Terms and Conditions

Effective Date

These Terms and Conditions take effect for each Client on the date the Client activates a subscription through our Stripe payment link. If these Terms are updated in the future, the version in effect on the date of your subscription activation 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, activating a subscription 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 activate a subscription or use our services.

1. Acceptance of Terms

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

1.2 Your activation of the Stripe subscription 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 a complete website preview at no cost.
• b.No payment information is required to request or receive the preview.
• c.The preview is typically delivered within 7 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 activates a paid subscription and authorizes the website to launch.

2.2 Subscription Services

If you approve your preview and activate a subscription:

• a.Monthly Fee: $499 per month for twelve months (the Subscription Period).
• b.Included Services: hosting, security, backups, speed monitoring, analytics, unlimited edits as defined in Section 5.4, content updates, and technical support.
• c.Auto Renewal: After the initial twelve month Subscription Period, the subscription automatically renews for successive twelve month periods unless cancelled prior to renewal.
• d.Billing Start Date: Billing begins only after you approve your preview and activate the subscription via Stripe.
• e.Recurring Billing: You authorize recurring monthly charges to the payment method you provide to Stripe.

3. Payment Terms

3.1 No Upfront Fee

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

3.2 Subscription Activation

• a.Billing begins only after preview approval and subscription activation.
• b.Once activated, the Company is authorized to launch the website and begin monthly service.

3.3 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.

3.4 No Refunds

Monthly subscription fees are non refundable once charged.

4. Free Preview Usage Restrictions

4.1 No Obligation to Launch

You may decline the preview at no cost.

4.2 Restrictions on Use

If you choose not to activate a subscription:

• 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 Unlimited Edits Defined

Unlimited edits include:

• • Text updates
• • Photo changes
• • Content adjustments
• • Minor layout refinements

Unlimited 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.

6. Intellectual Property and Ownership

6.1 During the Subscription Period

All website designs, layouts, graphics, code, and creative materials remain the property of the Company until the Client completes the initial twelve month Subscription Period.

6.2 Ownership After Twelve Months

After the Client completes the initial twelve months of subscription payments:

• a.Full ownership of the website design transfers to the Client.
• b.Export files will be provided at no cost upon request.
• c.Proprietary Company tools, frameworks, or systems are not included in the ownership transfer.

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

During the Subscription Period, your website is hosted on Company managed servers or Company designated hosting providers. You do not receive direct server access during the Subscription Period.

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 during the Subscription Period.

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 which are not included in the subscription.

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 Cancellation by Client

You may cancel your subscription at any time. Cancellation takes effect at the end of your current twelve month Subscription Period.

11.2 Early Cancellation During the Initial Twelve Month Subscription Period

If you cancel before completing the initial twelve months of subscription payments:

• • You do not gain ownership of the website design or any related files
• • No website export or transfer will be provided
• • The website may be taken offline at the end of your final paid billing period
• • You retain ownership of your domain but must repoint it to another host

Ownership is granted only upon full completion of the initial twelve month Subscription Period.

11.3 Cancellation After Completing Twelve Months

Once you complete the initial twelve month Subscription Period:

• • You may cancel your subscription at any time before the start of your next twelve month renewal period
• • Upon cancellation, you receive full ownership of your website design
• • We will provide export files at no cost
• • We will assist with migration to your preferred hosting provider
• • Your website will remain online through the end of your current paid term unless you request earlier removal

If you do not provide notice before renewal, the subscription will automatically renew for another twelve month period and payment for that period will be required.

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.Pricing remains fixed during each twelve month Subscription Period.
• b.Renewal pricing may change with sixty days notice.
• c.The Company may update services or these Terms as needed.
• d.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