Billy - Terms of Service & Privacy Policy

Terms of Service

By accessing and using the services offered by Billy Joinville ("we", "us", "our" or "the Service"), and by using the website, billyjoinville.me ("the Website", "Site" or "Content"), you agree to comply with and be bound by the following terms and conditions ("Terms"). You also agree to the Scope Of Work, outlining tasks and responsibilities for the Service provided by Billy Joinville. If you do not agree to these Terms, please refrain from using the Service.

1. Acceptance of Terms

By accessing this website and/or purchasing services from Billy Joinville, you agree to these Terms of Service. These Terms apply to all users of the Service, including visitors, customers, and others who access the Service. If you do not agree with these Terms, you may not use the Service.

2. Services Provided

Billy Joinville provides website creation and setup services for individuals who want to build their online presence. The features and services offered by Billy Joinville are outlined in the Scope Of Work, and on the Services page. Billy Joinville will work with you to create a custom website based on your preferences and requirements. The service includes website design, content creation, and setup on a hosting platform using GitHub Pages. A total of eight (8) pages are included in the Full Website Setup package. Additional pages will require a corresponding purchase of the Full Website Setup package.

3. User Responsibilities

You agree to provide accurate information for creating and setting up your website.
You will not engage in any illegal or unethical behavior while using or managing your website.
You will not share, redistribute, or resell the Service provided without prior permission from Billy Joinville.
You agree not to hold Billy Joinville responsible for any damages resulting from improper use of third-party services such as GitHub.

4. Payment Terms

All payments are to be made in full through Stripe. Stripe accepts all major credit cards and is a secure payment platform for online transactions. We will not accept cash, checks, or other forms of payment. Payment plans may be available for certain circumstances, but the full amount must be paid before the service is completed.

If you opt for a payment plan, you agree to make all payments on time and in full. Invoice reminders will be sent to the email address provided and are still subject to the Refund Policy. Failure to make payments, and cancellation of the payment plan may result in the termination of the Service and forfeiture of any rights to the website content.

5. Offers and Promotions

From time to time, Billy Joinville may offer discounts, promotions, or special offers on the Service. These offers are subject to change and may be limited to specific packages or timeframes. If you have received a discount code or promotional offer, you must enter it at the time of purchase to receive the discount. Discounts cannot be applied retroactively. Offers and Promotions expire when supplies run out or when the promotion period ends. Billy Joinville reserves the right to modify or cancel any offers or promotions at any time without notice.

6. Cancellation and Refunds

If you wish to cancel the Service before it has commenced, you may do so by contacting us through our contact form. Refunds for canceled services will be processed within 7-10 business days to the original payment method. Refunds are not available after the service has commenced, unless the service is not delivered as described. In the event of a refund, you agree to forfeit any rights to the website setup and content provided by Billy Joinville. If you have any concerns about the service that do not qualify for a refund, please contact us directly for additional support.

7. Domain Registration and Hosting

Domain and Hosting services are included in the Full Website Setup package during the package lifetime of 18 months. After the 18 month period, you will be responsible for renewing your domain and hosting services. Billy Joinville is not responsible for any issues or damages caused by third-party hosting services. You agree to comply with the terms and conditions of the hosting provider (GitHub, WordPress.com, WordPress.org or other), including any restrictions or limitations on the use of their services. We are able to cover up to fifty (50) percent of the cost for the Full Website Setup package. Any additional fees exceeding that percentage will be your responsibility.

8. Intellectual Property

All website designs, customizations, and code provided by Billy Joinville remain the intellectual property of the Service until full payment is made. Upon payment, full rights to the website content will be transferred to you.

9. Third-Party Services

Billy Joinville will use third-party services to complete the Services. We use GitHub, or WordPress for hosting, Namecheap for domain registration, and Stripe for payment processing. We also use additional third parties for calendar scheduling, Zoom meetings, and email communication. By using these third-party services, you must agree to the terms of each third-party provider:

Billy Joinville is not responsible for any issues or damages caused by third-party services, including but not limited to data breaches, service outages, or payment processing errors. Any content or services provided by third-party services are owned and operated by those entities, and Billy Joinville is not responsible for the accuracy, quality, or legality of their services. If you have any concerns about third-party services, please contact us directly for assistance.

10. Your Use of the Website

By using the Website, you agree to the following terms:

You may not use any automated means to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer, including any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.

11. Limitation of Liability

Billy Joinville is not responsible for any technical issues caused by third-party services. You assume full responsibility for any damages resulting from the use or misuse of the website after setup.

12. Duration of Service

The Full Website Setup package includes eighteen (18) months of ongoing support from the date of purchase. This support includes assistance with website updates, content changes, and technical issues. After the 18-month period, you may choose to renew by purchasing another Full Website Setup package. If you choose to opt out, you will be responsible for maintaining and updating your website. Billy Joinville is not responsible for any issues or damages caused by lack of maintenance or updates.

13. Termination of Service

Billy Joinville reserves the right to terminate or suspend access to the Service for any violation of these Terms or in the case of fraudulent or illegal activity. This includes, but is not limited to, failure to make payments, misuse of the Service, or violation of intellectual property rights. Any chargebacks or payment disputes will result in immediate termination of the Service and forfeiture of any rights to the website content. In addition, we reserve the right to pursue further action and investigation for any damages caused by chargebacks or payment disputes. Upon termination, any outstanding payments will be immediately due.

14. Legal Disputes

If any dispute arises between you and Billy Joinville regarding the use of the Service, the following terms will apply:

Governing Law

These Terms and any dispute or claim arising from them shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions.

Jurisdiction

If arbitration is not available or is opted out of, any legal action arising from these Terms shall be brought exclusively in the federal or state courts located in Camden, Delaware, United States of America, and you consent to the personal jurisdiction of these courts.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. By agreeing to these Terms, you waive your right to participate in any class action or to have disputes heard on a collective basis.

Limitation of Liability

To the fullest extent permitted by law, Billy Joinville shall not be held liable for any indirect, incidental, special, or consequential damages, including lost profits, data, or business opportunities, arising out of or in connection with the use or performance of the Service.

15. Changes to the Terms

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms periodically for changes. Any changes will be posted on this page with an updated revision date. By continuing to use the Service after the Terms have been updated, you agree to the revised Terms.

Privacy Policy

Your privacy is important to us. This privacy policy outlines how we collect, use, and protect your personal data.

1. Information We Collect

When you engage with Billy Joinville for web design services, we may collect the following personal information:

Name
Email address
Payment information
Website preferences and requirements
Domain name (if necessary for the Service)
Hosting platform preferences
GitHub username (if necessary for the Service)

2. How We Use Your Information

The information collected is used solely for the following purposes:

To communicate with you about the Service
To provide personalized website setup and assistance
To process payments
To improve the Service and customer experience

We do not sell your personal information under any circumstances. However, it is required to share your information with third-party services with the sole purpose of completing the Service. By using the Service, you agree to the sharing of your information with these third parties (e.g., GitHub, WordPress, Stripe).

3. Security

We take the security of your personal information seriously. Your data is stored securely and only accessible to those who need it to provide the Service. However, please note that no online transmission is 100% secure, and while we strive to protect your data, we cannot guarantee its absolute security.

4. Your Rights

You have the right to:

Access the personal information we have about you
Request corrections or updates to your information
Request the deletion of your data once the Service is completed

To exercise any of these rights, please contact us here.

5. Zoom and Recordings

By engaging with the Service, you agree to the use of Zoom for virtual meetings and screen sharing. Meetings may be recorded for quality assurance and training purposes. Recordings will not be shared with third parties and will be deleted after the Service is completed. If you do not wish to be recorded, please inform us before the meeting begins. You must agree to Zoom's terms of service and privacy policy to participate in virtual meetings. Billy Joinville is not responsible for any issues or damages caused by Zoom or its services.

6. Cookies and Tracking

We may use cookies or similar technologies to enhance your experience on our website. Cookies help us understand how visitors use the site, but they do not collect personal information unless you provide it directly.

7. Third-Party Links

Our website may include links to third-party websites (e.g., GitHub, Stripe). Once you leave our website, we are not responsible for the privacy practices of those sites. Please review their policies before providing personal information.

8. Changes to This Policy

We reserve the right, at our sole discretion, to update this Privacy Policy at any time. It is your responsibility to review this policy periodically for changes. Any changes will be posted on this page with an updated revision date. By continuing to use the Service after the Privacy Policy has been updated, you agree to the revised terms.