner identify your identity or your organization’s identity; and (b) the “subject” line of your email must relate to the email’s actual content and must not contain any deceptive or misleading content regarding the overall subject matter of the email message. You agree that you are the sole or designated sender of any email you send through the Email Marketing Service, pursuant to any law or act applicable to your use of the Email Marketing Service (e.g., U.S. CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 and Directive 2003/58/EC of the European Parliament and of the Council of 12 July 2002), and as such you are required to comply with such laws and any other laws in other jurisdictions that apply to your use of the Email Marketing Service, and be responsible for any violation of any such applicable laws.

O.    Fail to include in each email your valid physical mailing address (which if you are located in the United States, maybe a valid post office box meeting the registration requirements established by the United States Postal Service) or a link to that information. For Recipients based in the EU, each email must additionally include the sender’s business registration number and VAT ID or a link to that information;

P.     Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a Recipient to forward the email to another recipient; or

Q.    Fail to comply with export and import regulations for the U.S. and other countries.

Some industries yield higher than normal abuse rates for Spam. Thus, the Email Marketing Service may not be used on behalf of certain industries and senders. This includes, but is not limited to, the following:

               i.         Pharmaceutical products;

             ii.         Work from home, make money online, “get rich schemes”, and lead generation opportunities;

           iii.         Online trading, day trading tips, or stock market-related content;

            iv.         Mortgage and loan content;

              v.         Nutritional, herbal, and vitamin supplements;

            vi.         Gambling services, products, or tips;

          vii.         Multi-level marketing;

        viii.         Affiliate marketing or any type of performance marketing, in which a business rewards or otherwise incentivizes one or more affiliates for each visitor or customer brought by the affiliate’s own marketing efforts;

            ix.         Credit repair and get out of debt opportunities; and

              x.         Counterfeit or “knock off” products appearing to be another brand.

It is your responsibility to ensure that the Content you put in your emails does not violate these guidelines. Although Global Presence has no obligation to do so, we may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit the use of the Email Marketing Service that may be in violation of the foregoing or of the Terms (including SendGrid Terms). You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your emails and Content also has the right to reformat, edit, monitor, reject, block or remove any of your emails and content and suspend or terminate the Email Marketing Service, in whole or in part, permanently or temporarily. In no case will the foregoing make us responsible or liable to you for compliance with any such laws or obligations, for which you remain solely responsible and liable.

If you know of or suspect any violations of these Terms, please notify Global Presence here. Global Presence will determine compliance with these Terms in its sole discretion and reserves the right, without notice, to take all measures of any nature (legal, technical, or otherwise) or prevent UCE and/or any other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. We may terminate the Email Marketing Service and your Global Presence account at any time and for any reason. If your account is terminated, we may permanently delete it and any associated data.

In order to provide the Email Marketing Service, we currently use SendGrid’s API (www.sendgrid.com); hence, your use of the Email Marketing Service is also governed by SendGrid’s terms and policies, as now effective and/or as may be effective in the future (“SendGrid Terms”), including, without limitation, SendGrid’s Terms of Use and SendGrid’s Privacy Policy. SendGrid Terms are in addition to these Terms, and you shall comply with both as applicable to the Email Marketing Service. Global Presence is under no obligation to notify you of any changes to the SendGrid Terms.  We may terminate any Third Party Service, including SendGrid, in our sole discretion at any time, without notice to you, with no liability to you or to the third party. Any such termination or any act by a Third Party Service may impact our ability to make available some or all of the features of the Email Marketing Service, and we will not be liable to you or to any third party for any such actions.

We will obtain any information that you provide us in connection with your use of the Email Marketing Service, such as contact lists (including email addresses and any other information contained in such lists) and Content posted or used by you for the Email Marketing Service, or in any other manner. We acknowledge your ownership rights in such contact lists (“Customer Information”) and Content. We won’t sell or rent your Customer Information without your prior explicit permission or use your Customer Information for any purpose other than as described in our Privacy Notice and in these Terms. SendGrid may also use the Customer Information and other information provided by you as part of the Email Marketing Service, in accordance with the SendGrid Terms.

You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform and display Customer Information, only as required by us to offer and operate the Email Marketing Service.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Information. You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights in the material in your emails and the Customer Information required for us to use the Customer Information as contemplated by these Terms.

When using the Email Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has granted to us (or sub-licensed to us through you) a non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.

To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Email Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails, and messages, Content, or other data. You are responsible for backing up your Customer Information.

We make no representation or warranty that the content and materials on our website and/or the Email Marketing Service are appropriate for use in locations outside the United States. Those who choose to access the Email Marketing Service from other locations do so at their own risk and are responsible for compliance with applicable local laws. We reserve the right, at any time and in our sole discretion, to limit the availability, quantity, and accessibility of the Email Marketing Service to any person, geographic area, or jurisdiction.

 

31. Indemnity

You will indemnify, defend, and hold harmless Global Presence, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

 

32. Disclaimer of warranties

A.     YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

B.    WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. Global Presence DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

C.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D.    ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING OUR SERVICE.

E.     THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER Global Presence USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD-PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF Global Presence. Global Presence IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY Global Presence DOES NOT IMPLY AN ENDORSEMENT THEREOF BY Global Presence, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.

F.     NEITHER Global Presence NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

G.    Global Presence AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.

 

33 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Global Presence HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Global Presence, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD-PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

 

34. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 21 AND 22. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

 

35. U.S. Government Restricted Rights

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.

 

36. Agreement to Arbitrate; Class Waiver

We want to address your concerns or issues before filing a claim against Global Presence. Please contact us at https://globalpresence.org. We'll contact you by email to informally resolve the dispute. You or Global Presence may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

Any claim relating to these Terms that is not resolved through our informal process, or as set forth below, will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are enforceable, unconscionable, or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Broward, Florida, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect in any other case or arbitration. Global Presence will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Global Presence also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the County of Broward, Florida, or federal court for the Southern District of Florida. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts of Broward County, Florida. You and Global Presence agree to submit to the personal and exclusive jurisdiction of the courts in Broward County, Florida.  REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  

38. Violations

Please visit our Abuse page to report any violations of these Terms.

 

39. General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. If your Country of Residence is the United States or Canada, these Terms and the relationship between you and Global Presence shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Global Presence agree to submit to the personal and exclusive jurisdiction of the courts located within Broward, Florida.

 

These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

 

A person who is not a party to the agreement between us has no right to enforce any term of the engagement. The rights and remedies available to Global Presence by virtue of these Terms of Business are without prejudice to any other rights or remedies available to Global Presence. Any failure by Global Presence to exercise or delay by Global Presence in exercising a right or remedy provided by these Terms of Business or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.

 

The contract between us is on the basis of these Terms of Business and is subject to US Law and the exclusive jurisdiction of the US Courts.

 

Global Presence looks forward to working with You.  Your payment of an invoice will amount to an acceptance of these Standard Terms and Conditions.  

Privacy Policy

Global Presence Enterpises, LLC, has created this privacy policy (this “Privacy Policy”) in order to demonstrate its commitment to user, visitor and customer privacy with regard to Globalpresence.org  site at (the “Website”). Privacy on the Website is of great importance to us. Because we gather important information from our users, visitors and customers (collectively “Customers” or “you” or “your”), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. By accessing this Website, you acknowledge and agree to this Privacy of the Website.

INFORMATION WE COLLECT

We require Customers who register to use the services offered on our Website (collectively, the “Service”) to give us contact information, which may include but is not limited to the Customer’s name, company name, address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt-out of providing this additional information by not entering it when asked or not using the Website, although not providing it may hinder your ability to use the Website.

We use the information that we collect to provide and maintain the Website as we deem appropriate in our sole discretion. We may also use the information to contact you to further discuss interest in our company, the services that we provide, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the Website or Global Presence Enterpises, LLC, and may send a customer newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you, or by e-mailing us at our Customer Service Department. Any opt-out by you is not deemed valid until processed by Global Presence Enterpises, LLC. It is your obligation to verify that you have been opted-out. Global Presence Enterpises, LLC shall not be liable for problems with the opt-out procedures.

Except as we explicitly state at the time we request information, or as provided for herein or in the Global Presence Enterpises, LLC Terms of Use Agreement, we do not disclose to third parties the information provided.

Global Presence Enterpises, LLC may also collect certain information from visitors to, and users of, the Website, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Website in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from you and provide such information to third parties.

Global Presence Enterpises, LLC does not wish to collect any Personal Information (or any information at all) from any persons under 14 years old. If you are under 14 years old, you may not use the Website.

ANTI-SPAM POLICY

Global Presence Enterpises, LLC subscribes to an Anti-Spam policy for all its communication protocols. This means that we do not condone unsolicited email messages, notifications, alerts or any message that you may receive from someone who should not have your email address.

COOKIES

We use cookies to help us remember, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. This information is collected in an anonymous form that includes no personally identifiable information. No personally identifiable information is collected on this website unless that information is explicitly submitted via a fill-in form. This anonymous information generated by cookies is transmitted to Google where it is processed to generate anonymous, aggregate reporting on website activity strictly for the domain https://www.Global Presence Enterpises, LLC.com. These reports are used to gain insight into how best to optimize the user experience, content, and marketing.

REMARKETING

Cookies are also used to display remarketing advertisements, based upon the user’s previous visits to https://www.Globalpresence.org, across the internet. Remarketing advertisements are displayed through Google’s display-advertisement network. Users may opt-out of Google’s use of cookies at any time by visiting the Google Ads Preferences Manager.

TRADEMARKS

Trademarks Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Global Presence Enterpises, LLC. All trademarks used or referred to in this website are the property of their respective owners. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Global Presence Enterpises, LLC or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Global Presence Enterpises, LLC, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

UPDATES TO OUR PRIVACY POLICY

If we make any material changes to this Privacy Policy, we will post a notice on this Website notifying users of the changes. In some cases, we also may send an email notifying users of the changes. You should check this Website periodically to see if any recent changes to this Privacy Policy have occurred.

HOW TO CONTACT US

If you have any questions regarding the Global Presence Enterpises, LLC privacy policy or information that you have submitted to us, please feel free to email us at contact [at] or mail us at 8362 Pines Blvd #116 Pembroke Pines, FL 33024.



Comment Policy

We want you to feel at home when you post a comment on www.globalpresence.org. We want everyone to feel at home posting comments on www.globalpresence.org. We don’t know what your home is like, but we know how we expect people to behave when they visit ours. That’s why we reserve the right to delete comments and ban users as needed to keep the comment threads here civil and substantive.

Our No. 1 house rule is simple: Don’t be mean to others!

Want to be the kind of commenter we’d love to bring home to Thanksgiving dinner? Here’s what we like to see in comments:

  • Weigh in with smart, informed ideas that contribute further to the story.

  • Give us useful, constructive criticism. Spot a typo or an error? Let us know and we will correct it.

  • Demonstrate and share the intelligence, wisdom, and humor we know you possess.

  • Don’t feed the trolls. You wouldn’t dive into a debate with our ill-informed, weird uncle Gary just for the heck of it. And you definitely wouldn’t feed him. (We told you he was weird.) Downvote and flag comments instead.

Although we can’t be everywhere at once, here are some of the kinds of comments we’re going to do our best to curtail:

  • Promoting your own brand, product, or blog. 

  • Impersonating authors or other commenters. 

  • Comments that make it clear you didn’t read the article.

  • Comments that are completely out of left field. S

  • Threats — no matter how vague — against the author or other commenters. 

  • Racism, sexism, classism, you get the drift. 

  • Trolling.

Document Remediation Terms

Welcome to GlobalPresenceHealth.com. GlobalPresenceHealth.com is an on-demand documents accessibility conversion service (“Services”) provided by Global Presence Enterprises, LLC.

 

The following terms and conditions (these "Terms"), govern your access to and use of the GlobalPresenceHealth.com website, including any content, functionality and services offered on or through www.GlobalPresenceHealth.com (the "Site").

Please read the Terms carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Site or doing any act, which leads us to believe that you are 18 years of age or above. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available by email at for any questions regarding the Site or Terms.

 

Key Terms

  • ‘Users’ are the main users and are responsible for the billing and payments. Users can create sub-users and can buy credits or subscriptions that will be used by the user and/or their sub-users.

  • ‘Sub-users’ can only upload documents to be made accessible. They cannot buy Credits or subscriptions directly but may choose to buy Credits or subscriptions through the Users.

  • ‘Accessibility’ refers to the accessibility standards and guidelines that are followed by the Company to make the documents accessible.

  • ‘Web Content Accessibility Guideline 2.0’ is the accessibility guideline that the Company is working with to meet compliance under applicable laws.

  • ‘Orders’ are the formal agreement between Users, Sub-users and the Company to undertake the Services.

  • ‘Credits’ are the number of pages bought by the User in advance so that the User and Sub-users can utilize the same.

  • ‘Pay-as-you-go’ is the subscription type wherein, the User will make the payment at the time of upload or buy the credits and utilize them to make the documents accessible.

  • ‘Monthly Subscriptions’ are the packages that will be recurring on a monthly basis and based on the monthly subscription, the Users and Sub-users will have access to the features offered by the Company from time to time.

  • ‘Disputes’ are disagreements experienced during an order between a User and/or a Sub-user and the Company.

 

Overview (Main terms, in a nutshell)

  • Users can register on the Site for free through a valid email address.

  • Users can create as many Sub-users as they require, subject to a maximum limit as the Company deems fit, based on the Users’ plan from time to time.

  • Sub-users can only use the Credits as available balance already bought by the User.

  • A User or the Sub-users can upload documents to be made accessible on the Site through the ‘upload a PDF’ option.

  • All the documents to be uploaded on the Site have to meet the specifications set out by the Company in this regard from time to time.

  • On uploading a document, the Site will respond subsequent to the completion of such upload, by generating an Order with an estimated date of delivery and the final cost of making PDF accessible. By confirming such Order, the User and/or the Sub-users accept the terms and conditions of the Site.

  • Upon completion of Services by the Company, the Company will inform the User and/or the Sub-users via email about the status of their Order. The User and/or the Sub-users can then login to the Site and download the particular file.

  • Based on the subscription type, the accessible file will be available for download for such period as communicated to you by the Company. Upon expiry of such period, the file will be deleted and the Company shall not entertain any requests for retrieving such file or provision of Services in respect thereof.

  • The Company shall follow the process set out below in the course of performing its Services:

    • The document will be made accessible as per the techniques under the Web Content Accessibility Guideline 2.0.

    • The Company will write the alternate text for the images in the document.

    • The Company will test the accessible documents with a screen reader tester to ensure that the document meets the accessibility standard and guidelines.

    • The Company will change the name of the document and append ‘accessible’ as a prefix to the filename.

    • The Company will, at all times, only make the documents accessible and the contents of the document will not be altered or changed in any manner whatsoever.

  • On receiving the delivery of the accessible document, the User and/or the Sub-users should check the accuracy of the accessibility and can make a request for a modification, if required, as per the terms set out below.

 

Subscriptions & Credits

  • Users can make payments either through Paypal, Debit Card or Credit Card.

  • All Users registered on the Site shall be construed as Users under the Pay-as-you-go subscription unless they choose to buy a Monthly Subscription

  • Pay-as-you-go Users shall have the option of either paying when they upload a document, or buying Credits of pages in advance, to be utilized at a later date, as may be communicated by the Company.

  • Credit of pages will be displayed in the ‘Number of Pages Available’ option in the User’s Site account.

  • Users requiring larger volumes can either buy the Monthly Subscriptions on the Pricing Page, or email us at for a quote on volume pricing for availing Services for more than 1000 pages.

  • In Monthly Subscriptions, a User shall be allowed to modify the Monthly Subscription package, but the modification in such package shall apply only from the next renewal date.

  • In Monthly Subscriptions, if a User renews the subscription for the succeeding month, the unused balance pages of the subscription shall be added to the succeeding month’s ‘available number of pages’. If the User does not renew the Monthly Subscription, then the unused balance pages shall stand forfeited.

  • If a User cancels the Monthly Subscription, the balance pages shall be forfeited.

  • For Monthly Subscriptions, the Company shall notify the User at least 7 days prior to the renewal date of the Monthly Subscription.

  • Users shall be informed via email sent by the Company when an account reaches a low balance.

  • Refund policy: Requests for refund of subscription amounts will not be entertained. In the event of an improper/unsuccessful conversion, the Users shall be entitled to a Credit of the number of pages contained in such improper/unsuccessful conversion.

  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from the Users. Such information provided to the payment vendors shall be subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

 

Request Modifications

The Company understands that accessibility interpretations can be varied and appreciates the need to work with the Users and/or the Sub-users to meet the required accessibility standards and guidelines. Therefore, the Site provides a ‘request for modification’ option, as follows:

  • If an Order has been delivered/completed, Users or the Sub-users can request a modification within 3 working days of the delivery date (i.e. the date when the Company intimation is sent to the Users or the Sub-users).

  • Request for modifications will be considered by the Company only if it relates to:

    • Alternate text for images or

    • Tag structure of the document.

  • The Company shall carry out only one round of iterative changes without any additional charges

  • All modification requests will be delivered within 2 working days from the date of acceptance of such modification request by the Company.

 

Estimated Date of Delivery

If a document is not ready on the date of delivery due to unforeseen challenges in the document, then the Company reserves the right to notify the User and/or the Sub-users of the revised delivery date.

 

Document Copyright & Ownership

The Company does not verify the ownership or the intellectual property (including copyright) comprised in the document.

 

Cancel a Subscription

A User can cancel a subscription at any time. When a User cancels a subscription, the User will forfeit all available Credit or balance pages.

 

Clarification from User

As far as possible, the Company will meet the accessibility requirements. If s clarifications are required from the User and/or the Sub-users, our team reserves the right to seek clarifications from such User and/or the Sub-users.

Considering the time required to receive a response from the User and/or their Sub-users, the estimated date of delivery of the Services by the Company may change accordingly and the User or Sub-users, will be notified of the new date of delivery.

 

Availability, Errors and Inaccuracies

The Company constantly updates its offerings of products and support services on the Services. The products or support services available on the Services may be mispriced, described inaccurately, contain typographical errors or be unavailable, and we may experience delays in updating information on the Site and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time as we deem fit, without prior notice.

As a result of high internet traffic, transmission problems, system capacity limitations and other problems, you may at times, experience difficulty in accessing the Site or communicating with us through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Site can experience unanticipated outages or slowdowns, or have capacity limitations. The Company does not guarantee continuous, uninterrupted or secure access to the Site.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms. If you wish to participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion are in conflict with these Terms, the Promotion rules will apply with regard to the Promotions.

 

Links To Third-Party Sites

The Services may contain links to third-party web sites, payment vendors or other services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services or any link contained therein. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, costs, expenses or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Use of the links to third-party websites or services and access to such hyperlinked websites are entirely at your own risk. We reserve the right to provide such links as we deem fit, on our Site, for your convenience. However, we shall not be considered to be associated or affiliated in any manner whatsoever with any trade or service marks or logos or any intellectual property right appearing on such third-party websites

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you may visit through the Site.

 

User Conduct

You agree to be bound by the provisions of the ‘User Conduct’ set out below.

You agree to not host, display, upload, modify, publish, transmit, update or share any information on the Site that:

  1. Belongs to another person and to which you do not have any right to;

  2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  3. Harms minors in any way;

  4. Infringes any patent, trademark, copyright or other proprietary rights;

  5. Violates any law for the time being in force;

  6. Impersonates another person;

  7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  8. Threatens public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

Additionally you agree to abide by the following terms:

  1. You cannot modify, adapt or attempt for an unlawful access of Services or build any other third party service or website that falsely represents the Company.

  2. Verbal, physical, written or other abuse of any customer, employee, member, or officer of the Company may result in immediate account termination including legal action against you.

  3. You will not gain unauthorized access to our Site or Services, or our computer systems or networks connected to our Site, through hacking, password mining or any other means.

  4. You will not otherwise do anything that is not expressly permitted by the Terms.

  5. You will be responsible for safeguarding your password and account information for continued use of the Services. You agree to take sole responsibility for any activities or actions undertaken by using your account. In case of any unauthorized access, please notify the Company in writing immediately. The Company will make best efforts to block your account or the activity of the unauthorized user. The Company will not be liable in any manner for any loss or damage caused to you by result of unauthorized use of your account on the Site.

 

Limitation Of Liability

Any content may be uploaded to and/or downloaded from our Site solely at your own risk and discretion. The Company shall not be liable for any harm whatsoever, caused to your computer system or loss of any data during/resulting from, such uploading and/or downloading of content. It shall be your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Site to satisfy your requirements as to the safety and reliability of the content.

In no event shall the Company, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

  1. your access to or use of or inability to access or use the Services;

  2. any conduct or content of any third party on the Services;

  3. any content obtained from the Services;

  4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,iv. whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of our Site and the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that:

  1. the Services will function uninterrupted, secure or available at any particular time or location;

  2. any errors or defects will be corrected;

  3. the Services is free of viruses or other harmful components;

  4. the results of using the Services will meet your requirements.

 

Indemnity

You agree to indemnify, hold harmless and defend the Company, its directors, officers, employees and agents from and against any and all claims brought by any third party in relation to (i) your use of the Services and the Site including any content therein; and/or any (ii) breach of the Terms or any other policy published on the Site or communicated to you by the Company from time to time.

 

Force Majeure

The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone/internet interconnection problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the control of the Company. The Company shall have no responsibility to provide you access to the Services and/or the Site whilst such unforeseen delays or interruptions on account of force majeure subsist.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the Florida, US courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights. If any provision of these Terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we may have with you, the User regarding the Services.

 

Right of Access

The Company reserves its right to deny or restrict access to the Site to any particular User, or to block access from a particular internet address, at any time, without providing any reasons whatsoever.

You agree that you shall not use any software, device or any other methods to interfere or attempt to interfere with the functioning of the Site, use any robot, spider or other automatic devices or manual processes to copy any page or content within the Site without our prior written permission

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

 

ADA Compliance Certification Agreement and Terms - Updated 12/01/2017

Global Presence Network ADA Compliance Certification and Guarantee Agreement

Payment of invoice demonstrates agreement with the ADA Compliance Terms.

Please download and print a copy for your records. This agreement has been updated 10/1/2017.

1. Definitions.

As used in the Full Agreement, the following terms shall be as defined below:

 

1.1

 

Access Laws means the Americans with Disabilities Act and any applicable laws of any state, county or municipality relating to accessibility for persons with disabilities to places of public accommodation, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable disability laws, regulations, or legal requirements, including, without limitation, Florida Civil Codes.

Florida The Florida Civil Rights Act of 1992 is intended to “secure freedom” from disability-based discrimination, among other forms of discrimination, for all Floridians. It seeks to protect individuals’ “interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.” Fla. Stat. Ann. §760.01 (West’s 2009).

The legislature later adopted a separate statute declaring that an individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations. Fla. Stat. Ann. § 413.08(2).

Protected Class: “Individual[s] with a disability” is defined as persons who are deaf, hard-of-hearing, blind, visually impaired, or otherwise physically disabled. Fla. Stat. Ann. § 413.08(1)(b).

Rights: An individual with a disability “is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations.” Fla. Stat. Ann. § 413.08(2).

In almost identical language, the Florida Civil Rights Act, to be liberally construed “according to the fair import of its terms,” states that individuals are entitled to “the full and equal enjoyment of…goods, services, facilities, privileges, advantages, and public accommodations” without regard to disability and other bases of discrimination (race, ethnicity, sex, etc.). Fla. Stat. Ann. § 760.08.

Disability Rights and Public Accommodations: State-by-State Page 9 of 26 Covered Entities: The enumerated public accommodations include: common carriers and public modes of transportation; hotels, motels and other lodgings;4 restaurants and food retailers;5 gas stations; theaters, concert halls, sports arenas and other places of exhibition or entertainment. Fla. Stat. Ann. § § 413.08(1)(c) & 760.02(11).

Source: http://adasoutheast.org/publications/ada/public_accommodations_disability_rights_state-by-state_Final.pdf

1.2

Access Standard means the standard for web accessibility as defined in Section 3.1.

1.3

Client Site means the homepage of (Client Organization Name) Public Site and all pages, content, and services available from the individual client center (Client Organization Name) to which clients/customers are directed after they log-in.

Client Site does not include any website that (Client Organization Name) does not operate or control or any webpage that does not contain the URL  (www.yourdomain.com).

1.4

Public Site means the set of public facing pages that can be accessed by any web user, even if the user does not have a (Client Organization Name) website account. The (www.yourdomain.com) Public Site is designed to provide potential clients with an overview of (Client Organization Name)  product and service offerings. Account-specific and transactional capabilities are in the (Client Organization Name) Client Site.

1.5

Third-Party Content means web content that is not developed or owned by (Client Organization Name) and consultant Global Presence Network.

2. Duration and Scope of ADA Compliance Agreement.

The terms of the ADA Compliance Agreement shall remain in effect for the duration that the client remains current with payments in their consultation maintenance plan with Global Presence Network. See plans here: https://globalpresence.org/plans. Global Presence Network assumes legal responsibility within the limits of this Full Agreement for the ADA Compliance of (Client Organization Name) website: (www.yourdomain.com).

3. Provisions Regarding Accessibility of the Client Site.

3.1 Access Standard.

Except as otherwise provided herein, and pursuant to the time frames specified below, Global Presence Network will use good faith efforts to ensure that  (Client Organization Name) website: (www.yourdomain.com) substantially satisfies Web Content Accessibility Guidelines (WCAG) 2.0, Level A and AA Success Criteria. The Parties recognize that some WCAG 2.0 Level A and AA Success Criteria address features or design elements that may not be used on the (www.yourdomain.com) and in such circumstances compliance with those Success Criteria is not required.

3.2 Accessibility Timeline.

3.2.1 Accessibility Improvements. Global Presence Network will use good faith efforts to meet the Access Standard on the pages of the (Client Organization Name) from the first phase of development and while the website is published and live.

3.2.2 Additional Milestones. Throughout the term of this Agreement, Global Presence Network will make steady progress towards achieving and maintaining WCAG 2.0 Level AA Success Criteria

3.2.3 Timeline Modifications. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting the accessibility timeline set forth in the timeline phase proposed. Therefore, in the event that Global Presence Network determines that it is necessary to extend any deadline(s) set forth herein for a period of thirty (30) days or less, Global Presence Network shall notify (Client Organization Name) of the new deadline in writing. If Global Presence Network proposes to extend any of those deadlines for a period of more than 30 days, Global Presence Network will provide (Organization Name)l with the new proposed deadline(s), and the reason(s) for the extension in writing, and the Parties will negotiate about the new deadline in good faith. Disputes regarding a requested extension of more than thirty days will be resolved in writing or recorded a phone conversation.

3.3 Third-Party Content.

Global Presence Network only obligations under this Agreement with respect to Third-Party Content are the following:

3.3.1 Testing and Communications with Third Party Vendors. While meeting the timelines set forth in the proposed agreement, Global Presence Network will test Third-Party Content on the (Client Organization Name) Client Site to determine if it meets the Access Standard. Where Global Presence Network finds content that does not satisfy the Access Standard, or where Claimant notifies (Client Organization Name) of such content, within thirty days (Client Organization Name) will request in writing that third parties supplying the web content to (Client Organization Name) bring their content into conformance with the Access Standard. (Client Organization Name) will request a written response within thirty (30) days from its vendors.

3.3.2 If (Client Organization Name) is notified that a third party vendor will not bring its content into conformance with the Access Standard, (Client Organization Name) will use good faith efforts to find an alternative vendor that provides the content that is in compliance with the Access Standard subject to (Client Organization Name) existing contractual obligations to the third party vendor. (Client Organization Name) will not be required to violate any confidentiality or non-disclosure agreements for any purpose with the third party. But, if the third-party does not bring their website into conformance with the Access Standard and (Client Organization Name) continue to provide a link or integration with their website,  (Client Organization Name) shall assume all legal and financial responsibility for non-compliance litigation and not hold Global Presence Network responsible in any way.

3.3.3 New Third Party Content after the Effective Date. If, on or after the Effective Date of going live, (Client Organization Name) issues requests for proposals for development or inclusion of Third-Party Content on the (Client Organization Name) Client Site from Global Presence Network, (Client Organization Name) will include compliance with WCAG 2.0 Level A and AA Success Criteria as a requirement in all such requests for proposals and vendor contracts. (Client Organization Name) will use good faith efforts with the consultation of Global Presence Network to select Third-Party vendors who can meet this criterion in addition to other criteria in the request for proposals and vendor contracts.

3.3.4 Nothing in this Agreement shall preclude (Client Organization Name) from including Third-Party Content on the (www.yourdomain.com) Client Site – even if such content does not satisfy the Access Standard – provided that (Client Organization Name) complies with the terms releasing Global Presence Network of legal and financial responsibility. Global Presence Network will inform in writing of Third Party Content on the (Client Organization Name) Client Site that does not comply with the Access Standard to the extent (Client Organization Name) is aware of such content.

3.3.5 Third Party Discontinuance. Global Presence Network will use good faith efforts to ensure its recommended vendor provides website content in a format that meets the Access Standard. If, despite Global Presence Network good faith efforts its vendor does not provide website content in a format that meets the Access Standard, Global Presence Network will discontinue contracting with vendor immediately.

3.4 CAPTCHAs.

If any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (referred herein as “CAPTCHA”) is used on the (Client Organization Name) Client Site, Global Presence Network will incorporate an alternative security measure that is accessible to and usable by Persons with Visual Impairments. Global Presence Network will test the alternative security measure to ensure that it is accessible to and usable by persons with visual impairments. Such testing will occur as soon as practicable after Global Presence Network determines that a CAPTCHA will be used. Global Presence Network will include a message with any CAPTCHA that is used directing users who cannot access the CAPTCHA to a Global Presence Network contact who can provide assistance.

3.5 Enforcement.

A failure by Global Presence Network to meet its obligations under this Agreement will not constitute a violation of this Agreement unless and until the following procedures are exhausted:

3.5.1 (Client Organization Name) will notify Global Presence Network in writing (the “Notice”) when (Client Organization Name) or a Claimant believes there is any aspect of the (www.yourdomain.com) Client Site that does not substantially satisfy the Access Standard, or when (Organization Name),  Claimant or Counsel has received information regarding such a page or content from someone not a party to this Agreement.

3.5.2 Within thirty (30) days of receiving a Notice under section 3.5.1, Global Presence Network shall respond in writing to the Notice. Within thirty (30) days of (Organization Name), or Claimant’s receipt of Global Presence Network response to the Notice, the Parties will meet by telephone in an attempt to informally resolve the issue.

3.5.3 If the issue remains unresolved after the actions were taken in Section 3.5.2, the dispute shall be handled pursuant to the procedures set forth in Section 9 of this  Agreement. Nothing in this Section precludes the Parties from agreeing to take additional actions to resolve the dispute prior to invoking the procedures set forth in Section 9.

4. Monitoring and Reporting.

4.1 Mutually Agreed Upon Consultant.

As part of the monitoring process of (www.yourdomain.com), (Client Organization Name) hired Global Presence Network as a consultant to assist it in improving the accessibility of the (www.yourdomain.com). Except as provided herein, (Client Organization Name) will maintain an exclusive contract with Global Presence Network as their consultant throughout the term of this Invoice Agreement to assist in implementing a website that meets WCAG 2.0 Level A and AA Success Criteria. If  (Client Organization Name) decides to replace the consultant they shall provide a 30-day notice.

4.2 Status Reports.

Every six months, Global Presence Network will provide (Client Organization Name) with a status report of its (www.yourdomain.com). At the request of either Party, the Parties will meet by telephone within four weeks of receipt of the Status Report to discuss any matters addressed in the report.

4.3 Automated Compliance Tool.

Global Presence Network will use an automated compliance tool to help it assess accessibility issues on the (www.yourdomain.com).

4.4 Claimant Testing.

Global Presence Network will meet with (Client Organization Name) in person or by web meeting to enable Global Presence Network to demonstrate to (Client Organization Name) their experience with portions of the (www.yourdomain.com). Global Presence Network will consider in good faith (Client Organization Name) suggestions provided at these meetings that are consistent with the terms of this ADA Compliance Agreement.

4.5 Customer Feedback.

Global Presence Network will develop or revise as necessary internal procedures to ensure that (1) customer feedback on website accessibility will be routed to appropriate personnel, and (2) Global Presence Network will provide a response to the customer in a timely manner. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting customer feedback and support tickets despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend the project, or support ticket deadlines for a period of (5) to thirty (30) days, Global Presence Network will notify (Client Organization Name) of the new deadline in writing. Global Presence Network will notify (Organization Name), or/both Claimant in writing when the procedures are in place and will provide a brief summary of the procedures.

5. Client Public Site.

The Parties anticipate that the enhancements made to the (www.yourdomain.com) under this Agreement will also enhance accessibility. When needed parties will meet by telephone to discuss any remaining accessibility issues and plans for remediating those issues.

6. Information.

Global Presence Network will post an Accessibility Information page that will be accessible from the global footer across (www.yourdomain.com). The page will describe the materials and services available to individuals with disabilities. On the Accessibility Information page, Global Presence Network will provide a telephone number and an online method (web form or email address) through which users can notify Global Presence Network about web accessibility concerns.

7. Training of Client’s Personnel.

7.1

Telephone Customer Service: Global Presence Network will ensure that all calls concerning website accessibility will be routed to designated personnel. The designated personnel shall receive the training described in this section (the “Training Program”) no later than (30) days. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting this deadline despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend this deadline for a period of thirty (30) days, Global Presence Network will notify  (Client Organization Name) of the new deadline in writing. The Training Program will be designed to enable that designated personnel to assist blind and visually impaired customers with using the (www.yourdomain.com). At a minimum, such training will include information about (i) (Client Organization Name) general plan and timetable for making access improvements to the (www.yourdomain.com); (ii) the types of assistive technology used by blind and visually impaired web users; (iii) the fact that many visually impaired computer users rely solely on a keyboard, and do not use a mouse, to navigate a website; and (iv) internal (Client Organization Name) procedures for addressing web accessibility complaints. (Client Organization Name) will work with Global Presence Network in preparing the training, and will provide Customers or Interested Parties with a copy of the training materials as part of its status reports. New designated personnel will receive the training via online live or on-demand within 45 days after their starting date. The training is not included in the standard plans (See: https://globalpresence.org/plans) and will incur the standard per hour fee.

7.2 Web Development Staff:

Global Presence Network will provide accessibility training for all (Client Organization Name) employees responsible for ensuring that the (www.yourdomain.com) meets the Access Standard. Global Presence Network will prepare the training in collaboration with (Client Organization Name) to ensure it meets both external Accessibility compliance standards and (Client Organization Name) internal organization standards.

8. Joint Press Release.

On an agreed upon date, but no later than 12 months after the website has been completed and operating, (Client Organization Name) and Global Presence Network will jointly issue a press release announcing (Client Organization Name) accessibility initiative as described in this Agreement. Global Presence Network will draft the joint press release in collaboration with (Organization Name). If the Parties cannot agree on the language of a joint press release, either Party may issue its own press release provided that it is shared with the other Party at least three business days prior to issuance and provided that the release is consistent with the terms of this Agreement and reflects the Parties’ collaboration. The Parties agree not to issue any press release related to this ADA Compliance Agreement except as described in this Section.

9. Procedures in the Event of Disputes.

9.1 Notice of Non-Compliance.

If a Party believes that the other Party has not complied with any provision of the Full Agreement, that Party shall provide the other Party with a Notice of Noncompliance containing the following information: (i) the alleged act of noncompliance; (ii) a reference to the specific provision(s) of the Agreement or Confidential Addendum that are involved; (iii) a statement of the remedial action sought by the initiating Party; and (iv) a brief statement of the specific facts, circumstances and legal argument supporting the position of the initiating Party.

9.2 Response.

Within forty-five (45) days of receipt of a Notice provided pursuant to Section 9.1, the non-initiating Party shall respond to the initiating Party in writing.

9.3 Meet and Confer.

Within four (4) weeks after the response described in Section 9.2, the Parties shall informally meet and confer and attempt to resolve the issues raised in the Notice.

9.4 Submission to Mediation/Binding Arbitration.

9.4.1 If the matters raised in a Notice of Noncompliance provided pursuant to Section 9.1 are not resolved within forty-five (45) days of the initial meet and confer required by Section 9.3, they shall be submitted to non-binding mediation before a mediator jointly agreed upon by the Parties.

9.4.2 If the dispute is not settled in mediation, it shall be submitted to binding arbitration before a mutually agreed upon arbitrator who will follow expedited rules and procedures as agreed upon by the Parties. The hearing will be held as soon as practicable after the submission to arbitration, and the Parties agree to request a written decision on the matter within sixty (60) days of the last hearing date.

10. Communication to Parties.

 

Any notice or communication required or permitted to be given to the Parties under this Full Agreement shall be given in writing by email and United States mail, addressed as follows:

 

To: (Organization Name)

Organization Mailing Address

Organization Email Address

 

To Global Presence Network:

Jack Hakimian

President,

8362 Pines Blvd. #116

Pembroke Pines, FL 33024

 

11. Modification of this Agreement

11.1

No modification of the Agreement shall be effective unless in writing and signed by authorized representatives of each Party. 

11.2

Modification Based on Change of Law or Regulations: If, after the Effective Date, either Party believes that there is a change in any applicable law or regulation which requires a modification of this Agreement because it imposes a different obligation than provided in this Agreement, the Party shall notify the other Party in writing. The notification will include the way in which the Party contends the Agreement should be modified as a result of the change in law or regulation. The proposed modification will become effective thirty (30) days after such notification unless the other Party objects in writing to the proposed modification. In the event of disagreement between the Parties over the appropriate modifications to this Agreement as contemplated by this Section, the Parties shall meet and confer and shall work together in good faith to resolve the disagreement. Failure to reach an agreement during such meet and confer shall be considered a dispute to be resolved pursuant to the Procedures in the Event of Disputes in Section 9 of this Agreement.

12. No Other Representations.

The Parties to the Full Agreement warrant that they are acting upon their independent judgment and upon the advice of their own counsel and not in reliance upon any warranty or representation, express or implied, of any nature or kind by the other Party, other than the warranties and representations expressly made in this Full ADA Compliance Agreement and Certification.

13. Agreement Has Been Read.

The Full Agreement has been carefully read by each of the Parties or their responsible officers, and its contents are known and understood by each of the Parties. The Full Agreement is signed freely by each Party executing it.

14. Assignment.

No Party to the Full Agreement has heretofore assigned, transferred or granted, or purported to assign, transfer or grant, any of the claims, demands, or cause or causes of action disposed of by the Full Agreement.

15. Binding on Assigns And Successors.

The Full Agreement shall bind any assigns and successors of the Parties who have the right to implement the actions required.

16. Force Majeure.

The performance of Global Presence Network under this Full Agreement shall be excused during the period and to the extent that such performance is rendered impossible, impracticable or unduly burdensome due to acts of God, strikes or lockouts, or unavailability of operable parts, equipment or materials through normal supply sources. If Global Presence Network seeks to invoke this Section, it shall notify  (Client Organization Name) in writing as soon as reasonably possible, specifying the particular action that could not be performed and the specific reason for the non-performance.  (Client Organization Name) and Global Presence Network will thereafter meet and confer regarding an alternative schedule for completion of the action that could not be performed, or an alternative action. Any dispute regarding the applicability of this Section, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Section 9 of this Full Agreement.

 

17. Authority for Execution.

The persons executing the Full Agreement each represent and warrant that he or she has the authority to enter into the Full Agreement, and to resolve the matters set forth in the Full Agreement, on behalf of the Party for whom he or she is executing the Full Agreement, and that no further approval is necessary in order for the Full Agreement to be binding on the Party for whom he or she is executing.

18. Integrated Agreement.

The Full Agreement constitutes the entire agreement relating to the subject matters addressed therein.

19. Rules of Construction.

Each Party has reviewed the Full Agreement, and any rule of construction to the effect that ambiguities are construed against the drafting Party shall not apply in the interpretation or construction of the Full Agreement. Section titles used herein are intended for reference purposes only and are not to be construed as part of the Full Agreement. The Recitals are integral to the construction and interpretation of the Full Agreement and are therefore incorporated into the Full Agreement in their entirety.

21. Payment As Agreement.

Payment of invoice demonstrates agreement with the ADA Compliance Terms. Each Party agrees to the terms of this ADA Compliance Agreement by making and receiving payment. Please print this agreement for your records.

 

PARTIES

 

  • Global Presence Network Signature
  • Client Organization