Canonical: https://slumberpartysupplies.com/terms-and-conditions/ # Terms and Conditions ### Terms and Agreement for CRM Installation, Setup, and Hosting Services ### Introduction This Agreement outlines the terms and conditions under which Slumberr (“Service Provider”) will provide installation, setup services for Perfex CRM (“Service”), and website services to the client (“Client”). This Agreement includes the acquisition of a software license key for Perfex CRM and the provision of hosting services and website creation and maintenance by Blake Ventures LLC. ### Service Description Slumberr agrees to: Install and set up Perfex CRM on a hosting environment provided by Blake Ventures LLC, ensuring compatibility with Perfex CRM requirements. Acquire a valid license key for Perfex CRM on behalf of the Client. Ensure optimal hosting conditions for the CRM through Blake Ventures LLC. Build a WordPress website using Elementor, including technical page SEO, valued at $3500. Provide hosting services with a commitment to 98%+ server uptime. Offer FREE SSL Security Certificate and FREE Domain renewal through Blake Ventures LLC. Conduct weekly maintenance to repair scripting languages, HTML, broken links, images, and any malfunctioning code or content. Perform weekly script maintenance, plugin updates, caching, and backups, or as immediately needed. Send a monthly Google inquisition report via Google Analytics. Provide monthly client reports on website traffic, backups, uptime, and virus scan. Allow up to two revisions per month. ### Client Responsibilities The Client is responsible for: Providing necessary information and access for Slumberr to perform the installation, setup services, and website services. Ensuring compliance with the terms of the Perfex CRM license and the website services agreement. ### Fees and Payment The Client agrees to pay Slumberr for: The installation and setup service of Perfex CRM.The cost of acquiring a Perfex CRM license key.Hosting and website services as outlined above, provided by Blake Ventures LLC.Hosting fees of $50 per month, which are mandatory. Payment for hosting services will be taken on a subscription basis, with automatic billing occurring on the same day each month. Payment terms for other services will be as per the invoice provided by Slumberr. ### Limitation of Liability Slumberr is responsible for the installation and setup of Perfex CRM and the delivery of website services. Slumberr will not be liable for: Any issues or defects in the Perfex CRM software itself. Further customization or technical support beyond the initial setup service and website services outlined. ### Warranty Slumberr warrants that the installation, setup services, and website services will be performed in a professional and workmanlike manner. Issues directly related to the installation, setup performed by Slumberr, or website services will be addressed without additional charge, provided they are reported within a specified warranty period. ### Termination Either party may terminate this Agreement with written notice if the other party breaches any of its terms and fails to correct the breach within a reasonable period. ### Governing Law This Agreement shall be governed by the laws of [Jurisdiction]. ### Acknowledgment By accepting these terms, the Client acknowledges that they are engaging Slumberr for the services of installing and setting up Perfex CRM, acquiring a Perfex CRM license key on their behalf, and for website services as outlined. Hosting services and website creation and maintenance are provided by Blake Ventures LLC and are subject to the terms and conditions of this Agreement. ### Entire Agreement This document represents the entire agreement between Slumberr and the Client regarding the services described herein and supersedes all prior negotiations, agreements, and understandings. ### Slumber Party Supplies Terms and Agreement These Terms and Conditions are made at the time of purchase by and between Slumber Party Supplies and the customer. ### Parties Slumber Party Supplies, a company incorporated in the State of Florida with a principal place of business located in Central Florida. The customer accessing or purchasing products and services from Slumber Party Supplies. ### Background Slumber Party Supplies is in the business of selling personal slumber party supplies and related training materials through its website at www.slumberpsrtysupplies.com The Customer wishes to access or purchase products and services from Slumber Party Supplies related to slumber parties. This Agreement sets out the terms and conditions under which the Customer may purchase and use Slumber Party Supplies’s products and services. In consideration of the Customer’s payment of applicable fees and agreement to be bound by the terms herein, Slumber Party Supplies shall provide the Customer with access to or physical delivery of the purchased products and services. ### Definitions Products means the personal slumber party supplies and related training materials offered for sale on the Slumber Party Supplies website. Customer means the person agreeing to these terms and accessing or purchasing Products from Slumber Party Supplies. Products/Services. The Products purchased by the Customer include [list of products] in the format of [physical/digital]. The Company shall provide the Products to the Customer together with access to the related training materials and services described on the Company’s website. Permitted Use. The Customer is granted a limited, non-exclusive, non-transferable license to use the Products for personal, non-commercial use only. This includes use for private parties and events. Prohibited Use. The Customer shall not use the Products for commercial purposes, including resale or redistribution of the Products or parts thereof. The Customer shall not modify, copy, publish, transmit, distribute or otherwise exploit the Products without the Company’s prior written consent. Warranties. The Company warrants that the Products will perform substantially in accordance with any description for 90 days following delivery. This warranty is the Customer’s sole and exclusive remedy. Disclaimer. Except as expressly provided herein, the Products are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Compensation Pricing. All prices for Products and Services are listed on the Slumber Party Supplies website and are subject to change at any time, with thirty (30) days’ notice. Payment Terms. Payment for all digital Products must be made in full prior to access being granted. Payment for all physical Products must be made in full prior to shipment. Late Fees. Any invoices not paid within thirty (30) days of the invoice date shall be subject to a late fee of one and one-half percent (1.5%) per month on the overdue balance, or the maximum permitted by law, whichever is lower, until paid in full. Taxes. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Customer. Customer shall be responsible for all such taxes, duties, and charges. Currency. Unless otherwise expressly provided in the invoice, all amounts are stated, payable, and shall be paid in United States dollars (USD). Refunds. All sales are final and no refunds will be provided, except as required by applicable law. ### Confidentiality Confidential Information. Confidential Information includes all non-public information designated as confidential, trade secrets, business plans, strategies, customer/supplier lists, pricing, technical information, financial information, product plans and marketing plans of either party, whether or not marked or designated as Confidential Information. Obligation of Confidentiality. The receiving party shall maintain all Confidential Information in strict confidence and shall not disclose any Confidential Information to any third party without the disclosing party’s prior written consent. The receiving party shall protect the Confidential Information from unauthorized dissemination by using the same degree of care as it takes to protect its own confidential information, but in no event less than reasonable care. Permitted Disclosures. The receiving party may disclose Confidential Information to its representatives, advisors, and affiliates who have a need to know, provided that such parties are bound by confidentiality obligations at least as restrictive as those contained herein. Compelled Disclosures. If the receiving party is compelled to disclose Confidential Information by law or court order, it shall provide prompt written notice to the disclosing party, if legally permitted, and reasonable assistance in seeking confidential treatment or a protective order. Remedies. The receiving party acknowledges that breach of this Section 4 would cause irreparable harm to the disclosing party, the damages for which may be difficult to determine or inadequate. Accordingly, the receiving party agrees that the disclosing party shall have the right to seek injunctive relief against such breach, in addition to all other applicable rights and remedies. Return of Confidential Information. Upon the written request of the disclosing party, the receiving party shall promptly return or destroy all Confidential Information and shall certify in writing that it has fully complied with this obligation. ### Intellectual Property Ownership of Intellectual Property Rights. Slumber Party Supplies owns all right, title and interest, including all intellectual property rights, in and to the Products and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Products. Restrictions on Use. Customer may use the Products only for Customer’s personal, non-commercial use and shall not reproduce, distribute, modify, publish, sublicense, or otherwise transfer or use the Products except as expressly permitted in this Agreement. Restrictions on Copying. Customer may not copy or reproduce the Products except for one backup copy, provided any copy must contain all of the original proprietary notices and legends that appear on or in the Products. Restrictions on Resale or Redistribution. Customer shall not resell, redistribute, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, display, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Products to human-readable form. Breach. Any breach of this Section 5 shall result in the immediate termination of this Agreement without notice. In the event of termination due to a breach of this Section, Customer shall destroy all copies of the Products and certify in writing to Slumber Party Supplies that such destruction has occurred. ### Warranties and Representations ### Warranties by Slumber Party Supplies Slumber Party Supplies warrants that the products will be as described on the website/marketing materials. Slumber Party Supplies provides no other warranties express or implied regarding the products. No warranty is provided that the products will meet Customer’s individual needs. Warranty is limited to replacement of defective products or refund of purchase price at Slumber Party Supplies discretion. ### Warranties by Customer Customer has authority to enter agreement and is not breaching any other agreements. Customer will use products only for permitted purposes under this agreement and not exploit the intellectual property. ### Disclaimer of other warranties Except as expressly provided above, both parties provide the products/services “as is” without any other warranties or conditions, whether express or implied. All implied warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed. ### Limitation of Liability Exclusion of indirect/consequential damages. The Company shall not be liable for any indirect, consequential, punitive, incidental or special damages arising out of this agreement, including but not limited to loss of profit, revenue, production, or use, incurred by the Customer or any third party, whether in an action in contract or tort. Cap on direct damages. The Company’s maximum aggregate liability for any direct damages arising out of this agreement shall be limited to the total amounts paid by the Customer under this agreement in the 12 months preceding the date the cause of action arose. Disclaimer of warranties. All implied warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, are excluded from this agreement. The Products and services are provided on an “as is” basis. Exceptions. The limitations in clause 7.1 and 7.2 shall not apply to liability arising from breach of confidentiality obligations, infringement of intellectual property rights, or death or personal injury caused by negligence. ### Indemnification Indemnification. The Customer shall indemnify, defend and hold harmless Slumber Party Supplies from and against any and all claims, lawsuits, demands, causes of action, damages, losses, government proceedings, liabilities and expenses of any kind (including attorney fees), whether known or unknown, which Slumber Party Supplies may suffer or incur arising from the Customer’s use of the Products, breach of this Agreement, negligence or willful misconduct. Source of Claims. The Customer’s indemnification obligations under Section 8.1 apply to any claims arising from the matters referred to in that section. Defense. The Customer shall relinquish control of the defense to Slumber Party Supplies for claims subject to indemnification by the Customer and reimburse Slumber Party Supplies for all costs and expenses related to the defense. The Customer shall not settle any such claim without the prior written consent of Slumber Party Supplies. Cooperation. The Customer shall fully cooperate with Slumber Party Supplies in the defense of any claim that is subject to this indemnification provision. Survival. The indemnification obligations contained in this Section 8 shall survive the termination of this Agreement. ### Termination Upon termination of this Agreement: the Customer’s right to access or use any digital Products or services shall cease immediately; and the Customer must promptly return to the Company or destroy all copies of materials containing the Company’s Confidential Information and Intellectual Property. ### Dispute Resolution Choice of Forum. Any dispute arising out of or relating to this Agreement, including its interpretation, performance, or breach, shall be brought exclusively in the state or federal courts located in polk county, Florida. Choice of Law. This Agreement and any disputes will be governed by the laws of Florida, without regard to conflict of law provisions. Arbitration. As an alternative to litigation, the parties may agree to binding arbitration. Administration of Arbitration. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. Location. If arbitration is chosen, the arbitration will take place in Polk county, Florida. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreement or understanding. Amendment. The failure by either party to exercise any right or remedy will not constitute a waiver of such right. By purchasing any of our products and checking the terms box you are signing this agreement. Slumber Party Supplies is not responsible for any of your business ventures. What you choose to do with our training knowledge you learn is up to you to market and sell. We don’t run your business. YOU run your business. We can’t make decisions for you. You are responsible for ganiging the insurance and state guidelines you need in your state.