Terms And Conditions
Welcome to Prosper Suite!
The terms and conditions agreement outlines the rules and regulations for the use of Black Mountain Brands, d.o.o. dba Prosper Suite's Website, located at prosper-suite.com and prospersuite.me.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Prosper Suite if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person, company, representative, or associate with an account with Prosper Suite or logged on this website and compliant to the Company’s terms and conditions. "Client Domain" refers to the website url or website address associated with the Client account. "Prosper Suite", "The Company", "PS", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the State of Florida. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Black Mountain Brands, d.o.o. dba Prosper Suite and/or its licensors own the intellectual property rights for all material on Prosper Suite. All intellectual property rights are reserved. You may access this from Prosper Suite for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Prosper Suite
- Sell, rent or sub-license material from Prosper Suite
- Reproduce, duplicate or copy material from Prosper Suite
- Redistribute content from Prosper Suite
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Black Mountain Brands, d.o.o. dba Prosper Suite does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Black Mountain Brands, d.o.o. dba Prosper Suite,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Black Mountain Brands, d.o.o. dba Prosper Suite shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Black Mountain Brands, d.o.o. dba Prosper Suite reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
PS has included their licensed Thrive Themes content builder and digital marketing suite and other premium thirty-party licenses as a part of their prospersuite.me service. If Client leaves their prospersuite.me service, they do not continue to have the right to use any PS licenses and must purchase their own licenses for use with their website data.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Black Mountain Brands, d.o.o. dba Prosper Suite a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking To Our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Black Mountain Brands, d.o.o. dba Prosper Suite; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Black Mountain Brands, d.o.o. dba Prosper Suite. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Black Mountain Brands, d.o.o. dba Prosper Suite's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Service packages, including but not limited to Prosper Suite, Prosper Gold, and Prosper Platinum are defined on the pricing table of the website prosper-suite.com. Upon registration the Client must adhere to the limitations of the package or pay for additional services. PS reserves the right to change the Client package terms at any time with at least 30 days notice and terms may not change prior to the Client renewal period. Client may opt-out of the terms change by canceling their account. If a Client registers under a package, agreement, or policy, then changes their package to include prospersuite.me hosting and services these terms and conditions supersede.
Service And Fees
The Client is hiring PS to for website design and development services for the Client Domain based on the selected service package (“Website”). PS shall provide the service as selected by Client and represented in the Client account based on the pricing table available at prosper-suite.com. All fees must be paid upfront and are non-refundable. Client agrees to set-up a recurring payment plan and maintain an available balance for recurring payment as described in the Client service plan.
Client should expect their website complete three weeks after Client has submitted the entire account profile, including but not limited to their Business Profile, business images, and text content, and approved all the steps required by PS. PS will not refund any payment to a Client who fails to submit the requested content and delays any part of the website process. PS cannot be held liable for any Client caused delay, including but not limited to failure to receive notice because an email landed in their spam folder, Client failed to read an email, or Client overwhelms PS with content and expects PS to parse through files to figure out what to put on the website.
Client must submit all Deliverables, including but not limited to business information, images, and text content, in the Client account area or in a manner described by their PS project manager. Any content delivered after the second week may incur additional service fees. The PS project manager shall provide notification of additional charges, if Client fails to deliver the content within the specified timeframe.
Hosting & Email
PS provides hosting and a limited number of email accounts per service package. PS requires Client to utilize an SSL/TLS security certificate at all times. PS provides an SSL/TLS security certificate at no extra charge.
Website Updates And Emergencies
All Client requested website updates will occur within 5 business days of the request. Any urgent update shall incur additional service fees. PS understands that the Client's website is very important to their business, however, we are not responsible for Client's failure to plan or request an update in a timely manner.
Any content or link error made by PS will be corrected within 24 hours without any fees, if the information or request provided by Client does not contain the error. If the Client provided information or request contains the error, then the Client may choose to use a website change and it will be corrected within 5 business days or pay the additional fees for a change within 24 hours.
PS handles website emergencies and errors within 24 hours. An emergency is defined as website errors, displayed website error messages, loss of a website, and failure to receive email.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Client And PS Promise
Client agrees to provide PS with everything that they need to complete the project including text, images and other information. PS cannot accept Apple proprietary software documents (ex. Pages). Client agrees to review work, provide feedback, and sign-off approval in a timely manner. PS meets deadlines as agreed unless Client is delayed in supplying requested materials in a timely fashion or failed to approve work at any stage. In this instance, PS cannot be held responsible for a missed launch date or deadline. Client and PS will keep in confidence and will not use for their or for any other’s benefit, privileged information about either party’s business which they acquire before, during, or after this agreement; unless required to do so pursuant to any legal proceedings.
Rights Of Ownership
All website content: copy, photographs, graphics, images, etc. made by PS for Client is made and deemed “work made for hire” as defined by U.S. Copyright law for Client. All free or paid licensed work, such as theme, content builder, images, graphics, etc. made by PS, or licensed by PS or Client shall respect the coordinating and appropriate license and copyright.
Exclusivity And Relationship
Nothing contained in this agreement shall constitute a partnership or joint venture by the parties or that either party is an agent of the other. PS works with a range of Clients and sets their own schedule. PS’s work for Client is on a non-exclusive basis. Client shall not set a deadline for PS that is less than ten business days unless PS accepts the assignment based on availability. PS likes to make Clients happy and exceed their expectations, but PS can not please everyone all of the time.
The Client cannot transfer this agreement to anyone else without PS’s permission. This agreement stays in place and needs not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain intact.
If the preparation or completion of the websites is materially hampered, interrupted or prevented due to inclement weather, an act of God, war, riot, civil commotion, fire, casualty, labor dispute, act of any federal, state or local authority, death, disability, default, or for any other reason beyond either party's reasonable control, Both parties shall have the right to suspend this agreement while such event continues. If any suspension hereunder continues for a period of eight (8) weeks or longer, both parties shall have the right, by written notice to terminate this agreement.
Suspension And Termination
In the event of a material breach by either party, both parties may terminate this agreement by giving written notice. Client shall retain the rights in the Copyright paragraph above. If a notice is sent, Client will have 10 business days to pay outstanding debts. In the event of any termination, Client may engage another web team.
Any disputes arising from this contract will be litigated or arbitrated in Clay County, Florida. This agreement shall be governed and construed in accordance with the laws of the State of Florida, USA. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and signed by both parties.
Reservation Of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal Of Links From Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Warranties And Representations
PS guarantees that to the best of their knowledge the work is original and does not infringe the intellectual property of others. PS can't guarantee that the functions contained in any web page, social networking site, or in a website will always be error-free and so PS cannot be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these websites and any other web pages, even if Client advised PS of the possibilities of such damages. Client guarantees that any and all elements of text, graphics, photos, designs, trademarks, or other work that Client provides PS for inclusion in the websites and/ or social networks are either owned by Client or Client has permission to use them. It is Client’s responsibility to do a prior art search for possible inadvertent infringement. Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or PS. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to indemnify and hold harmless PS from any claim resulting from the Client's publication of material or use of those materials. It is also understood that PS will not publish information over the Internet which may be used by another party to harm another. PS will also not develop a gambling, pornography, user-generated content website, or Warez website for the Client. PS reserves the right to determine what is and is not pornography. PS does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. PS is not to be held responsible for the occasional downtime of email or website due to line interruptions and/or other instances beyond PS’s control.
Client agrees that it shall defend, indemnify, save and hold PS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with PS's development of the Client's website. This includes Liabilities asserted against PS, its subcontractors, its agents, its Clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless PS against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or service, or misinformation which is detrimental to another person, organization, or business.
This agreement may be executed in any number of counterparts, transmitted by facsimile, a copy of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of Clay County and the State of Florida courts.
This agreement contains the full and complete understanding between the parties for the referenced services and supersedes all prior and contemptuous written or oral agreements and understandings pertaining hereto, cannot be modified except by a writing signed by each party.
If the foregoing meets with your approval, a registration of an account on prospersuite.me constitutes your countersignature and approval of the entire Terms and Conditions agreement.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.