Terms of Service

The Site is an informational and marketing website that describes the services Sims Digital Partners offers, including websites, business applications, and workflow automation. Information on the Site is provided for general purposes only. Nothing on the Site is an offer to enter into a contract, and no contract for services is formed through the Site. Any services we provide are governed by a separate written agreement or quote between you and us.

This section describes, in general terms, what our service plans cover. The specific services, deliverables, prices, and any exclusions for your project are set out in the written agreement or quote between you and us (your "Order"). If anything in your Order conflicts with this section, your Order controls.

Our plans generally fall into three types:

• Managed Website — an ongoing monthly plan under which we design and build your website and then host, maintain, secure, and support it, give you a dashboard to update your own content, and make content changes you request up to the amount of time included in your plan each month. Additional or larger changes are quoted separately.
• Website Hosting — a monthly plan that keeps a website you own online, secure at the server level, and backed up, and manages the technical settings that keep your web address pointing to your site. It does not include content changes, design work, new features, search-engine or marketing work, or the maintenance and security of the website's own software (for example, a third-party content system such as WordPress and its plugins or themes). Those services are available under a Managed Website plan or by separate quote.
• One-time build — a project under which we build a website for a single fixed fee and deliver it to you to own and operate yourself. Ongoing hosting, maintenance, and support are not included and are available separately.

Unless your Order says otherwise, you are responsible for registering and paying for your domain name, for the content you provide to us, for obtaining the rights to any materials you supply, and for the upkeep and security of any website or software you operate yourself or ask us only to host.

Some services rely on third parties — for example, hosting providers, domain registrars, email providers, and payment processors. Those services are subject to the third party's own terms, and related fees may be passed through to you.

Monthly plans are month-to-month and may be cancelled at any time, effective at the end of the current billing period. On cancellation we will make reasonable efforts to hand over a site you own; you are then responsible for arranging its hosting and upkeep.

You agree to use the Site lawfully and not to:

• use the Site in any way that violates applicable law or regulation;
• attempt to gain unauthorized access to, interfere with, or disrupt the Site or its underlying systems;
• introduce malware or other harmful code; or
• scrape, harvest, or collect data from the Site through automated means without our prior written permission.

All content on the Site — including text, graphics, logos, images, code samples, and design — is owned by Sims Digital Partners LLC or its licensors and is protected by intellectual-property laws. The "Sims Digital Partners" name and logo are our marks. You may not copy, reproduce, distribute, or create derivative works from Site content without our prior written permission, except for personal, non-commercial viewing of the Site.

The Site may contain links to third-party websites or services that we do not control. We provide these links for convenience and are not responsible for the content, products, or practices of any third-party site.

The Site is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that information on it is accurate, complete, or current. Content on the Site is not professional advice (legal, financial, technical, or otherwise) and should not be relied on as such.

To the fullest extent permitted by law, Sims Digital Partners LLC and its owner will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of (or inability to use) the Site. To the fullest extent permitted by law, our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars (US $100).

You agree to indemnify and hold harmless Sims Digital Partners LLC and its owner from any claims, losses, or expenses (including reasonable attorneys' fees) arising out of your misuse of the Site or your violation of these Terms.

Your use of the Site is also governed by our Privacy Policy, which explains how we handle information.

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. You agree that any dispute relating to the Site or these Terms will be brought exclusively in the state or federal courts located in North Carolina.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes take effect means you accept the updated Terms.

Questions about these Terms? Contact Sims Digital Partners LLC at [email protected].