Effective Date: 7/12/2023
Last Updated: 2/5/2024

This Purchase Agreement (“Agreement”) is between Luna Bug, LLC dba Simple Solution Website (“We” or “Us” or “Our”) and the purchaser (“You” or “Your”). This Agreement is the entire agreement between the parties.

Terms and Conditions:

1. The term of this Agreement (“Term”) begins at the date & time of Your purchase of a Simple Solution Website (“Project Website”) and will end when terminated as described below.
2. Upon termination, for any reason, the Project Website will be deleted and removed from the Internet without further obligation and/or notice to You.
3. You may terminate this Agreement:
   1. This Agreement will automatically be terminated at the end of the trial period if you have not added a payment method to the simplesolutionwebsite.com Portal Account page.
   2. You may terminate this Agreement by canceling your monthly subscription on the simplesolutionwebsite.com Portal Account page.
4. We may terminate this Agreement:
   1. If your credit card is denied after 7 days. During these 7 days, we will make 5 attempts to renew your monthly subscription. You will receive an email after each attempt.
   2. We may terminate this Agreement with a 30-day written notice to you.

Project Website:

5. The Project Website consists of all of its content, including its copy and images, its coding, and any stylized design, including logos and design phrases, work files, programming and system coding, content management system files, and eCommerce system files.
6. Project Website will be an exact copy of the site selected at the time of purchase.
7. The Project Website will include a link in the footer to Our homepage in the form: Managed with ? by SimpleSolutionWebsite.com. We reserve the right to change this verbiage at any time, without notice.
8. If You or an agent of Yours other than Us attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed on Our hourly rate; with a one-hour minimum charge.
9. You will have full “Administrator” access to the Project Website which will allow You to change the design and/or add/edit any pages, products, blogs, FAQs, etc. You will not have access to add new plugins or themes. However, such may be requested by contacting Our support team.

Limit of Liability for Content:

10. You agree that the business idea, website, and undertaking of Your business is lawful in the State in which You are located AND under federal law, including copyright, patent and trademark law.
11. We shall not be held responsible by any person or organization, including You to verify any of the materials, images or information contained within Project Website and shall not be responsible for the content or performance of these sites or for Your transactions with them.
12. You agree that any material published will not contain anything leading to an abusive or unethical use. Abusive and unethical materials uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. If such materials are determined to exist on the Project Website, then we reserve the right to unpublish the Project Website without notice to You. If the Project Website is unpublished by Us because of content, your recurring subscription will be cancelled and you will not be eligible for any refund of the current month’s subscription. You hereby agree to indemnify and hold harmless Us from any claim resulting from Your publication of material or use of those materials.
13. You warrant to the best of your knowledge and belief that the content and materials published, or supplied to Us to publish, for the purposes of the Project Website are not blasphemous, defamatory or obscene and do not breach any applicable law or regulation.
14. You agree that you are responsible for complying with the laws, taxes, and tariffs related to eCommerce, and will hold harmless Us from any claim arising from Your use of eCommerce. You further understand that We cannot and do not provide legal or tax advice.

Indemnities and Limitation of Liability:

15. Neither party shall be liable to the other under this Agreement in contract, tort, or otherwise (including negligence) for pre-contract representations or other terms not specifically contained herein.
16. You acknowledge that it is for You to ensure that the resulting Project Website does not infringe the laws of any jurisdiction within which it is actively promoted.
17. Nothing in this Agreement shall be construed as a promise by Us for any particular business success due to the Project Website and, accordingly, under no circumstances shall We be liable for loss of business, loss of sales, either past, present or prospective, or any other consequential damages, costs or fees.

Website Hosting and Maintenance:

18. Nothing in this Agreement shall be construed to render Us liable for the hacking or breaking of Your site; rather, We will use our best efforts to prevent such occurrence but shall not be liable for such events.
19. We shall not be liable for hosting errors caused by the hosting company or downtime experienced by the hosting company.

Recurring Payments; Late Payments:

20. Subscription payments are processed on the same day every month.
21. If the subscription payment fails, We shall notify You of its default by email.
22. We will continue to attempt collection for 7 days, after which, this agreement will be terminated.

Default; Remedies:

23. In the event We are unable to continue this Agreement due to catastrophic illness, death or other act of god, not just temporarily, but permanently, You are responsible for transferring the Project Website to another host.
24. We herein accept no responsibility for the success of Your business operations, sales, or profitability, whether or not such is claimed to be tied directly to the operation of the Project Website.
25. Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute. If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other.

Intellectual Property Rights:

26. You undertake to secure all copyright and any other appropriate licenses, clearance or consents where required for the content and materials to be incorporated into the Project Website by Us.
27. Neither party shall make any claim to the other party’s content, materials or services during or after the expiration of this Agreement. Neither party shall make any claim to the other party’s trademarks or register or cause to be registered or apply for a materially similar trademark or imitation of a trademark during or after the expiration of this Agreement. Neither party shall register nor cause to be registered any company name materially similar to that of the other party.

Additional Terms:

28. Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
29. It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
30. This Agreement shall be interpreted, construed, and enforced in accordance with Florida law and shall be subject to the exclusive jurisdiction of the courts of Florida.