FTC Terms of Use

WEBSITE DEVELOPMENT

Last Revised: January 20, 2020

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These FTC WEBSITE DEVELOPMENT Terms of Use (hereinafter referred to herein as, these "FTC Enterprise Terms") are a legal agreement by and between FTCO. (hereinafter referred to as “FTC” or with "us" or "we") and each user of the FTC Enterprise Services (as defined hereunder) (hereinafter referred to herein as “you” or as a “User” and with “your”) and set forth the terms and conditions that will govern your use of any FTC Enterprise software application functionality or services provided by FTC via it's website (“FTC Enterprise Services”).

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In order to use any FTC Enterprise Services, you must agree to be bound by FTC Terms and these Enterprise Terms. Your purchase, access or use of the FTC Enterprise Services shall constitute Your acceptance of the FTC Terms and acknowledgement.

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FTC Enterprise Services shall constitute a Renewing Paid Service, as such term is defined in FTC Terms. Unless you turn-off the auto-renewal option, such FTC Enterprise Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period). If you wish to disable auto-renewal or cancel your subscription during the first 14 days of your subscription, please contact your dedicated account executive. Later you may turn-off the auto-renewal option at any time.

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Please note that in the event you terminate the FTC Enterprise Services you will remain bound by the FTC Terms.

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1. FTC Website Development Specifications

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1.1 Onboarding Services

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i. FTC Expert Sessions: two 60-minute planning sessions with FTC project expert in order to guide You on best practices and components, website layout design and performance. The sessions will be coordinated by your account manager in accordance with Your and our experts’ availability, and will be held by phone or by video. To the extent required by the applicable expert, we may ask You to fill in a short form in order to assist us to better understand Your business and website goals.

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ii. Site pre-launch review: once Your website is ready to be published, one of our code experts will review your code within 7 business days as of Your request and provide You with a summary report of the main findings. To the extent required, we may ask You to fill in a short form in order to assist Us to better understand Your code goals.

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iii. Security level review: once Your site is ready to be published, one of our security experts will review it within 7 business days as of Your request and provide You with a summary report of the main findings.

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iv. Performance review: once Your site is ready to be published, one of our performance experts will review it within 7 business days as of Your request and provide You with a summary report of the main findings.

1.2 Infrastructure and Technical Services:

i. Dedicated proactive monitoring: we will create a dedicated proactive monitoring channels in our internal systems, which will track down Your site’s unavailability (i.e, a failure to access Your site) on real time.

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ii. Restore your site data: following Your request and depending on the severity of the issue, we will provide You with the ability to recover Your website data up to an hour before in case of data corruption.

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iii. Custom NPM integrations: upon request and within 5 business days, we will customly integrate Your NPM. Please note that in order for Us to integrate Your NPM package, there are some prerequisite requirements Your NPM package must conform that: (a) it is a public NPM package published (and not marked as deprecated) on npmjs.com; (b) it is maintained and last published within the past 12 months; (c)  has more than 500 weekly downloads; (d) can be used for backend purposes, as reasonably determined by Us; and (e) does not include a malicious feature (such as bitcoin miner or webcrawler), as shall be reasonably determined by Us. Also, make sure that Your NPM package was not already rejected.

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iv. Advanced analytics: At Your request and within 7 business days, we will coordinate between You and one of our experts, to build a one-time custom made funnel analytics according to Your business. We will provide You with one Google Data Studio template for Your personal use.

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v. Staging: within 2 business days following Your request, we can manually provide You with a staged URL for public preview of Your latest site changes.

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vi. Auth for members login: In case You wish to integrate Your site member login with Your system users, within 14 business days as of Your request, we will provide You with an Auth option for the authentication and authorization of Your users in order for them to login into your site.

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vii. Monthly report: at the end of each month, we will send You a report, summarizing Your site’s activity. Upon request 

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1.3 Security Services:

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i. Custom DDOS Mitigation: we will take commercially reasonable efforts to customly mitigate Your site’s handling in the event of DDoS, to the extent such mitigation does not adversely affect Us.

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ii. SSL: Within 3 business days as of Your provision to Us of Your SSL certificate keys, we will enable You to secure the transfer of data between you and your website visitors by uploading your custom SSL certificate.  You will be solely responsible for renewing the SSL certificate, upgrading it or otherwise updating it from time to time.

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iii. Annual Security level audit: Once a year and as of the second month of your subscription, You have the right to request a security level audit. The audit will be made within 10 business days as of Your request. This security level audit is in addition to the security level review made onboarding (as further detailed in 1.1.iii above), but is limited to one audit per year.

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1.4 Dedicated Support with direct phone number:

The site owner will receive “Priority Support” services, which will be initiated by contacting us by phoning the dedicated support line provided by us at 760.206.6200 We will do our best to resolve any issue or problem you encounter as soon as possible, however definitive resolutions are subject to the severity level of the problem and our reasonable resources.

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1.5 Professional Consulting Services:

As of the second calendar month of your subscription period, You will be entitled to two sessions of up to one-hour each per calendar month of consulting (code, design, and FTC marketing tools such as SEO, at your choice). The sessions will be coordinated by your account manager in accordance with Your and our experts’ availability, and will be held by phone or by video. Please make sure You are exercising your right to use our professional consulting services.

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2. Your Obligations

In addition to Your obligations under the FTC Terms of Use, You unconditionally guarantee that any elements of text, code, graphics, photos, videos, designs, trademarks or other artwork (the “Content”) furnished to Us during the provision of the consulting services provided by Us hereunder, are owned by You, or that You have the permission and license from the rightful owner to use each, and You hereby grant Us the right to use, demonstrate and review such Content as part of the consulting services. You will further hold harmless, protect and defend Us and our officers, directors, shareholders, employees, affiliates and agents from any claim or suit arising from the use of Content furnished by You. At all times it is Your responsibility to ensure that all Content used on your website has licenses or permission from the right owner of such work. Under no circumstances We will take liability from consequences, whether direct or indirect, that arise from the use of such Content. For the avoidance of doubt the Content shall constitute User Content (as defined in the FTC Terms of Use) and you shall own all intellectual property pertaining to it.

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3. No Warranties or Guarantees

a.  It is hereby specifically reiterated that the provision or use of the FTC Website Development Services and/or any of its derivative features does not guarantee you any profit, revenue, savings, sales, business opportunities or otherwise success.

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b. Security and code reviews are uncertain processes, based on, among others, past experiences, currently available information and resources and known threats. You hereby acknowledge that all information systems, which by their nature are designated by and therefore dependent on human beings, are vulnerable to some degree, and that no software, service or review is 100% reliable. Therefore, You hereby agree there can be no assurance that any of our security or code reviews will identify all possible vulnerabilities or propose exhaustive and operationally viable recommendations to mitigate these exposures.

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c. When reviewing Your site’s security level, code or design, We will form a report on what we have discovered through review of Your site, code, documentation, discussions with You/staff and examination of available evidences. We will exercise reasonable commercial endeavors to provide such report in the limited time and resources available. We provide no warranties with respect to such report other than that we have exercised our reasonable judgement in drawing of conclusions and preparing the review report.

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ANY ACTION YOU TAKE IN CONNECTION WITH A REVIEW REPORT IS AND SHALL REMAIN STRICTLY AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER WITH RESPECT THEREOF.

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d. We provide the FTC Website Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the FTC Website Services (or any part or feature thereof) are complete, error-free, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of Your (or Your End Users’) needs, contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to You or Your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.

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4. Ownership: You, the client, will maintain ownership of the final website design after website project is paid in full. For signups under a promotional rate, FTC will retain ownership of said website for a period of 12months. After the 12 month period. Client will retain full rights to website ownership if subscription account is current and in good standing. FTC retains the right to use the final website, or any versions of the website created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives FTC permission to use client’s full name and /or website address, for testimonial purposes on his/her website, or other business related media.

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5.Payments/Renewals:  To ensure that your site remains live at all times, Premium Plans are set to renew automatically at the end of your subscription period (monthly). If your subscription payment is past 30days delinquent your site will be deactivated until payments are current and subscription is re-activated. 

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​FTC FURTHER DOES NOT MAKE ANY WARRANTY OR GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FTC ENTERPRISE SERVICES, AND NO INFORMATION, REPORT, ADVICE OR SERVICES OBTAINED BY YOU FROM FTC OR THROUGH THE FTC ENTERPRISE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FTC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

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