* See “Satisfaction Guarantee” Terms

The following terms and conditions apply to all of our projects, packages, designs and subscriptions.  Please read this document carefully as it is included by reference as part of our contract with you when you purchase any of our products and/or services.  If you do not understand and agree with our Terms and Conditions below, please get clarification prior to making any purchases from Prosperity Web Solutions.  A purchase from Prosperity Web Solutions indicates that you have read, accept and agree with the following Terms and Conditions.

Service Provider

Prosperity Website Solutions is the Website Services and Digital Marketing Division of Top Tier Business Systems, LLC.  Prosperity Website Solutions, herein also mentioned as “We”, “Us”, “Our” and “Prosperity Web” provides complete online solutions to businesses and organizations, including Web design, Search Engine Optimization (SEO) and Marketing (SEM), Social Media Marketing (SMM), GeoTarget and GeoFence marketing, content development, consulting, e-commerce services, hosting and management packages, domain names, logo design, and more through our in-house services and our affiliated network of partners.

We want your website experience to be exciting, productive, affordable, and beneficial to you.  Our mission is to customize an effective online solution that meets your needs today while providing the flexibility to expand it as your needs evolve tomorrow.  We believe you will find our rates are modest in an “apples-to-apples” comparison with any competing bids for your project, and we anticipate you will find the quality of our work and personal level of service to be exceptional.

Lastly, we want to thank you for your confidence and your interest in Prosperity Web.  We look forward to working with you, collaboratively and synergistically contributing as a partner in your online success!

Third-Party Software and Licensing

Copyrights for licensed items remain with the respective authors.  Licenses for items procured by Prosperity Web Solutions remain assigned to Prosperity Web Solutions. Migrating your website from Prosperity Web Solutions hosting service to another web hosting provider may require you to replace (purchase) individual licenses to retain your website’s functionality on a third-party’s hosting server.

Third-Party Services and Functionality

Prosperity Web Solutions uses third-party service providers to augment website functionality which may be included in your particular website design.  Such third-party services and functionality include (but are not limited to) Americans with Disabilities Act (ADA) compliance, online maps, store locators, e-commerce, web analytics, anti-spam protection, AI chatbots, lead generation and customer resource management (CRM), website backups, and more.  From time to time, one or more of our third-party providers may experience temporary service interruptions which may impact your website’s functionality.  In worst cases, a third-party service provider may discontinue services and/or support for their functionality, widgets, etc.

When Prosperity Web Solutions becomes aware of any instance where a third-party service provider has an interruption (temporary or permanent) of the services they provide to your website, we will attempt to resolve the situation with the third-party provider in a reasonable time.  If we are unable to remedy the situation with the provider for your website, we will seek alternative provider(s) to provide the same or substantially similar services.  There may be a temporary gap in service coverage during the time of service interruption for a particular website function or service while a solution is sought.

If no solution or alternative provider is available to satisfy the functionality impacted, then the specific functionality impacted will be discontinued (removed) from your website and/or hosting package due to circumstances beyond our control.  Your agreement to these Terms of Service, purchasing a website, and using our hosting services are expressly conditioned upon your agreement to hold harmless Prosperity Web Solutions (Jobber Designs) from such discontinuation of third-party services and functionality, and any liability or consequences thereof.

Automatic Payments Appearing on Your Statement

Annual website hosting subscriptions; monthly Search Engine Marketing (SEM) services (if selected); and annual recurring charges such as domain renewals, etc. will be automatically billed to your credit card.   Credit card payments will appear on your statement as “Top Tier Business Systems”.

Payment Method Account Changes

All changes to automated monthly payment methods must be made in writing via a Prosperity Web Solutions Payment Authorization Form.

Declined Payments and Chargebacks

Please keep your billing method current and up-to-date, which includes updating the expiration date of any credit card on file for automated billing.

NSF and Service Fees: Declined credit card payments or Non-Sufficient Funds (NSF) checks/bank drafts will incur a fee of $25 per incident to offset administrative time and transaction fees charged to Prosperity Web Solutions for declined transactions.  This includes payments that decline due to expired credit cards, over-limit charges, or card numbers that have been replaced due to being reported lost or stolen.  The automated billing system for hosting and ongoing marketing will still attempt to process the transaction using the information on file.

Chargebacks:  If you dispute a credit card charge or bank draft transaction due to your oversight, negligence, or error, you agree to reimburse Prosperity Web Solutions for any chargeback fees that result, and you agree to reinstitute payment for services rendered or contracted which you charged back.

Hourly Rates for Project Work

Our hourly rates are subject to change without notice.  Project pricing and hourly rates specific to the Scope of work for your project are guaranteed to remain as quoted herein through the completion of your project.  The hourly rates quoted for additional (future) work after your project’s completion are not guaranteed in perpetuity and may change (increase or decrease) in response to market demands.

Support Services and Training

Technical support to troubleshoot, diagnose and configure client-side applications, third-party software, email and content setup or migration from third-party servers (including email setup on computers and mobile devices), customer training, etc. is not included in the scope of work for custom-design projects or TIER Packages.

Content for Your Website

Content for custom-designs or customized TIER Packages must be provided to us prior to the start of your project to ensure timely completion.  Delays in delivery of content, and changes or additions to content while the project is in development may result in delays in project delivery.

1. Acceptable Forms of Content Delivery: Content should be provided in digital/electronic format, and appropriately represent the information to be displayed on your website.  We will use the content you provide as-is without adjustment unless you specifically contract us (hourly rates apply) to copy-edit or proofread the material.  Information you provide to us after your project starts, or information that you change/modify after pages have been developed may incur additional hourly fees if rework is necessary to make adjustments.
2. Transferred or Otherwise Copied Content:  When website content is being copied or transferred to Prosperity Web Solutions from another hosting account provider or any other source, you assume all responsibility for content that may be rights-managed in accordance with the Legal Waivers, Disclaimers, Limits of Liability, and Durability section of this Agreement.

Damaged or Missing Content:  When transferring a website to Prosperity Web Solutions from a third-party hosting service provider, Prosperity Web Solutions is not responsible for correcting damaged or missing content from the third-party hosting service provider.  Examples of damaged or missing content include, but are not limited to, broken links, corrupted files, proprietary code, incorrect affiliate links, and other such materials that are not readily available or cannot be obtained from the third-party service provider.

Transfer of Erroneous Content:  If your website is being transferred to Prosperity Web Solutions hosting without specifically including copy editing services in the Scope of Work Agreement, Prosperity Web Solutions is not responsible for typographical errors, layout errors, typesetting errors, grammar errors, spelling errors, affiliate link errors, missing links, or any other errors and/or omissions transferred from source documents and files.

Ongoing Monthly Search Engine Marketing (SEM) Work

Search engines each utilize different algorithms that often change multiple times per month.  Search service companies periodically publish guidelines and updates for what they individually consider ethical and industry “best practices”.  As the guidelines change, and depending on market response, keyword research, and other technical factors, your search engine marketing strategy will continually be adjusted and evolving.

If Search Engine Marketing is selected, Prosperity Web Solutions monitors your website traffic and evaluates analytical data to determine the effectiveness of your organic and/or pay-per-click marketing campaigns.  The distribution of funds for marketing efforts may be reallocated monthly towards different combinations of blog posts, articles, link campaigns, Google Ads, professional networking, social networking, and other resources from month to month in order to achieve an optimal impact for your website’s natural and subscribed search engine positions, as applicable.

From time to time, Prosperity Web Solutions may recommend adjustments to your overall monthly SEM budget (increase or decrease) based on 1) results achieved from their efforts, and 2) your marketing goals as they relate to your website’s traffic.

Website Hosting Billing and Storage Space

Website hosting is billed annually.  Web server hosting storage space for files and emails can be added for $3 monthly per gigabyte, billed annually on a pro-rated basis to coincide with your regular ongoing hosting charges or TIER Package subscription charges.

Legal Waivers, Disclaimers, Limits of Liability, and Durability

The following Waivers, Disclaimers, and Limits of Liability are in effect due to 1) the widespread and far reaching linkable and attainable content digitally available via the Internet, 2) our inability to control and monitor such content, 3) our inability to certify or verify rights managed content provided to us by our clients with regard to their website’s development, and 4) the ability for our clients to make changes and additions to their own website content themselves, or through third-party applications and services beyond our control.

You agree to indemnify and hold harmless Prosperity Web Solutions, our strategic partners, and our assigns, from, but not limited to, legal action and any associated attorney’s costs, court fees and associated expenses as follows herein.

Disclaimer of Warranty

Prosperity Web Solutions disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, operability, and/or availability of information or material displayed on your website or hosting service.  Additionally, Prosperity Web Solutions disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.  Further, Prosperity Web Solutions disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through your website or any other website.

Prosperity Web Solutions’ services are provided “as is”, with no warranties whatsoever. Prosperity Web Solutions disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Additionally, Prosperity Web Solutions disclaims any warranties regarding the security, reliability, timeliness, and performance of all hosting, merchant account, consultant, and other service providers related to support, performance, and functionality of your website. Further, Prosperity Web Solutions disclaims any warranties for any information or advice obtained through or advertised related to the hosting, merchant account, consultant, and any other service or services, as well as for any information or advice received through any links provided in or by such services.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. If any portion of the Disclaimer of Warranties paragraphs do not apply to you because they are not allowed by law, the remaining portions of the Disclaimer of Warranty paragraphs which are allowable by law remain in full force and effect.  You also may have other rights that vary from state to state and jurisdiction to jurisdiction.

In states where exclusion of implied warranties is not allowed, and/or in any situation not covered elsewhere herein where damages may otherwise be awarded, you agree that the total maximum amount for damages awarded will be limited to the actual monies you have paid to Prosperity Web Solutions.

Limitation of Liability

Under no circumstances shall Prosperity Web Solutions be liable to any customer or user on account of that individual’s use or misuse of, or reliance on, the hosting, merchant account, or other third-party services associated with your website or provided to you.  Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Prosperity Web Solutions has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of, and reliance on, such services, from inability to use such services, or the interruption, suspension, or termination of such services (including such damages incurred by third parties).  You hold Prosperity Web Solutions, its officers, directors, employees, subcontractors, strategic partners, and other assigns harmless from any and all errors, omissions, and/or damages that may relate to services rendered or content contained on or within your website, as well as from any marketing efforts related to or incidental to the promotion of your website.

Your AMSOIL Dealership is subject to the rules and regulations imposed by a third-party, AMSOIL corporation.  Prosperity Web Solutions (Jobber Designs) may reasonably not be aware of such rules and regulations due to the proprietary nature of your binding contract with AMSOIL corporation, updates to such rules, etc.  As a condition to performing our duty in building your web presence and/or marketing your web presence on the Internet, you agree that you are ultimately responsible for your web presence’s content and ensuring that such content and marketing of your web presence is compliant with all current rules and regulations your AMSOIL Dealership is subjected to follow.  Therefore, to ensure your web presence’s compliance with AMSOIL’s policies, you agree to review all web content and marketing work performed by Prosperity Web Solutions representing or promoting your AMSOIL Dealership, and to notify Prosperity Web Solutions in writing (by trackable means) of any necessary adjustments or corrections within ten (10) days of implementation.  Likewise, you agree to indemnify and hold harmless Prosperity Web Solutions from any harm or injury to your AMSOIL Dealership business resulting from violations, sanctions, or other consequences imposed by AMSOIL corporate on your business.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.  If any portion of the Limitation of Liability paragraph does not apply to you because they are not allowed by law, the remaining portions of the Limitation of Liability paragraph which are allowable by law remain in full force and effect.  You also may have other rights that vary from state to state and jurisdiction to jurisdiction.

In states where exclusion or limitation of liability for incidental or consequential damages is not allowed, and/or in any other case not covered by this Agreement where damages may be awarded, you agree that the total maximum amount for damages awarded will be limited to the actual monies you have paid to Prosperity Web Solutions.

In the event of any dispute arising from the terms or performance in conjunction with this Agreement, you agree to pay all costs and fees including, but not limited to, travel, lodging, per-diem, attorneys, court costs, etc. for yourself incidental to the resolution of such dispute.  If we prevail in such a dispute, you agree to reimburse Top Tier Business Systems LLC (Prosperity Web Solutions/Jobber Designs) for arbitration and court costs, as well as reasonable attorney’s fees assessed to us.

Content Posted on, Linked to, or Linked from Your Website

Your website, the sites displayed in Internet search results, or linked to/from your website may be developed by people or companies over whom Prosperity Web Solutions exercises no control.  We are not responsible and shall not be liable for the artificial intelligence (AI) generated or customer-provided content, listings or advertisements contained in your website.  You are advised and aware that such content may include technical inaccuracies or typographical errors (including within affiliate links) notwithstanding our efforts to eliminate them.

Prosperity Web Solutions does not verify licenses, trademarks, certifications, copyrights and other certified or rights-managed content provided by you or provided to you by other third-parties, and you agree to hold Prosperity Web Solutions harmless of all infractions, breaches, or legal consequences resulting from use or misuse of content posted on your website, including all or any error and/or omissions.  You assume sole, total and complete responsibility for use of all content on your website.  Prosperity Web Solutions does not assume the responsibility of monitoring the use of trademarks, certifications, copyrights, or other rights of third parties.

A search using Internet search tools, resources, or services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive.  Prosperity Web Solutions cannot guarantee that an Internet search will not locate unintended or objectionable content and assumes no responsibility for the content of any website included in search results, including your site.

Content Attribution

Links and content created by Prosperity Web Solutions personnel (and also Prosperity Web Solutions’ subcontractors and assigns) that involve article and blog submissions in conjunction with search engine marketing efforts performed by Prosperity Web Solutions may credit your name, your company, Prosperity Web Solutions or a Prosperity Web Solutions employee, vendor, subcontractor or other assigns as the author or co-author, with content of the written copy to be created at Prosperity Web Solutions’ discretion for search engine promotion and marketing merit.

You may request (in writing) to review such content prior to posting and/or publishing articles and/or blog entries.  Upon your review of written copy content, or in the absence of your written request for review of such content preceding the publication or posting date of such content, you agree to hold harmless Prosperity Web Solutions from any liability, misrepresentation, or damages resulting from article and blog citations.

Liability Waiver for Third-Party Billing by Proxy

Depending on your project’s scope of work and the services you have hired Prosperity Web Solutions to perform on your behalf, it may be necessary for Prosperity Web Solutions to submit your payment card or banking information to third-parties for one-time or recurring services in support of your website’s functionality.  Such third-parties may include, but are not limited to, Google Analytics, Amazon Web Services, various plugin developers, etc.  In the capacity of setting up and performing such services, you agree that Prosperity Web Solutions is acting as your agent, for your convenience, in setting up such payments on your behalf in good faith.  You agree to indemnify, hold harmless, and allow Prosperity Web Solutions to submit your payment account information, as necessary, to such service providers on your behalf in support of fulfilling your project’s scope of work and functionality.

Cancellation of Services

TIER Packages: In fulfillment of our Satisfaction Guarantee, TIER Packages may be cancelled for a full refund of the annual hosting subscription within 15 days.  After 15 days, the hosting subscription is non-refundable but may be discontinued any time prior to the annual renewal billing date.  Setup fees and domain name registration fees are non-refundable.

Custom-Designed Websites and Hosting Services: The specific terms for cancellation and refunds for custom-designed projects are defined in the individual formal project Agreements for those projects.  There are no pro-rated refunds for annual hosting cancellations.  Hosting is non-refundable.

Marketing Services: Marketing often involves upfront fees for ad services, press release publications, etc. as part of building campaigns. Therefore, Search Engine Optimization (SEO), Social Media Marketing (SMM), Search Engine Marketing (SEM), and other marketing services are non-refundable once performance has begun by Prosperity Web Solutions.  Performance often begins before the billing date for each month’s campaign service, therefore Prosperity Web Solutions requires a 30-day advance notice for canceling Marketing Services.  Customer requesting cancellation of marketing within 30 days of the next scheduled billing date will be billed on the upcoming billing date.  Marketing Services are non-refundable.

Durability of Agreement

Prosperity Web Solutions provides services to clients in all 50 states of the United States of America, and internationally.  Individual state laws and laws from country to country vary.  In the event that any clause or section of this Agreement is determined by competent legal authority to be invalid or unlawful, the rest of this Document remains intact and enforceable to the fullest extent of applicable laws.

Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, breach or termination of this agreement, shall be settled by binding arbitration.  The arbitration hearing shall be held in Dauphin County, Pennsylvania.  By entering into this Agreement, you are waiving the right to trial by jury.  Further, you agree that the arbitrator may not consolidate the claims of multiple Prosperity Web Solutions customers and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may grant injunctions or other relief in such dispute or controversy.  The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration.  Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

Terms and Conditions

Top Tier Business Systems LLC
Prosperity Web Solutions
dba JobberDesigns.com
P.O. Box 112
Millerstown, PA  17062

Phone: 717-484-9344
Email: Info@JobberDesigns.com

Privacy Policy