Terms and Conditions

Effective Date

These Terms and Conditions take effect for each Client on the date the Client submits payment through our Stripe payment link. If these Terms are updated in the future, the version in effect on the date of your payment will govern your agreement unless you explicitly accept a later version.

These Terms govern the relationship between Rainey Dental Partners LLC ("Company", "we", "us", or "our") and you, the Client ("Client", "you", or "your"). By requesting a free website preview, approving a design, submitting payment through Stripe, or using any of our services, you agree to be legally bound by these Terms.

If you do not agree with these Terms, do not submit payment or use our services.

1. Acceptance of Terms

1.1 By submitting payment through our Stripe payment link, you acknowledge that you have read, understand, and agree to these Terms in full.

1.2 Your payment submission counts as your electronic signature and acceptance of these Terms.

1.3 You may review the most current version of these Terms at any time at https://raineydentalpartners.com/terms.

2. Description of Services

2.1 Free Website Preview

• a.The Company will design your first website preview at no cost.
• b.No payment information is required to request or receive the preview.
• c.The preview is typically delivered within 5 business days after the Client completes the sign up form and provides necessary information.
• d.The preview is for evaluation only and may not be used, copied, downloaded, recreated, or published unless the Client pays the design fee and authorizes the website to launch.

2.2 Website Design Services

If you approve your preview and decide to move forward:

• a.Design Fee: $4,999 one-time fee due upon approval of your preview. This covers custom website design, development, unlimited revisions until launch, domain setup, DNS configuration, and go-live support.
• b.Ownership: Upon payment of the $4,999 design fee, you own your website design. See Section 6 for full details.
• c.Launch: Once revisions are complete and you approve the final design, we launch your website.

2.3 Monthly Service Plans

After launch, optional monthly service plans are available to maintain, support, and improve your website:

• a.Plan Options: Service plans are offered at different tiers with varying features. Plan details and pricing are provided during your consultation.
• b.Commitment Period: All monthly service plans require a twenty-four (24) month commitment.
• c.Auto Renewal: After the initial twenty-four month period, the plan auto-renews on a month-to-month basis unless cancelled with 30 days notice.
• d.Billing: You authorize recurring monthly charges to the payment method you provide to Stripe.
• e.No Service Plan: If you choose not to enroll in a monthly service plan, you are responsible for your own hosting, maintenance, security, and updates after launch.

3. Payment Terms

3.1 No Upfront Fee for Preview

The Company does not charge an upfront fee for the website preview.

3.2 Design Fee Payment

• a.The $4,999 design fee is due upon approval of your preview.
• b.Once payment is received, the Company will continue refining your website until you approve the final design for launch.

3.3 Monthly Service Plan Activation

• a.Monthly service billing begins after your website launches and you activate a service plan.
• b.Once activated, the Company will provide ongoing services as outlined in your selected plan.

3.4 Late Payments

• a.Payments more than ten days overdue may result in suspension of services.
• b.A late fee of $25 may apply to failed payment attempts.
• c.Accounts more than thirty days overdue may be terminated and the website may be taken offline from Company servers.

3.5 No Refunds

The $4,999 design fee is non-refundable once work has begun on your website. Monthly service plan fees are non-refundable once charged.

3.6 Chargebacks and Payment Disputes

• a.You agree to contact the Company directly at team@raineydentalpartners.com to resolve any billing disputes before initiating a chargeback or payment dispute with your bank or credit card company.
• b.If you initiate a chargeback or payment dispute for services that have been delivered, you agree that this constitutes a breach of these Terms.
• c.In the event of a chargeback for services rendered, you agree to pay all costs associated with the dispute, including but not limited to: chargeback fees, administrative costs, collection costs, and reasonable attorney's fees.
• d.The Company reserves the right to suspend all services immediately upon receiving notice of a chargeback and to pursue collection of all amounts owed, including remaining balances under any service plan commitment.
• e.You acknowledge that by approving your preview and submitting payment, you are confirming that services have been satisfactorily initiated and that the charge is authorized.

4. Free Preview Usage Restrictions

4.1 No Obligation to Launch

You may decline the preview at no cost. If you decide not to proceed after your free preview, you owe nothing.

4.2 Restrictions on Use

If you choose not to pay the design fee:

• a.You may not use, copy, recreate, screenshot, or publish any part of the preview.
• b.All preview materials are the exclusive property of the Company.
• c.The Company may reuse any preview concepts for other clients.

Unauthorized use of preview materials may result in legal action.

5. Client Responsibilities

5.1 Information Provision

You agree to provide accurate practice information, branding assets including logos and photos, service information, domain access credentials, and any additional materials requested to complete your website.

5.2 Timely Response

• a.You agree to respond to Company communications within fourteen days.
• b.Projects inactive for more than thirty days due to lack of response may be considered abandoned.

5.3 Content Accuracy

You are solely responsible for the accuracy, legality, and appropriateness of all content you provide. You represent that you have the rights to all materials you supply.

5.4 Edits and Updates

During the design process (before launch):

Unlimited revisions are included until you approve the final design.

After launch (with monthly service plan):

Edit allowances depend on your selected service plan. Plan details are provided during your consultation.

Edits do not include:

• • Complete redesigns
• • Complex functionality
• • Advanced integrations
• • New features requiring significant development work

The Company will determine what qualifies as a reasonable edit versus a new project.

6. Intellectual Property and Ownership

6.1 Website Ownership

Upon payment of the $4,999 design fee:

• a.Full ownership of your custom website design, layouts, graphics, and code transfers to you.
• b.Export files will be provided at no cost upon request.
• c.Proprietary Company tools, frameworks, or systems used to build or host your site are not included in the ownership transfer.

6.2 Ownership Without Monthly Service Plan

If you do not enroll in a monthly service plan:

• a.You own your website and are responsible for hosting it elsewhere.
• b.The Company will provide export files and reasonable assistance with migration.
• c.The Company is not responsible for your website after migration is complete.

6.3 Client Content

You retain ownership of all content you provide. You grant the Company a license to use your content solely for creating and maintaining your website.

6.4 Third Party Elements

Certain design elements may require third party licensing which may become the Client's responsibility after ownership transfer.

7. Website Access and Control

7.1 Login Credentials

The Company may provide login credentials for content management. You are responsible for maintaining the security of your login information.

7.2 Hosting Control

If enrolled in a monthly service plan, your website is hosted on Company managed servers or Company designated hosting providers. You do not receive direct server access while on a service plan.

7.3 Domain Ownership

You retain ownership of any domain you provide. If the Company registers a domain on your behalf, you are the legal owner. The Company may manage DNS settings while providing services.

8. Limitations of Liability and Disclaimers

8.1 Website Performance

The Company strives to provide reliable, fast, and secure websites but does not guarantee:

• • Continuous uptime
• • Error-free performance
• • Specific search engine rankings
• • Lead generation or patient acquisition

8.2 Accessibility Compliance

The Company does not guarantee full ADA compliance or full WCAG compliance. Clients are responsible for ensuring that their website meets all applicable accessibility requirements. Clients may request accessibility audits or remediation as separate services.

8.3 HIPAA and Regulatory Compliance

The Company does not guarantee compliance with HIPAA, state dental board regulations, advertising laws, privacy laws, or other regulatory standards. You are solely responsible for ensuring your content and practice claims comply with all applicable legal requirements.

8.4 Third Party Services

Your website may integrate with third party services including scheduling tools, analytics platforms, and payment processors. The Company is not responsible for outages, data issues, or performance failures related to third party providers.

8.5 Security

Although the Company uses reasonable security measures, it does not guarantee that your website will be free from hacking, malware, or security breaches. You are responsible for maintaining secure passwords and access controls.

8.6 Limitation of Damages

To the maximum extent permitted by law:

• • The Company's total liability is limited to the fees paid by the Client in the twelve months preceding any claim
• • The Company is not liable for indirect, incidental, consequential, special, or punitive damages including lost profits or lost data

9. Warranties Disclaimer

All services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.

10. Indemnification

You agree to indemnify and hold harmless the Company and its employees, contractors, and agents from any claims or liabilities arising from:

• • Content you provide
• • Legal or regulatory non compliance
• • Misuse of the website
• • Violations of these Terms
• • Third party claims related to accessibility, content, or intellectual property

11. Cancellation and Termination

11.1 Design Fee

The $4,999 design fee is non-refundable once work has begun on your website. If you decide not to proceed after your free preview, you owe nothing.

11.2 Monthly Service Plan Cancellation

• a.Monthly service plans require a twenty-four (24) month commitment.
• b.If you cancel before completing the twenty-four month period, the remaining balance for all unpaid months is due immediately.
• c.After the initial twenty-four months, you may cancel with 30 days notice before your next billing date.

11.3 Non-Payment

• a.If payment fails and is not resolved within thirty (30) days, your service plan will be terminated.
• b.Upon termination for non-payment, you have thirty (30) days to migrate your website to your own hosting provider.
• c.The Company will provide export files upon request.
• d.After the thirty (30) day migration period, your website will be taken offline from Company servers.
• e.You retain ownership of your website regardless of payment status, as ownership transferred upon payment of the $4,999 design fee.

11.4 Termination by Company

The Company may suspend or terminate service for non-payment, violation of these Terms, unlawful activity, abusive behavior toward staff, or if required by law.

12. Changes to Services and Pricing

• a.The $4,999 design fee is fixed at the time of your purchase.
• b.Monthly service plan pricing remains fixed during your twenty-four month commitment period.
• c.Renewal pricing may change with sixty days notice.
• d.The Company may update services or these Terms as needed.
• e.Continued use of services after updates constitutes acceptance of the revised Terms.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of Texas.

13.2 Dispute Resolution

You agree to attempt informal resolution by contacting team@raineydentalpartners.com before pursuing formal legal remedies.

13.3 Severability

If any provision is found invalid, the remaining provisions remain in effect.

13.4 Entire Agreement

These Terms constitute the entire agreement between the Client and the Company.

13.5 No Waiver

Failure to enforce any provision does not waive the Company's right to enforce it later.

13.6 Assignment

You may not assign your rights without Company approval. The Company may assign its rights at any time.

13.7 Force Majeure

The Company is not liable for delays caused by events outside its reasonable control.

13.8 Independent Contractor

The relationship between the Client and the Company is that of independent contractors.

13.9 Notices

All notices must be sent in writing to team@raineydentalpartners.com.

14. Contact Information

Rainey Dental Partners

Email: team@raineydentalpartners.com

Website: https://raineydentalpartners.com