Terms and Conditions
Terms and Conditions for Business Kit Subscription
1) Introduction: Our Business Kit Subscription is a customizable package that offers 20 hours of service per month for tasks related to branding, marketing, and information technology. The subscription is designed to help businesses stand out and streamline their processes with expert help. Please visit Www.Hubmark.co/shop/businesskit for the most updated version of our Business Kit
2) Subscription Period: The Business Kit subscription will last for 20 hours of service or 30 days, whichever is sooner. The subscription will automatically renew on a monthly basis unless the client cancels the auto-pay feature.
3) Auto-Renewal: The subscription may auto-renew on a monthly basis unless the client request to cancel the subscription 24 hours in advance. If the client does not cancel, the subscription will automatically renew and the client will be charged for the next month’s subscription.
4) Unused Hubbits: Unused Hubbits do not transfer to the next billing period and will be lost, even if the client is on auto-pay. However, Hubmark reserve the right to provide exceptions at their descretion.
5) Cancellation: To prevent auto-pay, the client must cancel the subscription. Cancellation requests must be made before the next billing period begins.
6) Refunds: Refunds will not be provided for any unused portion of the Business Kit subscription and is governed by our refund policy.
7) Changes to Terms and Conditions: We reserve the right to make changes to these terms and conditions at any time. The client is responsible for reviewing the terms and conditions periodically for any changes.
8) Service Availability: We will strive to provide the services described in the Business Kit subscription, but we cannot guarantee their availability or uninterrupted performance. We may need to change or discontinue some or all of the services at any time and without notice. We are not obligated to commence work until all necessary information and materials are furnished by the client. Our obligation to perform work is limited to our normal business hours, which are Monday to Friday, 9:00 AM to 5:00 PM, and only for client-facing tasks during these hours.
9) Service Quality: We will strive to provide high-quality services to our clients, but we cannot guarantee their performance or that they will meet the client’s expectations. We will use commercially reasonable efforts to correct any errors or issues that arise with the services.
10) Limitation of Liability: We will not be held liable for any damages resulting from the use of the subscription service.
11) Indemnification: The client agrees to indemnify, defend and hold us, and our affiliates, officers, agents, and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the client’s use of the Business Kit subscription services; (ii) the client’s violation of any term of these terms and conditions; or (iii) the client’s violation of any third-party right, including without limitation any copyright, property, or privacy right.
12) Governing Law: These terms and conditions shall be governed by the laws of Jamaica.
13) Dispute Resolution: Any disputes arising from this agreement will be resolved through binding arbitration in accordance with the laws of our company’s jurisdiction.
14) Confidentiality and Data Security: As part of the Business Kit subscription services, we commit to keeping all information and materials provided by our clients confidential and not disclosing them to any third party. This confidentiality obligation will continue even after the termination of the subscription. We prioritize the protection of client data and trust, and will handle it with the utmost care, following strict data security, information security, and confidentiality protocols. We give our assurance that we will not misuse our client’s data/system for gaining a competitive edge or share such information with third-party providers, unless explicitly authorized by the client. Our commitment to maintaining strict confidentiality and adhering to robust data security and information security protocols ensures that client data is safeguarded from unauthorized use or disclosure.
15) Third-Party Services:
The Business Kit subscription services may include links or incorporate third-party services or materials. It’s important to note that we do not have control over, and are not responsible for, the content or performance of any third-party services or materials. We do not endorse or make any warranties or representations regarding the accuracy, legality, or reliability of any third-party services or materials. Clients agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or in connection with their use of any third-party services or materials accessed through the Business Kit subscription services. Clients acknowledge that their use of third-party services or materials is at their own risk and they are solely responsible for reviewing and complying with the terms and privacy policies of such third-party services or materials. In no event shall we be liable for any damages, losses, liabilities, or expenses arising out of or in connection with the use or performance of any third-party services or materials accessed through the Business Kit subscription services, including but not limited to any errors, omissions, interruptions, delays, defects, or inaccuracies in such third-party services or materials. We will automatically create a login for us to access the necessary systems and tools unless otherwise stated by the client.
16) Company information: The Hubmark Company Limited, 2-4 University Grove, Kingston 7, St. Andrew hubbing@hubmark.co, +1 876 – 529 – 0342
17) Effective Date: The effective date of these terms and conditions is April 7, 2023, and they supersede any previous terms and conditions.
18) Payment: Payment for the Business Kit subscription must be made in advance and can be made through our online payment gateway or by bank transfer.
19) Late Payment: If the client does not make the payment on time, we reserve the right to suspend or terminate the service and any work in progress without any liability to the client.
20) Single Company Use: The Business Kit subscription is for the use of one company only and cannot be used for more than one company. Any unauthorized use of the Business Kit subscription by multiple companies will result in immediate termination of the subscription without refund.
21) No Transfer of Rights: The client shall not transfer or sub-license any rights granted under this agreement to any third party without our prior written consent.
22) No Warranty: The Business Kit subscription is provided on an “as is” and “as available” basis. We do not warrant that the subscription will meet the client’s requirements or that it will be error-free.
23) No Guarantee of Results: We do not guarantee any specific results from the use of the Business Kit subscription services. The success of the client’s business is dependent on a variety of factors, many of which are outside of our control.
24) Billing: The client will be billed for all work done, including branding, marketing, and IT plus admin linked to these. Research will only be billed for the first 30 minutes. Meetings such as discovery, training, and writing emails with discovery/requirements etc will also be billed. Any changes or rework requested by the client will also be billed. The billing will be calculated down to the exact second, minute, and hour of work performed, from research to actual delivery. This includes all necessary tasks such as branding, marketing, IT, and administrative tasks associated with these.
25) Intellectual Property: The client acknowledges that any work produced by us as a result of this subscription will be the property of our company and may be used in our portfolio or for promotional purposes. The client will have a non-exclusive, non-transferable license to use the work for the purpose it was intended.
26) Email Addresses and Digital Accounts: The client authorizes Hubmark to create email addresses and digital accounts on behalf of the client in order to execute the work outlined in the Business Kit subscription. The client will be responsible for maintaining the security and confidentiality of any login information associated with these accounts.
27) Communication: The client authorizes Hubmark to send account-related emails, such as invoices and service updates, as well as marketing emails related to our services. The client may opt-out of receiving marketing emails at any time by contacting us
28) Workload: The clients should note that their subscription is designed to provide one hour of service per day for a 20-hour subscription or 5% of the subscription hubbits daily, whether it’s for more than 20 hours or less than 20 hours. We may, at our discretion, provide more than one hour of service in a single day to complete a specific deliverable. Additionally, the client should advise us of any potential increase in their workload at least two business days in advance. This increase must be approved by Hubmark in writing.
29) Entire Agreement: These terms and conditions, along with the subscription agreement, constitute the entire agreement between the client and us with respect to the use of the Business Kit subscription services and supersedes all prior agreements and understandings, whether written or oral.
30) Termination: We reserve the right to terminate the Business Kit subscription, without notice, at any time if the client breaches any of the terms and conditions.
By purchasing a Business Kit subscription, the client agrees to these terms and conditions and acknowledges that they have read, understood, and agreed to be bound by them.