kinda cringe... while we are a lively little business, we do take things seriously- we hope you do, too! 

by purchasing any of our products you agree to terms of service below... 

(brb, while we get formal 🫠) 

Our full-time staff works hard to deliver your services and may also use carefully selected outside agencies to meet your needs. 

Please make sure you understand all the details involved with us working together. It's really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship.

If you have any questions at all, please let us know. We're happy to clarify any points and there may be some items that we can sort out together. We're committed to finding the best way to work together.

Web

Upon purchase of our website program, you will schedule a 30 minute consultation call with a member of our team. After the call you receive a proposal outlining the scope of your website's development process. Your website project proposal will include all the details discussed on your call, a well as a timeline and pricing breakdown unique to your business needs. 
* We want to clarify that a TLC website is not $50. We charge for our call & proposal delivery because we value our time, and we ask that you do, too. 

Billing 

I understand that our work together begins immediately, and recurring billing begins immediately. Monthly charges will be billed to the credit card provided on your onboarding call one month in advance and will continue until services are terminated.

Delivery 

We will do everything in our power to fulfill and exceed your expectations as we deliver your services! You agree to aid us in doing so by making available to us needed information and to cooperate with us in expediting the work. You agree to aid us in doing so by making available to us needed information and to cooperate with us in expediting the work. You will be contacted within one week or less by The Lively Co. Services activation, onboarding, and implementation begin when all requested and required information is collected in an implementable format.

We will gladly work with you via email, phone calls, Zoom, etc.—whatever works best for you! If information needed to launch, activate, or complete your services is not provided in a reasonable time, accounts and services may be deactivated and no refund will be provided. Projects that go dormant for longer than 45 days may incur a fee to resume work at the discretion of The Lively Co.

Licenses

We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable). You guarantee that all elements of text, images, or other artwork you provide are either owned by yourselves, or that you have permission to use them. When your final payment has cleared, you'll own the visual elements that we create for this project. We'll give you finished files and you should keep them somewhere safe as we're not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them (if applicable).

Change Orders

Requests above and beyond the services listed may be considered out-of-scope and an amendment to the price will be recommended.

Errors

We cannot guarantee that our work will be error-free (we're human!) so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you've advised us of them.

Contract

Services will be provided for a minimum of six months commencing at the signed contract date. If services are discontinued before six months, the outstanding balance is due in full at the time of cancellation. After six months, services continue uninterrupted unless terminated in writing within 15 days of the next billing cycle.

Termination

This Agreement shall become effective as of date received and shall continue for a minimum of 6 months or until terminated by either party upon not less than 15 days' notice in writing given by either party to the other. You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.

Refund Policy

When termination is requested with not less than 15-days written notice, no future recurring billing will occur. No full or partial refunds will be given.

Payment for Non-Cancellable Materials

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account (either specifically or as part of a plan such as modules, photography and/​or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof upon request that any such materials and services are non cancelable.

Default

Either party may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

Recurring Credit Card Authorization 

You are authorizing regularly scheduled charges to your credit card. You will be charged the amount indicated during your onboarding call each billing period. A receipt for each payment will be provided to you and the charge will appear on your credit card statement. You agree that no prior notification will be provided unless the date or amount changes, in which case you will receive notice from us prior to the payment being collected.

You authorize The Lively Co. to charge you Credit Card provided during your onboarding call for any one-time set up costs and recurring monthly payments on the same day of every month for a minimum of 6 months or until terminated.

You understand that this authorization will remain in effect until you cancel it in writing, and you agree to notify The Lively Co. in writing of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date.

You understand that this is a 6 month contract, and if you decide not to continue service at any point during those 6 months, your outstanding balance is due in full at the time of cancellation. 

If the above noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. You acknowledge that the origination of Credit Card transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of the Credit Card provided and will not dispute these scheduled transactions; so long as the transactions correspond to the terms indicated in this authorization form.