Terms and Conditions
Effective Date: December 4, 2024
Welcome to My Smart Contractor, a service operated by DBO Ventures LLC (“we,” “us,” “our”). By accessing or using our website (https://mysmartcontractor.com) or engaging with our services, you agree to these Terms and Conditions (“Terms”). If you do not agree, you must discontinue use of our services immediately.
1. Our Services
1.1 Service Overview
We provide website creation and development, Google Business Profile (GBP) optimization, local SEO, reputation management, and contractor-focused digital solutions designed to enhance online presence and operational efficiency. Our services may include, but are not limited to:
Custom Website Design and Development:
• Up to a specified number of pages as agreed upon.
• Custom web design with revisions.
• Development using platforms like Webflow.
• Page/content migration.
• Site security.
• Content Management System (CMS) dashboard for edits.
• Optimization for conversions.
• Up to three (3) months of free support.
Integration with Third-Party Services:
• Calendly.
• Active Campaign.
• Facebook Chat Box.
• Other services as specified in your agreement.
1.2 Website Care Plans
Website care plans include specified updates, maintenance, and support services as outlined in your selected plan. Updates under the care plan may include:
• Routine website maintenance.
• Security updates.
• Bug fixes.
• Minor content updates.
Updates beyond the scope of the care plan, such as significant redesigns or additional feature implementations, may incur additional charges at an hourly rate of $100/hr or as specified in your agreement. These additional services must be pre-approved by you.
1.3 GBP Growth Restrictions
GBP optimization services are limited to one (1) GBP location per client unless otherwise specified in writing.
1.4 Plans and Packages
Service features, scope, and pricing are detailed in our subscription tiers as displayed on our website or outlined in customized agreements. Additional services beyond the standard packages may be provided at an additional cost, as pre-approved by you.
1.5 Third-Party Tools and Platforms
Some services may require integration with third-party platforms (e.g., Webflow, Google). Your use of such platforms is governed by their terms of service. We are not responsible for disruptions caused by these platforms.
2. Eligibility
2.1 Age and Authority
You must be at least 18 years of age to use our services. By accessing or using our services, you represent that you are authorized to act on behalf of yourself or your organization.
2.2 Accurate and Lawful Information
You agree to provide accurate, complete, and lawful information during the service engagement. Any delay or error caused by inaccurate or incomplete information is solely your responsibility. You must promptly update your information when changes occur.
3. Work and Payment
3.1 Project Initiation
Work will commence immediately once the agreement is signed and payment is received, unless otherwise stated in writing. The project timeline, including the expected start and end dates, will be outlined in your customized agreement.
3.2 Payment Terms
Full payment is required before work begins unless otherwise specified in writing. Payment must be made in accordance with the specified terms in your agreement.
3.3 Additional Expenses
You are responsible for any additional expenses necessary for the completion of the services, such as additional domain names, site plugins, or other third-party services, provided such expenses are pre-approved by you in writing.
3.4 Hourly Rate for Additional Services
After the included support period has passed, additional services or support may be offered at an hourly rate of $100/hr, unless otherwise specified in your agreement. These additional services must be pre-approved by you.
4. Payments and Subscriptions
4.1 Fees and Payment Terms
Fees are based on the plan or services you select, as outlined on our website or in your agreement. Payment must be made in accordance with the specified terms.
4.2 Automatic Renewal Compliance
To comply with California’s Automatic Renewal Law (ARL), we disclose the following:
• Subscriptions automatically renew unless canceled prior to the renewal date.
• Renewal terms and fees will be displayed during purchase and in your account settings.
• You may cancel at any time through your account or by contacting us at mysmartcontractor@gmail.com.
4.3 Refunds
• Refund Eligibility: You may request a full refund within 3 days of payment, provided that work on your project has not yet commenced.
• Non-Refundable Conditions: If work has begun or after the 3-day period has passed, payments become non-refundable.
• How to Request a Refund: To request a refund, contact us in writing at mysmartcontractor@gmail.com within the eligible period.
4.4 Late Payments
Failure to pay fees on time may result in suspension or termination of services. Reinstatement of services may require payment of outstanding fees and additional reactivation charges.
5. Cancellation and Termination
5.1 Client Cancellation
You may cancel your subscription through your account or by contacting us in writing.
5.2 Effect of Cancellation
Cancellations do not exempt you from outstanding fees or obligations incurred before the cancellation date.
5.3 Termination by Us
We may suspend or terminate services if:
• You violate these Terms.
• You fail to make timely payments.
• We determine, at our discretion, that continued service provision is not feasible.
5.4 No Prorated Refunds
No refunds will be issued for partial months or unused portions of services.
6. Intellectual Property
6.1 Ownership
All materials, content, and tools provided by My Smart Contractor remain the exclusive property of DBO Ventures LLC unless otherwise specified in writing. Upon full payment and completion of services, you are granted rights to use the final deliverables for your legitimate business purposes.
6.2 License
You are granted a limited, non-exclusive, revocable license to use our deliverables solely for legitimate business purposes.
6.3 Prohibited Actions
You may not resell, redistribute, modify, or reverse-engineer our services or tools without prior written consent.
7. Client Responsibilities
You are solely responsible for:
• Providing timely, accurate, and complete information required for the services.
• Responding promptly to requests for content, approvals, or feedback to avoid delays.
• Ensuring that any materials you provide do not infringe on any third-party intellectual property rights.
• Using our services in compliance with applicable laws and regulations.
• Avoiding any actions that harm or disrupt our services, including reverse-engineering proprietary tools.
8. Non-Solicitation
Until this agreement ends, you agree not to:
• Encourage our employees or service providers to stop working for us.
• Encourage our customers or clients to stop doing business with us.
• Hire anyone who worked for us over the 12-month period before the agreement ended, unless through a general advertisement to which the individual responds.
9. Confidential Information
9.1 Confidentiality Obligations
Both parties agree to treat confidential information received from the other party with the same degree of care as they would their own confidential information and not to disclose such information to any third party without prior written consent.
9.2 Return of Confidential Information
Upon termination of services, both parties must return or destroy all confidential information belonging to the other party.
9.3 Exceptions
The confidentiality obligations do not apply to information that is publicly available, already known to the receiving party, independently developed without reference to the confidential information, or required to be disclosed by law.
10. Limitation of Liability
10.1 Service Disclaimers
Services are provided “as is” without warranties of any kind, including fitness for a particular purpose or non-infringement.
10.2 Liability Cap
Our total liability for claims arising from these Terms will not exceed the amount paid by you for services in the preceding 12 months.
10.3 Laws and Compliance Responsibility
While we provide updates to maintain website security and functionality, we do not guarantee compliance with any specific legal requirements, such as GDPR, ADA, or similar regulations. It is your sole responsibility to ensure compliance with applicable laws. We recommend consulting a legal professional for detailed guidance.
10.4 SEO and Results
We do not guarantee specific SEO results or rankings. Any statements regarding potential results are estimates and not guarantees. We are not liable for any loss or damage arising from the use or inability to use our SEO services.
11. Indemnity
11.1 Your Indemnity
You agree to indemnify, defend, and hold harmless DBO Ventures LLC, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:
• Your breach of these Terms.
• Your violation of any law or the rights of a third party.
• Any materials or information provided by you that infringe or allegedly infringe on the intellectual property rights of a third party.
11.2 Our Indemnity
We agree to indemnify, defend, and hold you harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of our breach of these Terms or violation of any applicable law.
12. Website Responsibility
12.1 Client Responsibility
You are responsible for ensuring that all images, content, and materials provided to us or placed on your website comply with all applicable laws and do not infringe on any third-party rights.
12.2 Our Responsibility
Once the website is completed and delivered, we are not responsible for any images or content found on the website that may have been illegally acquired or improperly used by you. We carry no risk for such materials.
13. Assignment
13.1 Your Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
13.2 Our Assignment
We may assign our rights and obligations under these Terms without your consent.
14. Modifications to Terms
We reserve the right to update these Terms at any time. Material changes will be communicated via email or website notice. Continued use of our services after updates constitutes acceptance of the revised Terms.
15. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. All disputes will be resolved exclusively in the courts located in Irvine, California.
16. Dispute Resolution and Arbitration
16.1 Informal Dispute Resolution
Contact us directly to attempt resolution of disputes informally before pursuing legal remedies.
16.2 Arbitration Agreement
Unresolved disputes will be submitted to binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration will take place in Irvine, California, and the decision will be final and binding on both parties. Each party will bear its own costs and attorney’s fees, except as otherwise provided by law.
16.3 Small Claims Option
Either party may seek resolution in small claims court for claims falling within the court’s jurisdiction, instead of arbitration.
17. Notices
17.1 Method of Notice
All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent via email with acknowledgment of receipt, or sent by certified or registered mail to the addresses provided by both parties.
17.2 Timing of Notice
A valid notice is considered received as follows:
• If delivered personally, immediately.
• If delivered by email, upon acknowledgment of receipt.
• If delivered by registered or certified mail, upon receipt as indicated by the date on the signed receipt.
18. Final Provisions
18.1 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
18.2 Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
18.3 Force Majeure
We are not liable for delays or failures caused by events beyond our control, including natural disasters, cyberattacks, or government actions.
18.4 Entire Agreement
These Terms, along with any other legal notices and agreements published by us on our website, constitute the entire agreement between you and us concerning our services.
19. Acknowledgment of Agreement
By proceeding with payment or engaging our services, you acknowledge and agree to all terms and conditions outlined in this Agreement.
20. Contact Information
For questions or concerns, contact us:
DBO Ventures LLC
Email: dboventuresllc@gmail.com
Phone: 949-381-1555
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.