Terms and Conditions

By signing up, you agree to the following Terms of Service for the use of ELVT Consulting services:

This Agreement is between ELVT Consulting LLC, (hereafter referred to as “Service Provider”) and all its subscribers (hereafter referred to as “Client”) unless the context requires otherwise.

The Service Provider, and/or its assignee does not guarantee any type of profit or response from said services.

The Client shall irrevocably indemnify the Service Provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its assignee may sustain, and/or to hold the Service Provider and/or its’ assigns harmless to which the Service Provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

  1. Services
  1. If the Client has signed up for Website Package:
    1. The Service Provider agrees to provide the Client a WordPress website and management service.
    2. The subscription service and the website platform setup for the Client is available for the Client to use, so long as the subscription payments are made. Please see section thirteen (13) for cancellation details.
  2. If the Client has signed up for Google Ads Package:
    1. The Service Provider agrees to provide the Client a new Google Ads account with their credit card and company details to run search advertisements to the clients website. 
    2. The subscription service and platform setup for the Client is available for the Client to use, so long as the subscription payments are made. Please see section thirteen (13) for cancellation details.
  3. If the Client has signed up for Social Ads Package:
    1. The Service Provider agrees to provide the Client a Meta Business Suite account or manage their Meta BUsiness Suite account to run Social Media Ads to the clients website. 
    2. The subscription service and platform setup for the Client is available for the Client to use, so long as the subscription payments are made. Please see section thirteen (13) for cancellation details.
  4. If the Client has signed up for Design Work Package:
    1. The Service Provider agrees to provide the Client design work for client use.
    2. The subscription service and platform setup for the Client is available for the Client to use, so long as the subscription payments are made. The designs may be used by client even after subscription payments end if they were signed up for the subscription based package. Please see section thirteen (13) for cancellation details.
  1. Service Fee

The Client agrees:

  1. To pay the fees that shall be charged to his account as a result of using the ELVT Consulting service, including but not limited to:
    1. Subscription fees;
    2. Fees for supplemental services or features;
    3. Additional specialized website customization;
    4. Google Ad fee spend;
    5. Meta Ad fee spend; and
    6. Purchases made through the use of the Service.
  2. That subject to any applicable law, fees and charges, ELVT Consulting services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.
  1. Effective Date
  1. This Agreement and the Client’s use of ELVT Consulting services shall become effective on the date the order is submitted by the Client;
  2. Unless amended or termination notice is submitted by the Client, in accordance with the provisions laid out in Section Thirteen (13), this agreement shall continue to exist and bind the parties under the same terms and conditions as herein agreed.
  1. Method of Payment
  1. The Client shall provide a valid credit card prior to and during any time the Client receives ELVT Consulting Services.
  2. Any Client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the Client stays on the service.
  3. Receipts for the payment transactions will be emailed directly to the Client through Stripe.com, the secure payment merchant of the Service Provider.
  4. The Client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.
  5. The Client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due,
  6. Any billing problems or discrepancies must be brought to ELVT Consulting’s attention within thirty (30) days from the date the Client is billed. If the Client does not bring them to the Service Provider’s attention within thirty (30) days, the Client agree to waive his right to dispute such problems or discrepancies with the Service Provider.
  7. Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on frances@elvtconsulting.com.
  1. Account Termination

The subscription shall be terminated on the following grounds:

  1. Service fees are unpaid after more than 30 days;
  2. Violation of these Terms Of Service;
  3. Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.

The Service Provider shall exert earnest effort to notify the Client before terminating the subscription.

  1. Warranties
  1. The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.
  2. The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
  3. The Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:
    1. The use or the inability to use the service;
    2. 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;
    3. Unauthorized access to or alteration of your transmissions or data;
    4. Statements or conduct of any third party on the service;
    5. Or any other matter relating to the service.
  4. The Service Provider shall take all reasonable precautions to ensure database is secure and protected, the Client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our Client’s data except for through the weekly backups of the Clients website which is stored on a ‘best effort’ basis and taken automatically via NameHero (third party hosting provider).
  1. Terms

The Client agrees to:

  1. Submit necessary contents to build the ordered website in a timely manner.
  2. Use the website in a manner that is legal, ethical and in conformity with community standards;
  3. Respect the privacy of other users in such manner that he shall not intentionally seek data or passwords belonging to other users, nor will he modify files or represent himself as another user unless explicitly authorized to do so by that user;
  4. Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
  5. Accept notifications of service changes, commercial email and similar offers presented via email.
  6. In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the Client prior to account termination.
  1. Assignment
  1. This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use his account, the Client agrees to:
    1. Seek the prior written consent of the Service Provider;
    2. Remain liable to the Service Provider for any fees due under this Agreement.
  2. The Service Provider retains its right to assign this Agreement at any time.
  1. Change of Terms and Conditions
  1. The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.
  2. The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.
  3. Non-acceptance to the new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy provided under Section thirteen (13).
  4. The Service Provider shall give thirty (30) thirty days notice prior to changing subscription rates.
  1. Notification of Account Changes

The Client agrees to:

  1. Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider.
  2. Notify the Service Provider of its address, email address, telephone number or billing information changes.
  1. Payment
  1. A valid credit card is required for paying accounts.
  2. The service is billed at the time of sign up and billed each month thereafter of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  1. Account Terms

The Client agrees that:

  1. He/She must be 18 years or older to use the service.
  2. He/She or his assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
  3. He/She shall provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. He/She is the owner of the credit card supplied. If another person or company owns the credit card provided, he undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to ELVT Consulting, should reimbursement is necessary.
  5. Login may only be used by one person – additional logins for the same account can be requested by contacting frances@elvtconsulting.com.
  6. He/She is responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation.
  7. He/She is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the Client’s account).
  8. He/She shall not use the Service for any illegal or unauthorized purpose.
  9. He/She must not, in the use of the service, violate any laws. (including but not limited to copyright laws).
  1. Cancellation and Termination
  1. The Client is solely responsible for properly canceling his account emailing frances@elvtconsulting.com and can cancel at any time. A phone, social media message, or any other request to cancel the Client’s account is not considered cancellation.
  2. ELVT Consulting is a subscription service. To use the platform setup for the Client at the commencement of this service, the Client must continue to pay the subscription fee.
  3. The Content of the Client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is canceled unless otherwise arranged through written notice via ELVT Consulting.
  4. The Service Provider, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Service, or any other ELVT Consulting service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the Client’s Account or his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.
  5. The Service Provider reserves the right to refuse service to anyone for any reason at any time.
  1. Modifications to the Service and Prices
  1. The Service Provider reserves the right to modify the service (or any part thereof), provided it notifies the Client a minimum of 30 days before doing so.
  2. Should the Service Provider decide to discontinue the service permanently, it shall ensure that Client has continued use for their website and agrees to notify the Client at least 30 days beforehand.
  3. Prices of all Services, including but not limited to monthly subscription plan, are subject to change upon 30 days’ notice. Such notice may be provided at any time via email and by posting the changes to the ELVT Consulting’s website.
  4. The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.
  1. Copyright and Content Ownership
  1. The Service Provider claims no intellectual property rights over the material provided by the Client for use on their website.
  2. The written content, photos, user data and materials uploaded on the Clients website remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content.
  3. The Service Provider does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. By supplying the content to the Service Provider the Client confirms that they own the right to publish such content.
  4. The Service Provider does not pre-screen content provided by the Client and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. ELVT Consulting and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available by the client via the Service.
  5. The look and feel of the website produced for the client is copyright ©2022-2023 ELVT Consulting, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.
  1. Preferred Partnership with ‘The Shed App’
  1. If the Client is referred to ELVT Consulting by preferred partner, ‘The Shed App’, the preferred partner may receive relevant information regarding but not limited to the client’s demo site, messaging, relevant analytics or performance data related to the site. 
  2. Clients site will include a credit line at the bottom of the client’s website that states ‘[Your Company Name] Website by The Shed App.’ 
  1. General Conditions
  1. The subject headings of the articles and sections in these terms are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
  2. If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.
  3. This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings.
  4. No waiver shall be binding unless executed in writing by the party making the waiver.
  5. The Client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ELVT Consulting customer, employee, member, or officer will result in immediate account termination.
  7. The Client understands that the technical processing and transmission of the Service, including its Content, may be transferred unencrypted and involve
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. Whilst ELVT Consulting promises to always work to provide the best service possibly, they provide no warranty or guarantee that;
    1. The service will meet your specific requirements and expectations;
    2. The service will be completely uninterrupted, timely, secure, or error-free;
    3. Leads, sales, revenue numbers or any other specific business results will be achieved through the use of our service.

Questions about the Terms of Service should be sent to frances@elvtconsulting.com.