Terms of Service

Last Updated: January 11, 2024

Introduction

Welcome to Highfivery!

We’re thrilled to have you explore our range of services, from managed website hosting to SEO, pay-per-click advertising, content marketing, web development, and our exclusive photography services. At Highfivery, we blend the art of web to provide innovative and effective solutions tailored to your needs.

Acceptance of Terms

By accessing and using Highfivery’s services, you agree to be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of Highfivery’s services, websites, and applications (collectively, the “Services”). Please read them carefully.

Changes to Terms

Highfivery reserves the right to modify or replace these Terms at any time at our sole discretion. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.

Contacting Us

If you have any questions about these Terms, please contact us. We’re here to help and ensure that your experience with Highfivery is as smooth and enjoyable as possible.

Let’s Dive Into the Details

Before you start using our services, here are some important points you should know…

User Accounts & Responsibilities

Account Creation

  • Registration Requirements: To access certain features of Highfivery’s services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for safeguarding the password you use to access our services and for any activities or actions under your password. Highfivery cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

User Responsibilities

  • Compliance with Terms: By using Highfivery’s services, you agree to comply with these Terms and all local, state, national, and international laws, regulations, and ordinances relevant to your use of our services.
  • Content and Conduct: You are responsible for all content you provide and your activities on our services. Highfivery does not endorse any content expressed by users and expressly disclaims any and all liability in connection with user content.

Prohibited Use

  • Unlawful Use: You agree not to use the services for any unlawful purposes or in ways that violate these Terms.
  • Misuse of Services: Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the services; uploading invalid data, viruses, worms, or other software agents through the services; accessing any content on the service through any technology or means other than those provided or authorized by the service; and/or bypassing the measures we may use to prevent or restrict access to the services, including, but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein, is prohibited.

Account Termination/Suspension

  • Violation of Terms: Highfivery reserves the right to terminate or suspend your account and bar access to the services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
  • Effect of Termination: Upon termination, your right to use the services will cease immediately. If you wish to terminate your account, you may simply discontinue using the services.

Changes to Accounts

  • Modification of Services: Highfivery reserves the right at any time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

Service Usage & Limitations

Highfivery offers a diverse range of digital services, including but not limited to:

  • Managed Website Hosting: Reliable and secure hosting solutions tailored to meet your specific needs.
  • Search Engine Optimization (SEO): Comprehensive SEO strategies to enhance your online visibility.
  • Pay-Per-Click Advertising: Expertly managed PPC campaigns to maximize your return on investment.
  • Content Marketing: Engaging and relevant content creation to captivate your target audience.
  • Web Development Services: Custom web development solutions, including expertise in WordPress & frontend development.
  • Photography Services: Professional photography services encompassing stock photos, photoshoots, product photography, and more.

Each of these services is crafted to deliver excellence and effectiveness, ensuring that your digital presence stands out.

Usage Limitations

  • Fair Use Policy: The use of Highfivery’s services should be fair and reasonable. We reserve the right to monitor usage and implement measures to protect against abuse or overuse.
  • Service Specific Restrictions: Some services may have specific limitations or usage policies, which will be communicated to you in conjunction with those services.
  • Modification of Services: Highfivery continuously strives to improve its offerings and may add, modify, or discontinue services according to business needs and customer feedback, with or without notice to you.

User Responsibilities

  • Adherence to Service Guidelines: You agree to use our services in accordance with any guidelines or instructions provided, including respecting intellectual property rights and avoiding the transmission of harmful or illegal content.
  • Notification of Issues: In case of any issues or concerns with the services, users are encouraged to promptly contact Highfivery for assistance.

Availability of Services

  • Service Interruptions: While Highfivery aims to ensure that the services are always accessible, interruptions due to maintenance, updates, or unforeseen circumstances may occur. We will endeavor to minimize any disruption where feasible.
  • Limitation of Liability for Service Interruptions: Highfivery shall not be liable for any interruption in services and any loss that may occur due to such interruptions.

Billing & Payment Policies

Standard Billing Practices

  • Payment Terms: All fees for Highfivery’s services are due in accordance with the payment terms specified at the time of purchase. We accept various forms of payment, which may include credit cards, PayPal, or other approved methods.
  • Invoices: Invoices are typically sent electronically and include details of the services provided along with the corresponding charges.

Hourly Allotment & Overage Policy

  • Allotted Hours: Highfivery delivers services in accordance with the pre-determined hourly allotment, which is based on the quantity of hours a client selects to purchase from our range of hourly rate offerings.
  • Exceeding Hourly Allotment:
    • Notification: Clients will be notified when they are nearing or have exceeded their allotted hours.
    • Overage Charges: Should the usage exceed the client’s current hourly allotment for a period exceeding 30 days, any additional hours will incur charges at a rate 25% higher than the standard rate.
    • Reverting to Standard Rate: If the account returns to good standing for a continuous period of 3 months, the billing rate will revert to the normal rate.

Late Payments

  • Consequences of Late Payment: Late payments may result in suspension of services, additional late fees, and/or an increased interest rate on overdue amounts.
  • Communication Regarding Late Payments: If you anticipate difficulty in paying an invoice on time, we encourage you to contact us as soon as possible to discuss potential arrangements.

Refunds and Cancellations

  • Cancellation Policy: Cancellations of services at Highfivery must be made in accordance with the procedures outlined on our platform. It’s important to note that due to scheduling and resource allocation, certain services may have specific cancellation requirements.
  • Refund Policy: Given the specialized nature of our work, Highfivery does not generally offer refunds. This policy is in place to reflect the significant commitment of resources and effort that goes into initiating each project. For more detailed information, please refer to our Refund Policy page.

Intellectual Property Rights

Ownership of Materials & Intellectual Property

  • Highfivery Content: All materials and content provided by Highfivery, including but not limited to website designs, texts, graphics, logos, photographs, audio, video, and any documentation, are the intellectual property of Highfivery or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.
  • Client Content: Clients retain all rights to their own content that they provide for use in connection with the services. By providing content, clients grant Highfivery a license to use, reproduce, modify, and display the content as necessary to provide the services.

Use of Highfivery Services & Content

  • License to Clients: Highfivery grants clients a non-exclusive, non-transferable, limited license to access and use the services and materials provided for their own business purposes, in accordance with these Terms.
  • Restrictions: Clients are not permitted to resell, redistribute, or create derivative works from Highfivery’s content or services without explicit written permission from Highfivery.

User-Generated Content

  • Responsibility for User Content: Clients are solely responsible for any content they generate or upload when using Highfivery’s services. This includes ensuring they have all necessary rights and permissions to use such content.
  • Prohibited Content: Clients must not upload, share, or otherwise disseminate any illegal, offensive, or infringing content through Highfivery’s services.
  • License to Highfivery: By posting content to our services, you grant Highfivery a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). This license is for the sole purpose of enabling Highfivery to provide, promote, and improve the services and to make content submitted to or through the services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such content on other media and services.
  • End of License: The above rights granted by you in user content terminate when you remove or delete your content from the Highfivery services.
  • Lawful Use: You represent and warrant that your content and your use thereof as contemplated by these Terms will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
  • Liability for Content: Highfivery takes no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our services. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Protection of Intellectual Property

  • Infringement Claims: If you believe that your intellectual property rights have been violated by a user of Highfivery’s services or by content hosted on our platform, please contact us with a detailed description of the alleged infringement.
  • Response to Infringement Claims: Highfivery takes intellectual property rights very seriously and will respond appropriately to notices of alleged infringement.

Privacy Policy

Highfivery is dedicated to protecting the privacy and security of our clients’ information. To fully understand how your personal information is collected, used, and protected, please refer to our detailed Privacy Policy.

Key Points of Our Privacy Commitment

  • Transparency: Our Privacy Policy provides clear information about the types of data we collect, the purposes for which it is used, and the measures we take to protect it.
  • User Control: We respect your rights regarding your personal information, including the right to access, correct, or delete it, as outlined in our Privacy Policy.
  • Data Security: We are committed to protecting your data from unauthorized access and use. The Privacy Policy details the safeguards we have in place.

Accessing the Privacy Policy

For a comprehensive understanding of our practices regarding your personal data:

  • Please Visit: Highfivery Privacy Policy to read the full document.
  • Updates: We update our Privacy Policy periodically and encourage you to review it regularly.

Limitation of Liability

Disclaimer of Certain Liabilities

  • Service Limitations: Highfivery does not guarantee that the services will meet your specific requirements, be uninterrupted, timely, secure, or error-free. While we make every effort to maintain the reliability and accuracy of the services, they are provided “as is” and “as available” without any warranties, representations, or guarantees of any kind.
  • Technical Issues: Highfivery is not responsible for any technical malfunctions, information loss, or other damage resulting from your use of our services. This includes issues stemming from hosting, internet connectivity, electronic or digital failures, and other related problems.

Limitations on Claims

  • Extent of Liability: In no event will Highfivery, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
  • Cap on Liability: To the maximum extent permitted by applicable law, Highfivery’s total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the applicable service(s).

User Acknowledgement

  • Risk Acceptance: By using Highfivery’s services, you acknowledge and agree that the entire risk arising out of your access to and use of the services remains solely with you, to the maximum extent permitted by law.

Changes to Terms of Service

Revision and Modification

  • Right to Amend Terms: Highfivery reserves the right, at our sole discretion, to revise or modify these Terms of Service at any time. Changes may reflect updates in our services, legal regulations, or business processes.
  • Notification of Changes: When we make changes to the Terms, we will provide notice of these changes as appropriate under the circumstances, such as by posting a notice on our website or sending you an email notification.

User’s Responsibility to Stay Informed

  • Reviewing Changes: It is your responsibility to regularly check our website for any changes to these Terms. Continued use of our services after any such changes shall constitute your consent to such changes.
  • Understanding the Impact: The changes may affect your use of the website and our services, and it’s important that you understand how. If you disagree with the revised terms, you may choose to discontinue the use of our services.

Effective Date of Changes

  • Implementation: Changes to the Terms will be effective immediately upon their posting on the website or as otherwise communicated. Your continued use of our services after the posting of revised Terms means that you accept and agree to the changes.

Governing Law & Dispute Resolution

Governing Law

  • Jurisdiction: These Terms of Service shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of law provisions. Highfivery’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Applicability: This governing law applies to the Terms of Service and any separate agreements whereby Highfivery provides you services.

Dispute Resolution

  • Initial Effort to Resolve Disputes: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Service or the breach thereof, the parties hereto shall use their best efforts to settle the dispute. This should initially be attempted through direct discussion.
  • Formal Resolution: If a dispute cannot be resolved through direct discussion, you agree to first attempt to resolve it by mediation administered by a mutually agreed-upon mediator in the state of Texas. Costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
  • Binding Arbitration: If mediation is unsuccessful, either party may begin arbitration proceedings. You agree that disputes arising from these Terms or your use of the Services will be resolved by binding, individual arbitration under the American Arbitration Association’s rules, and not in a court of law.
  • Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Contact Information for Legal Notices

Contact Information

Reaching Out to Highfivery

If you have any questions about these Terms of Service, our services, or require any support or assistance, please feel free to contact us. We are committed to providing you with the best possible service and support.

Contact Methods

  • Email: For general inquiries, support, or feedback, please email us at info@highfivery.com.
  • Phone: You can reach us by phone for more immediate assistance or for discussing specific service-related issues. Our contact number is provided on our website.
  • Postal Mail: For official correspondence, or if you prefer to reach us by mail, our mailing address is: 18601 FM 1431 Ste 104 # 113 # 1002 Jonestown, TX, USA 78645.

Business Hours

Our business hours are 9:00 AM to 5:00 PM CST, Monday through Friday. We strive to respond to all inquiries within one business day.

Feedback and Suggestions

We value your feedback and are always looking to improve our services. If you have suggestions or feedback, please don’t hesitate to reach out. Your input is vital to our continual growth and improvement.

Acknowledgement & Acceptance of Terms

Acceptance of Terms

  • Agreement to Terms: By accessing and using Highfivery’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you are prohibited from using our services.
  • Binding Agreement: These Terms constitute a binding agreement between you and Highfivery, and they provide detailed information about your rights and obligations as a user of our services.

Representation of Capacity

Legal Age and Authority: By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You also represent that you have the legal authority to enter into these Terms on behalf of yourself or any entity you represent.

Entire Agreement

  • Comprehensiveness: These Terms of Service, together with any additional terms or policies referenced herein and/or available by hyperlink, constitute the entire agreement between Highfivery and you in relation to your use of our services.
  • Superseding Effect: These Terms supersede all prior agreements, communications, and proposals, whether oral or written, between you and Highfivery.

Contact for Clarification

If you have any questions regarding these Terms, require clarification on any of the points, or need any further information regarding our services, please contact us using the details provided in the previous section.

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