Effective Date: August 12, 2024
Acceptance of Terms
By accessing or using the services provided by Pigmint ("we", "us", or "our"), including our website (pigmint.io) and content management system (CMS), Pigmint Admin (admin.pigmint.io), you ("you", "user" or “customer) agree to be bound by these Terms of Service ("ToS"). If you do not agree to these ToS, you may not access or use our services.
Definitions
Design and Development Fee: The initial cost of developing the customer’s website and onboarding the customer.
Developer: Refers to the Pigmint employee developing the website.
Services: Includes website development, hosting, access to the Pigmint Admin CMS, continuous maintenance, and general support.
Site Account: Refers to the account created for the site entity.
Site Entity: Refers to the entity that owns a website, and to whom Pigmint is providing services to.
Site Manager: Refers to the main point of contact for a Site Account. This role has full authorization to make changes to the account.
Description of Services
We provide web development services, including the design, development, and hosting of websites. We also offer access to our proprietary CMS, Pigmint Admin. for managing website content. Our services are subject to availability and may be modified or discontinued at our discretion.
User Accounts and Responsibilities
Account Creation: To access our CMS, you must create an account and provide accurate and complete information. Accounts are created by invitation only. Site Managers will receive the their invite from their developer during initial onboarding of an entity. All other users will receive an invite from their Site Manager. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Acceptable Use: You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations. You may not use our services to:
Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Engage in any activity that interferes with or disrupts our services or the servers and networks connected to our services.
Attempt to gain unauthorized access to our systems or networks.
User Content: The site entity retains ownership of any content you create or upload to our CMS. However, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing our services. This includes:
Payments
Design and Development Fee: Payment for design and development services will be made in accordance with the terms outlined in the separate contract signed by the customer upon acceptance of the initial designs. A non-refundable deposit is required at the time of contract signing.
Subscription Fees: Subscription fees are due on a monthly basis, with the first payment due one month after the customer accepts the final website.
Payment Method: All payments, including the design and development deposit and recurring subscription fees, must be made through Square (registered as Block, Inc.). All payments must be made in US dollars (USD).
Late Payments: While we do not charge late fees, if subscription payment is not received within 15 days of the due date and no prior arrangements have been made with Pigmint, your website will be temporarily disabled.
Refund Policy
Design and Development Fee
The design and development fee is the initial cost of developing the customer’s website and onboarding the customer.
A non-refundable deposit is required upon acceptance of the initial designs.
Full refunds, excluding the deposit, are available within 30 days of the final payment for the design and development fee, if the customer chooses to close their account. The website will not be deployed until full payment is received. This 30-day period allows the customer to thoroughly test and review the website.
After 30 days of the final payment or if the final product has been accepted, the deposit and any additional payments are non-refundable.
If the final payment is not made within 60 days of acceptance of the final product, the deposit will be forfeited, unless other arrangements have been made in writing.
If a customer makes the deposit but then fails to respond to our communication attempts for 60 consecutive days regarding the continuation of the project, the deposit will be forfeited, and the project will be considered abandoned.
We reserve the right to issue refunds or credits in exceptional circumstances, at our sole discretion.
Subscription Fees
The subscription fee is a recurring monthly charge for continued access to Pigmint services.
Subscriptions will remain active until the end of the current billing period, even after cancellation is initiated.
Subscription fees are non-refundable.
We reserve the right to issue refunds or credits in exceptional circumstances, at our sole discretion.
Late Payments
We do not charge late fees.
However, if payment is not received within 15 days of the due date and no prior arrangements have been made with Pigmint, your website will be temporarily disabled.
Your account will be reactivated upon full payment of any outstanding balance. No additional subscription fees will accrue during the period of disablement.
If your account remains disabled due to non-payment for two years, it may be permanently closed.
Account Closure
To close an account, the Site Manager must submit a written request.
Account data may be retained for up to two years after closure. We may archive the website project (the GitHub repository) for internal reference beyond this period; no personally identifiable information is stored in these projects and any information that may identify an entity will be removed before archiving.
Within two years of closure, accounts can be reactivated without incurring additional design and development fees, provided the customer wishes to use the same website.
Intellectual Property
All content and materials on our website and CMS, including but not limited to text, graphics, logos, images, software, and code, are our property or the property of our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reproduce any of these materials without our prior written consent.
Right to Refuse Service
We reserve the right to refuse service to any potential customer at our sole discretion. This may include situations where we are experiencing high demand or limited capacity, or if we believe that providing services to a particular customer would be incompatible with our business practices or values.
Termination
We reserve the right to terminate or suspend your access to our services at any time, with or without cause, and without notice. This includes the right to deny or terminate services to any user who engages in aggressive, abusive, threatening, or otherwise inappropriate behavior towards our employees or other users.
Third-Party Links
Our website or services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
Disclaimers and Limitations of Liability
Our services are provided "as is" without any warranties, express or implied. While we prioritize resiliency and security, we do not guarantee that our services will be 100% uninterrupted, error-free, or secure. We are not liable for any damages arising from the use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Governing Law and Dispute Resolution
These ToS are governed by the laws of New York State, United States of America. Any disputes arising from these ToS will be resolved first through good-faith mediation conducted by a mutually agreed-upon mediator in New York State. If mediation fails to resolve the dispute within 180 days, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Force Majeure
Neither party shall be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, strikes, lockouts, labor disputes, pandemics, epidemics, or any other unforeseen circumstances that prevent or significantly hinder the performance of its obligations under these Terms of Service. In such events, the affected party shall notify the other party as soon as reasonably possible and shall use reasonable efforts to resume performance as soon as the event of force majeure has subsided.
Miscellaneous
Severability: If any provision of these ToS is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement: These ToS constitute the entire agreement between you and us regarding the use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
Changes to the ToS: We may update these ToS from time to time. We will notify you of any material changes by posting the updated ToS on our website or through other communication channels. Your continued use of our services after any such changes constitutes your acceptance of the new ToS.
