Terms and Conditions

1. ACCEPTANCE OF TERMS

By clicking "I Agree," submitting payment, or using any services provided by Rainey Dental Partners ("Company," "we," "us," or "our"), you ("Client," "you," or "your") enter into a legally binding agreement and accept these Terms and Conditions in their entirety. If you do not agree to these terms, do not proceed with payment or use our services.

2. SERVICE DESCRIPTION

2.1 Design Phase Services

• •Initial Payment: $499 one-time setup fee (the "Setup Fee")
• •Deliverable: Custom website design for your dental practice
• •Timeline: Website design delivered within 3 weeks of receiving all required materials and information
• •Scope: Custom design, responsive layout, initial content integration, and basic SEO setup

2.2 Subscription Services

If you approve your website design and choose to launch:

• •Monthly Fee: $499/month for 12 months (the "Subscription Period")
• •Included Services: Website hosting, security, backups, speed monitoring, analytics, technical support, and unlimited content edits (as defined in Section 5.4)
• •Auto-Renewal: After the initial 12-month period, your subscription AUTOMATICALLY RENEWS for successive 12-month periods at the then-current rate unless you provide 30 days' written notice of cancellation before the end of your current 12-month term
• •Billing: Subscription charges begin on your website launch date and recur monthly via automatic payment from your payment method on file

3. PAYMENT TERMS

3.1 Setup Fee

• •The $499 Setup Fee is charged immediately upon signup
• •This fee initiates the design process
• •Refundable only under the Money-Back Guarantee (Section 4)

3.2 Subscription Charges

• •Monthly subscription charges begin upon website launch
• •You authorize us to charge your payment method on file automatically each month
• •You are responsible for maintaining valid payment information
• •Failed payments may result in service suspension or termination

3.3 Late Payments

• •Payments more than 10 days overdue may result in website suspension
• •A $25 late fee may be assessed for failed payment attempts
• •Accounts more than 30 days past due may be terminated and website taken offline

3.4 No Refunds on Subscription Fees

• •Monthly subscription fees are non-refundable once charged
• •No prorated refunds for partial months

4. MONEY-BACK GUARANTEE

4.1 Guarantee Terms

• •If you choose not to launch your completed website design, we will refund your $499 Setup Fee in full
• •This guarantee applies only to the initial Setup Fee, not subscription charges
• •Refund requests must be made within 30 days of receiving your initial design

4.2 Refund Conditions

If you request a refund under this guarantee:

• •You agree not to use, copy, recreate, or derive any design elements from the website we created
• •You acknowledge that all design work, code, graphics, and content created by us remain our intellectual property
• •We reserve the right to reuse design elements for other clients
• •Any domains purchased on your behalf become your property, but you are responsible for transfer fees

5. CLIENT RESPONSIBILITIES

5.1 Information Provision

You agree to provide:

• •Accurate practice information
• •Logo and branding assets
• •Photos (authentic practice photos preferred)
• •Content, copy, and any specific requests
• •Domain access credentials (if using existing domain)

5.2 Timely Response

• •You agree to respond to design reviews and revision requests within 14 days
• •Projects inactive for more than 30 days due to lack of client response may be considered abandoned
• •Abandoned projects forfeit the Money-Back Guarantee

5.3 Content Accuracy

• •You are solely responsible for the accuracy, legality, and appropriateness of all content you provide
• •You warrant that you have rights to all materials you provide (photos, logos, copy, etc.)
• •You are responsible for ensuring all information (hours, services, pricing, credentials) is current and accurate

5.4 Edit Requests

• •"Unlimited edits" means reasonable content changes, text updates, and minor design tweaks
• •Does not include: complete redesigns, complex functionality additions, or third-party integrations requiring substantial development time
• •We reserve the right to determine what constitutes a reasonable edit vs. a new project (quoted separately)

6. INTELLECTUAL PROPERTY & OWNERSHIP

6.1 During Design Phase

• •All designs, code, graphics, and materials created by us remain our exclusive property until you complete the 12-month Subscription Period
• •We retain ownership and may reuse or modify designs for other clients

6.2 After 12-Month Subscription Period

• •Upon successful completion and payment of all 12 monthly subscription fees, full ownership of the website design, code, and custom content transfers to you
• •You receive complete source files and retain full rights to use, modify, or migrate your website
• •This does not include proprietary tools, templates, or frameworks we use in development

6.3 Your Content

• •You retain ownership of all content you provide (text, photos, logos, branding)
• •You grant us a license to use your content solely for creating and maintaining your website

6.4 Third-Party Elements

• •Some website elements (fonts, stock photos, plugins, themes) may be licensed from third parties
• •You agree to comply with all third-party licensing terms
• •Continued use after ownership transfer may require separate licensing

7. WEBSITE ACCESS & CONTROL

7.1 Login Credentials

• •We will provide you with username and password to access your website's content management system
• •You may make content changes at any time during your subscription
• •You are responsible for maintaining the security of your login credentials

7.2 Hosting Control

• •During the Subscription Period, your website is hosted on our servers or our hosting partners
• •You do not have direct server access during this period
• •Upon completing the 12-month Subscription Period, we will provide full hosting credentials or assist with migration to your preferred hosting

7.3 Domain Ownership

• •If you provide your own domain, you retain ownership at all times
• •If we register a domain on your behalf, you are the legal owner, but we may manage DNS settings during the Subscription Period
• •We will transfer full domain control upon request after the Subscription Period

8. LIMITATION OF LIABILITY & DISCLAIMERS

8.1 Website Performance

We strive to provide fast, secure, and reliable websites, but we do not guarantee:

• ○100% uptime or availability
• ○Freedom from errors or bugs
• ○Specific search engine rankings or traffic results
• ○Lead generation or patient acquisition outcomes

8.2 Accessibility Compliance

• •YOU ACKNOWLEDGE AND AGREE: We do not guarantee that your website will comply with ADA (Americans with Disabilities Act), WCAG (Web Content Accessibility Guidelines), or any other accessibility standards
• •You are solely responsible for ensuring your website meets all legal accessibility requirements
• •We are not liable for any claims, lawsuits, or penalties related to website accessibility
• •If accessibility compliance is required, you must separately contract for accessibility audits and remediation services

8.3 Legal and Regulatory Compliance

You are solely responsible for ensuring your website complies with all applicable laws including but not limited to:

• ○HIPAA (Health Insurance Portability and Accountability Act)
• ○State dental board regulations
• ○Advertising and marketing laws
• ○Privacy laws and data protection regulations
• ○Consumer protection laws

We are not responsible for ensuring your content, claims, or practices comply with legal or professional standards.

8.4 Third-Party Services

• •Your website may integrate with third-party services (payment processors, appointment schedulers, analytics, etc.)
• •We are not responsible for the performance, availability, security, or terms of service of third-party providers
• •You are responsible for maintaining your own agreements with third-party service providers

8.5 Security

While we implement reasonable security measures, we cannot guarantee your website will be free from:

• ○Hacking, malware, or security breaches
• ○Data loss or corruption
• ○Unauthorized access

You are responsible for maintaining secure passwords and access controls.

8.6 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• •Our total liability to you for any claims arising from or related to our services shall not exceed the total amount you paid us in the 12 months preceding the claim
• •We are not liable for any indirect, incidental, consequential, special, or punitive damages including but not limited to lost profits, lost revenue, lost data, or loss of business opportunity
• •This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise)

9. WARRANTIES DISCLAIMER

YOUR WEBSITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• •Warranties of merchantability
• •Fitness for a particular purpose
• •Non-infringement
• •Title
• •Accuracy or reliability
• •Error-free or uninterrupted operation

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rainey Dental Partners, its owners, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• •Your use of the website
• •Your breach of these Terms
• •Content you provide or publish
• •Your violation of any law or regulation
• •Your violation of any third-party rights (intellectual property, privacy, etc.)
• •Claims of website accessibility non-compliance
• •Any legal or regulatory violations related to your practice or content

11. CANCELLATION & TERMINATION

11.1 Cancellation by Client

• •You may cancel your subscription at any time by providing 30 days' written notice via email to team@raineydentalpartners.com
• •Important: To avoid automatic renewal for another 12-month period, you must provide written cancellation notice at least 30 days before the end of your current 12-month term
• •Cancellation takes effect at the end of your current billing period or 12-month term (whichever is applicable)
• •You remain obligated to pay for service through the end of the notice period
• •No refunds for unused portions of your subscription

11.2 Early Cancellation (Before 12 Months)

If you cancel before completing the 12-month Subscription Period:

• ○You forfeit ownership rights to the website design
• ○We may take your website offline immediately or at the end of your paid period
• ○You may request source files for a one-time fee of $1,500
• ○Domain ownership remains yours, but you are responsible for pointing it to new hosting

11.3 After 12-Month Period

• •After completing 12 months, you may cancel at any time with 30 days' notice
• •We will provide all source files and assist with migration to your preferred hosting
• •You retain full ownership of your website

11.4 Termination by Company

We may suspend or terminate your account immediately if:

• •You fail to pay amounts due
• •You violate these Terms
• •You engage in fraudulent, abusive, or illegal conduct
• •Your website hosts illegal, harmful, or inappropriate content
• •Required by law or legal process
• •Our team is treated in a manner that makes partnership impossible

11.5 Effect of Termination

Upon termination:

• •Your website will be taken offline
• •We are not obligated to provide backups or source files (unless you completed 12 months)
• •You remain liable for all amounts owed through the termination date
• •Sections 6, 8, 9, 10, and 13 survive termination

12. CHANGES TO SERVICES & PRICING

12.1 Service Changes

• •We reserve the right to modify, suspend, or discontinue any aspect of our services at any time
• •We will provide reasonable notice of material changes when possible

12.2 Price Changes

• •Subscription pricing remains fixed during your initial 12-month commitment
• •After the initial period, we may adjust pricing for renewal periods with 60 days' notice
• •Setup Fee pricing may change at any time for new customers (does not affect existing customers)

12.3 Terms Updates

• •We may update these Terms at any time
• •Material changes will be communicated via email or prominent website notice
• •Continued use of services after changes constitutes acceptance
• •If you do not agree to updated Terms, you may cancel your subscription

13. GENERAL PROVISIONS

13.1 Governing Law & Jurisdiction

• •These Terms are governed by the laws of Texas without regard to conflict of law principles
• •Any disputes shall be resolved exclusively in the state or federal courts located in Travis County, Texas
• •You consent to personal jurisdiction in these courts

13.2 Dispute Resolution

• •Before filing any legal action, you agree to first attempt to resolve disputes by contacting us at team@raineydentalpartners.com
• •We will attempt to resolve disputes informally within 30 days
• •If informal resolution fails, either party may pursue formal legal remedies

13.3 Severability

• •If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect
• •Invalid provisions shall be modified to reflect the parties' intent to the extent permitted by law

13.4 Entire Agreement

• •These Terms constitute the entire agreement between you and Rainey Dental Partners regarding our services
• •These Terms supersede all prior agreements, understandings, and communications

13.5 No Waiver

• •Our failure to enforce any provision does not constitute a waiver of that provision
• •Waiver of any term must be in writing and signed by both parties

13.6 Assignment

• •You may not assign or transfer your rights under these Terms without our written consent
• •We may assign our rights and obligations to any party at any time

13.7 Force Majeure

• •We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, government actions, internet outages, etc.)

13.8 Independent Contractor

• •The relationship between you and Rainey Dental Partners is that of independent contractors
• •Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship

13.9 Notices

All notices must be in writing and sent to:

• ○For Client: Email address provided during signup
• ○For Company: team@raineydentalpartners.com

Notices are effective upon email delivery.

14. CONTACT INFORMATION

For questions about these Terms or our services:

Rainey Dental Partners
Email: team@raineydentalpartners.com
Website: https://raineydentalpartners.com