TizBlog – Terms and Conditions

• TizBlog Terms & Conditions

• TizBlog Setup Guidelines

• The TizBlog WordPress Real Estate Website System -What You Get

• View All Tizish Pre-Designed Styles

Both the terms and conditions and setup guidelines correspond specifically with our Get Started Form.

General Terms and Conditions

Here forward Tizish, LLC. (a.k.a Tizish.com) will be used interchangeably as “Tizish”, “Developer”, “Us”, and “We”. The word “Client” (name on page 1 under Client Information) will be used interchangeably as “You”, “Client”, and “Customer”.

Here forward the word(s) and phrases, “get started form”, “agreement”, “terms and conditions”, are used interchangeably and refer to the same thing; this contract.

By using Tizish’s products, software, services or web sites (“Tizish services”), you agree to the following terms and conditions, and any policies, guidelines, amendments or addendums thereto that may be presented to you from time to time (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement at www.tizish.com/tizblog

Use of Services

Tizish, LLC. (“Tizish”) offer Tizish services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Tizish services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Tizish of any unauthorized use of your password or account or any other breach of security. Tizish cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

Summary:

In short, you are hiring us to provide you with: a web site system, training center access, and hosting on the Tizish server(s). For this plan you will choose a web site Style, which can be found at http://demo.tizish.com, and we’ll set it up so that it is available online using the domain name you provide.

What do both parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project including text, images and other information when we need it and in the format we ask for.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off (if required) on any work at any stage. On top of this we’ll also maintain the confidentiality of any information that you give us.

Choosing A Style

With this plan you are to choose one Style that is currently available on http://demo.tizish.com web site. We’ll create and put together the Style you’ve chosen to have for the look-and-feel, layout, and functionality of your web site.

HTML5 and CSS layout templates

The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 6, this means a universal, typographically focused design but no layout.

We will not test old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at separate fee for any necessary additional design work, development and testing.

Text Content

We’re not responsible for writing any text copy for your website pages. You are responsible for creating the content that appears on your website. This does not refer to the pre-built marketing messages, lead capture buttons, and lead capture pages your TizBlog System gets pre-built with.

In other words, during Setup (before you website is activated live online) you will supply us with text content for each page that you would like to have text content in. This does not mean you will have to provide us the text for any marketing messages and calls to action that we include on graphics we create as part of your design. The text content only refers to the actual body of content for a given page (such as a community page or an about page). This falls under the Setup Guidelines so refer to that section for more details.

Photographs

During Setup and only if you would like a default photo inserted into the Featured image on the home page, you will supply us a high-resolution photograph in digital format. By high-resolution we mean that the photograph is not blurry or unidentifiable if we were to increase or decrease its size.

Changes and Revisions

This plan does not allow for changes or revisions to the website Style/Design, Structure, or functionality. In other words, the Style you choose will be what you get. If you would like to make changes or additions you may do so through the Custom Add-On Addendum.

Third Party or Client Page Modification

After setup Clients will be able to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Plan Agreement. Clients will have access to video tutorials online as well as email and facebook support for questions.

Note however, that if the Client or an agent of the Client other than Tizish attempts to update the site on their own and damages the design or impairs the ability for the Web pages to display or function properly, the time to repair the Web pages will be assessed at the hourly rate of $30.00. There is a one-hour minimum charge.

Website Traffic

Tizish expresses no guarantees as to the amount of business that the website will generate. You agree that Tizish has made no guarantees on the amount of traffic or amount of business the website will generate. This is dependent upon your efforts and work performed such as creating content on your website. Your success online is dependent upon the work you put into it.

The TizBlog WordPress Real Estate Website System – What You Get

An example of our TizBlog System can bee seen online at http://Demo.tizish.com. Items with an asterisk (*) are explained in more detail on our website at http://www.tizish.com/tizblog/

By signing this agreement you agree that you have read through the specific details for all the points with an asterisk (*) outlined below.

WordPress Based System Using The Thesis Theme Built With The Following Features:

• Search Engine Optimization Integration*
• Social Media Integration*
• Analytics Integration*
• RSS Feed Integration
• Local Market Data Integration*
• Email Marketing System Integration*
• IDX Integration*
• Contact Form System*
• Advanced Blog Commenting System With Disqus Integration*
• Extra Sidebar Widgets For Increased Site Functionality*
• Automatic Syndication Of Your Blog Posts To Your Social Media Systems*
• Automatic Database Backup*
• Cache System To Speed Up Site*
• Featured Posts Section At The Top Of Your Homepage*
• Listing Insertion System*
• Google Maps Integration*
• Multiple Blogging Tools To Help With Grammar, Images, Video, Links, Etc*
• Stealth Site Creation System*

Hosting of one domain name on the Tizish server(s)
Email support
Facebook support
Member training center access to the Tizish step-by-step marketing plan and video tutorials

This plan and website system does not include design customization or custom programming work on the part of Tizish. For such work, you will have to complete the Custom Add-On Addendum to specify the work needed.

Upon Activation Client will have access to video tutorial library created by Tizish.

After Website is Setup and Active online, any changes or additions to the website will be performed by Client. If Client would like Tizish to perform changes or additions there will be a separate fee that will be assessed at an hourly rate.

Setup Guidelines (view at www.tizish.com/tizblog/ )

For full details of all the design and content sections of your site that we build during setup, check out www.tizish.com/tizblog/. By signing this agreement you agree that you have read through the specific details that cover how the layout, color scheme, images, content, and contact forms are setup for your Tizblog System at www.tizish.com/tizblog/

Training Center Access Consists of:

• Step by Step Training Tutorials On How To Use Your The TizBlog System. This covers everything from how to post content, images, videos, links, modify your sidebar, contact forms, and more that has to do with the basic “how to” of simply using your TizBlog System.
• Step by Step Marketing Plan. This covers everything you need to know from learning the basic principles of the online marketing systems and strategies to implementing a daily online marketing plan using the systems and strategies you have learned.

Domain Registration and Renewal

It is the responsibility of the Client to secure a domain name and renew the domain name; we do not have record of your renewal dates since you own the domain name.

Hosting and Server Service

Your website will be hosted on the Tizish web server(s). The fee for this is included in the monthly fee. You are allotted up to 1GB of space with your hosting plan under the $55 a month fee. If you are approaching a point to where you will exceed your 1GB space, then we will notify you.

Your options will be to either reduce your space you have built up on the Tizish server or we will charge you $25 a month (on top of the original $55 a month fee) for an additional 1GB amount of space.

Email Service

Tizish does not host or provide email services.

IDX Service

Tizish does not provide IDX services (unless specifically written in the Custom Add-On Addendum and will require separate fees). Otherwise you will use the IDX of your choice and provide the information to Tizish.

Customer Support Process

Customer support is divided into three distinct areas:

• Technical Support – This support is for errors or issues that may arise from the functioning of your website. These have to do with the areas of your website that we built and that you have no control over. This does not at all apply to you not knowing how to use your website system. If you have questions on the operating of your website system then that is considered website support below and not technical support. Technical support is for errors that may occur with your website system itself.
• Website Support – This support is for additional help with the implementation of the tools and features built into your TizBlog System. Our training center covers all of these areas, but if you are still having issues then you will contact us for more support.
• Marketing Support – This support is for additional help with implementing the step-by-step marketing plan we provide you or any additional marketing questions that may come up as you work to increase your online presence.

Technical Support:

It is recommended that you call in (and email) complete details of what is wrong with your TizBlog System if you are experiencing errors. If this happens then we will need to be informed on what you most recently did on your website (so we can diagnose and pinpoint the error). Be sure to have notes handy detailing what actions you took when you noticed the error. Once we receive your technical support inquiry, if your websites performance is hindered then we will resolve the issue immediately within 24 hours. If your technical support issue is not directly affecting your website’s performance then your issue will be resolved within 72 hours.

Website Support:

When you contact us for this support you will first be required to view a video tutorial that shows you how to complete whatever task you are calling in for support on. If you are still having issues or you do not understand the video tutorial then you will have to give us more details on where you are having issues and we will provide you either step by step details via email or a new video tutorial for you to complete it.

Marketing Support:

If you are looking for additional help with your marketing whether they are questions you have come across on your own or by following our step-by-step marketing plan, you have several options for assistance. You can contact us on Facebook and Email for direct help with resolving questions you may have. Or if you would like more detailed marketing support, then it is recommend you email us with a full outline of what you are looking to have help with. Then when the weekly webinars and/or phone conferences occur (dates vary per month), we can tackle your bigger questions. There is no one on one marketing support so take advantage of our marketing support system to get the benefit of one-on-one assistance though Facebook, Email, Webinars, and Phone Conferences.

How We Communicate With You For Support

In general, for most support inquiries we will likely have a video tutorial or pre-written notes for you that show you how to resolve your support issue. Before we dive deeper into working on your support issue, you must first watch a video tutorial to see if you can resolve your support item first. If you call or email in without first having done this, we will guide you to the proper tutorial first. If you are still having trouble after watching a tutorial then we will provide you additional support by creating additional notes or video tutorials that we will send to you via email.

• Phone – We do not do live phone call support. We are an Internet company and we have setup our entire TizBlog System to not need a direct open phone line for support. Since everything you and we do is online based then the best way to assist you is through emailed notes and video tutorials (since we can’t see each others screens).However, we do have a call in number that you can call in to and leave support messages on. The way this works is that you will have to leave a message stating your support issue and we will get back to you through email or phone support. You will get phone support only when the issue is immediately affecting the performance of your website to your visitors due to a technical support issue. Also, you will get phone support for all Billing inquiries.

• Email – Emailing is the best way to get in touch with us. When you email us it is important to state what kind of support issue you are having and what you did up to the point of support so we can best assist you.

• Facebook – Our Facebook page can be found at http://Facebook.com/Tizish. This page is reserved for Website and Marketing support only. This means anything having to do with online marketing or running your TizBlog System. We will not handle technical support items through Facebook. If you post technical support issues on Facebook we will get back to you via email.

Timeframes for Support Responses and Completion

You will receive a response to all support issues within 24 hours. However, this only means you will be responded to notify you that you support message is in process. Depending on the nature of your support our time frame for assisting you with your support will fall under those specified below.

• Technical Support – 24-72 hours. Depending on the nature of the issue. If your website’s performance is hindered and visitors cannot access it for any reason, then these will be dealt with and be resolved within 24 hours. Otherwise, this support can go up to 72 hours.

• Website Support – 24-72 hours. If your support issues requires us to create additional tutorials or outlines for you then this will take up to 72 hours. Usually though we will already have what you need. If this is the case then you will get your issue resolved within 24 hours.

• Marketing Support – Daily and Weekly. If you have questions that need clarification then simply email or ask us on Facebook and we get back on the same day or next day. If your marketing support requires a more in depth look at what you are trying to achieve then these will get done on the next scheduled webinar or phone conference. Now, this assumes you sent an email with an outline of everything you are looking to have learned and figured out so be sure to follow our guidelines to get in depth assistance on a webinar or phone conference.

*Our entire support system assumes your support query actually falls under our TizBlog System, tools, and outlines. We do not do support for marketing tools outside of our TizBlog System that you integrate into your website. Meaning, if you integrate a 3rd party tool on your own into your website and it isn’t working, then our support time frames do not apply since it is not our tool. However, when you contact us we can still point you in the right direction for support.

Legal

We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.

When we receive your payment, copyright is automatically assigned as follows:

• You own the graphics and other visual elements such as photos that you provide and your logo unless someone else owns them.
• You also own text content you provide, videos you upload, and all blog posts/articles you create unless someone else owns them.
• Tizish owns the markup, CSS and other code(s) and we license it to you for use on only this project and TizBlog System.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design, and to put a byline text or image link on the bottom of your website, establishing design credit in the name of Tizish.

Your Ownership

You are the sole owner of every single piece of content and information you build into your website. We do not have any claim over your content or domain name whatsoever. Should you ever decide to part ways with our service then what we will do is provide you a full backup of all your content. You can then take this to your new website provider to use to build you a new website. By taking all your content and using the same domain name you will not lose any work you put in by using our TizBlog System since search engines index content and domains (URLs).

Personal Non-commercial Use

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Tizish services, use of Tizish services, or access to Tizish services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

Modifications of Service

Tizish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Tizish services (or any part thereof) with or without notice. You agree that Tizish shall not be liable to you or to any third party for any modification, suspension or discontinuance of Tizish services.

Notice

You agree that Tizish may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Tizish.com website under the Terms of Service page.

Limited Liability

You agree that any material submitted to be published online will not contain anything leading to an abusive or unethical use of the Web Presence Provider, the Host Server or Tizish. Abusive and unethical materials and 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. It is also understood that you will not publish information over the internet that may be used by another party to harm another.

Client hereby agrees to indemnify, save, hold harmless and defend Tizish from any claim resulting from Client publication of material or use of those materials.

Laws Affecting Electronic Commerce

You agree that you are responsible for complying with such laws, taxes, and tariffs, and will hold harmless, and protect Tizish and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the use of Internet electronic commerce. Client also understands that Tizish cannot provide legal advice.

Non-disclosure and Privacy

Tizish, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information identified as such, to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Tizish to another party.

Arbitration

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator suitor pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of Tizish.

Completion Date

Tizish and the Client must work together to complete the web site in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project after receipt of all items outlined in our Setup Guidelines found at www.tizish.com/tizblog/ . Tizish makes no guarantees of final completion date for site design if we have not received all the material requested or are awaiting information from client.

A website is considered complete when all items covered in the Setup Guidelines are finished. The timeline for completion is on average 15 business days from the time we receive all items outlined in our Setup Guidelines.

Cancellation of Design/Setup Work

In the event that work is postponed or cancelled at the request of the Client after Tizish has processed the payment and will have begun work on the project, Tizish shall have the right to retain the fee that has already been charged up to that point.

If the contract remains inactive for 30 days due to lack of contact between customer and developer, and developer has made documented attempts to contact customer during this time, this website contract will become VOID, the developer will have the right to retain 50% of the outstanding contract balance and a new contract will have to be issued to continue work on the project regardless of project status. New contracts constructed may not necessarily reflect the exact amounts stated on the previous VOIDED contract.

Billing Information Summary:

Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

Setup Fees

Setup Fees are processed before work begins. Any work performed for the client as well as Setup fees charged are non-refundable.

Monthly Fee

Monthly Fees begin once client is activated live online. Client will be placed on a Month-to-Month pay schedule. Each first day of the month Client will be charged a non-refundable monthly fee for the month.

Regardless of whether Client is or isn’t using the TizBlog System, Client agrees to pay the monthly fee stated on page 1 for each month Client is with Tizish unless explicitly stated otherwise on another form or Client has sent in a cancellation request via email before the 1st of the month.

Our monthly fee consists of the following:

• Hosting
• Customer Support
• Access To Our Step by Step Training Plan and our Member Training Center
• The Tizish TizBlog System and licensing of the code, structure, and other items listed previously in our TizBlog System

Hosting

You are allotted up to 1GB of space with your hosting plan under the $55 a month fee. If you are approaching a point to where you will exceed your 1GB space, then we will notify you. Your options will be to either reduce your space you have built up on the Tizish server or we will charge you $25 a month (on top of the original $55 a month fee) for an additional 1GB amount of space.

Cancellation Policy

In the event that you decide to cancel your monthly service we must receive the request in writing via email before the next billing cycle. If cancellation is received after the billing cycle charge(s) there is no refund and the website will remain active for the remainder of the month.

We retain the right to cancel your monthly service at any time so long as we provide you a minimum 20-day notice in advance. Please direct any questions regarding billing to Billing@tizish.com or you may call 888.316.0803 ext. 711

General Information and Entire Understanding

Entire Agreement. The Terms (including any policies, guidelines or addendums) constitute the entire agreement between you and Tizish and govern your use of Tizish services, superseding any prior agreements between you and Tizish for the use of Tizish services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tizish services, affiliate services, third-party content or third-party software.

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Once project is setup and activated live online, no further additions or changes will be done by Tizish. For new changes or additions a separate agreement, forms, and fees will apply.

If at anytime during the setup process client decides that their TizBlog System is complete and wants to make their website live before all items outlined in the Setup Guidelines outline have been setup, then client understands that all items set forth in the Setup Guidelines are no longer due for work and Tizish is no longer responsible for completing them as part of the terms outlined in this agreement for the website (only if the client decides this on their own regard).

Tizish and Client Agreement is considered complete in two ways:

• On our end when we finish all tasks outlined in our Setup Guidelines (found at www.tizish.com/tizblog/) and we activate the site live.
• On the client end if at anytime client decides their site is ready and we are told to activate the site live, whether all work originally outlined in our Setup Guidelines has been complete or not.

If client wants to get more work done for their TizBlog System after it has been activated live (completed on the Tizish end), then this work will be considered a whole new job and will require a separate agreement and a fee will be included as a per case basis.

Choice of Law and Forum

The Terms and the relationship between you and Tizish shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Tizish agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, Florida.