1. Introduction
Thank You for choosing Global Presence Enterprises, LLC (GPM, GPE, GPS, Global Presence, Global Presence Marketing, Global Presence Solutions). All agreements are made solely between the Client, “You” (the party to whom the Company provides services), and “Global Presence” at the moment of purchase. By making payment, clients ensure they have downloaded their records and understand, maintain, and access terms and agreements with the link in written proposals or invoices.
2. Project Definition
These Business Terms should be read in conjunction with the Project Definition sent to You simultaneously (“Project Definition”), which incorporates these Terms of Business. The Project Definition sets out, amongst other things, the services Global Presence will provide to You (“Works”) and the fees that will be charged (“Fees”). Additional defined terms are set out in the Project Definition. Global Presence aims to offer a friendly and efficient service and exercise reasonable skill, care, and diligence in working.
These Terms of Business come into force with immediate effect upon Your first instructions or order, and these Terms of Business will apply to any current and future instructions or commission that You are kind enough to give Global Presence and to any specific Works referred to in the present or a future Project Definition.
These Business Terms and the Project Definition constitute the agreement between Global Presence and You regarding the Works. Any additional work not specified in the Project Definition must be authorized by a written change order signed by You and Global Presence and may result in changes to Fees and Disbursements.
3. Your Brief
You, as Global Presence client, represent, undertake and warrant to Global Presence that, to the best of Your knowledge, (i) any instructions given and materials supplied by You will be accurate and complete and will not cause Global Presence to infringe the rights (including intellectual property rights) of any third party or the laws or regulations (including data protection legislation) of any country and (ii) You have complied and will comply with the Minimum Client Requirements set out in the Project Definition.
Global Presence and You agree to work together to complete the Works promptly. Global Presence agrees to work expeditiously to complete the Works in line with the time frame agreed in the Project Proposal emailed to you; however, this time frame depends on Global Presence being provided with Your continued cooperation to approve Works at various stages. Global Presence cannot be held responsible for any loss incurred. You (or any third party instructed by You) have not provided clear and complete instructions within any given time limit and with sufficient notice.
If You request changes to the Works Global Presence, reserve the right to revise the Project Definition. If the Works are shortened, delayed, canceled, or terminated early by You, the final invoice will include the balance of the Fees for providing the Works plus any reasonable costs and disbursements incurred by Global Presence due to Your acts or omissions. For example, You shall be liable for the costs and disbursements incurred by Global Presence for prebooked fieldwork that is delayed, unused, or not fully used.
Global Presence recommends that You retain copies and backups of all materials, data, or information provided to and from Global Presence.
4. Subcontracting
Global Presence reserves the right to assign subcontractors to this project to ensure the right fit for the job and timely completion. Global Presence shall be the primary obligor concerning such sub-contractors.
Global Presence is only responsible for the quality of the service provided by subcontractors if those subcontractors have been selected and paid for directly by Global Presence. If You designate a specific sub-contractor, Global Presence shall not be responsible for that subcontractor's work's accuracy, completeness, or quality.
5. Fees and Disbursements
Global Presence Fees are exclusive of tax, which must be added at the current rate if you're not tax-exempt. This will be indicated on invoices. Global Presence Fees are also exclusive of disbursements (including travel) and are charged. Disbursements include payments made or incurred on Your behalf and miscellaneous office expenses such as printing, traveling, and out-of-pocket expenses. Mileage will be charged in line with IRS guidelines. The client must pre-approve all costs within the agreed-upon project's actual and projected budget expenses.
Payment of Fees for Works shall be on delivery of the Works. Any Works provided over more than one calendar month will be subject to an invoice at the start of each calendar month, with the final invoice raised on the delivery of the last works. All invoices shall be due on the invoice date and subject to payment on that date.
If You dispute or deem any invoice, contract, or agreement incorrect or inaccurate, Global Presence must be notified in writing within 48 hours of receipt. Failure to do so renders any future claim inadmissible.
For Global Presence to remain in business, payments must be made promptly. A ten-dollar additional fee will be incurred if payment is not received within ten (10) days of the due date. If an amount remains delinquent thirty (30) days after its due date, an additional five percent (5%) interest will be added for each month of delinquency from the date of the invoice. Global Presence reserves the right to suspend work without notice until Final Payment. Where debt collection or proceedings prove necessary, You agree to pay all fees and costs incurred by that process.
6. Confidentiality and Intellectual Property
All information You provide to Global Presence will be considered confidential to the extent that it is not in the public domain. Still, You should advise Global Presence if any information is susceptible. Global Presence will not divulge any confidential information obtained from You other than your instructions.
You unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork (including all associated intellectual property) furnished by You (or on Your behalf) to Global Presence for inclusion in the Works are owned by You or that You have permission from the rightful owner to use each of these elements, and will hold harmless, indemnify, and defend Global Presence and its subcontractors from any claim or suit arising from the use of such elements furnished by You.
In the first instance, Global Presence owns intellectual property rights (including but not limited to copyright and database rights) in all Works. All intellectual property rights owned by Global Presence in finished, approved works explicitly created for you will be assigned to you automatically on receipt of the final payment of fees in cleared funds by Global Presence. Those third parties own all Intellectual property rights in third-party materials and will be licensed to You on the terms set out in the Project Definition.
Global Presence and its subcontractors retain the right to display Works, graphics, and other design elements as examples of their work in their respective portfolios (including online).
7. Termination
Either party may terminate this engagement upon one month's notice unless in a contractual agreement for a set peroid of time or as the custom agreement/invoice/proposal states. The notice must be provided in writing. Global Presence will use its reasonable endeavors to complete any Works in progress, and Global Presence will remain entitled to payment for completing those Works.
Either party may terminate this engagement immediately for a material breach by the other which is incapable of remedy or, if capable of remedy, is not remedied within 45 days of notification being given to the defaulting party.
For good reason and upon reasonable notice, Global Presence reserves the right to terminate Global Presence engagement without further liability to Global Presence. This will be confirmed to You in writing if requested. “Good reasons” include if you do not give Global Presence instructions within a reasonable period, do not promptly pay any request for money on account, or do not pay a bill within the due period.
8. Warranties and Liability
All conclusions, recommendations, forecasts, reports, letters, or other communications, whether oral or written, provided by Global Presence (together, the “Recommendations”) are made in good faith and based on information available to Global Presence at the time, whether from You or information in the public domain and the validity of such Recommendations will depend, amongst other factors, on Your practical cooperation and the quality of the information made available by You. No warranty or representation, express or implied, is given as to the Recommendations provided by Global Presence. You shall be responsible for adequately adapting such Recommendations to your circumstances.
All Recommendations given by Global Presence are for Your use only and are not to be disclosed or reproduced to third parties without the prior written consent of Global Presence.
Global Presence shall not be liable for any consequential or indirect loss suffered by You, whether such loss arises from a breach of contract or tort or in any other way (including losses arising indirectly or consequentially from Global Presence negligence). Compensation for any direct losses arising under this agreement shall be limited to the value of the current Project Definition.
You and Global Presence acknowledge that the Fees payable under these Terms of Business have been determined based on these limitations of liability and reflect the division of risks set out in these Terms of Business and that, accordingly, the division of risk is agreed by the parties to be fair and reasonable in the circumstances.
If any provision of this agreement shall be unlawful, void, or unenforceable for any reason. That provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Global Presence does not provide in-house counsel services per se. When you contract with Global Presence, you agree to Global Presence acting as an agent on your behalf and granting Global Presence the right to bind you contractually with a third party (“Legal Third-Party”) who will provide the services of an in-house counsel and/or consultant. Global Presence’s Standard Website and Marketing Plans Terms & Conditions will govern your relationship with the Legal third party in this arrangement.
The services are provided by a legal third party registered or licensed within their residence and/or with the appropriate degrees from a recognized university program. The Legal Third-Party may not be certified/registered in your town, city, state, province, region, or even country and, therefore, cannot be held liable regarding the services provided nor provide a warranty that the services adhere to local rules and regulations. You understand that the services are in-house counsel and/or consultation services and not legal services and accept the services as is. You will hold harmless Global Presence and the Legal Third Party for the services provided as part of the agreement when receiving these services.
9. Hourly Rates
An hourly package for the website that requires infrequent updates will suit client needs: $1.25 per minute minimum/10-minute minimum charge.
Suppose the website requires more frequent updates, we recommend the purchase of a maintenance package/plan. Our site maintenance package includes the following:
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Priority service, i.e., shorter turnaround
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Updating, correcting, or creating new HTML web pages as requested.
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Image scanning, image optimization, and image placement on websites.
Common Maintenance tasks include, but are not limited to:
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Addition of new content, modification of existing content, and deletion of old material.
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Website design upgrades or modifications.
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Addition of new website features.
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Adding new products.
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Adding new extensions.
View current full-service maintenance rates here: gp.marketing/services
- GP design and development rates are $75.00 - $200.00 per hour, pending the designer & project scope.
- The minimum per-minute rate is $1.25, with a 10-minute minimum per job request.
10. Maintenance Roll Over Hours
Global Presence does not roll over minutes/hours that are not used in the client's maintenance package.
11. Data Protection
Details of the individual to whom these Terms of Business are sent, together (where relevant) with details of other key individuals within Your organization supplied to Global Presence from time to time, will be entered into the Global Presence client database. Global Presence will use these details primarily to provide You with the Works. In addition, Global Presence may use these details to contact You by post, telephone, e-mail, or fax for marketing purposes or to do searches with credit reference agencies. Global Presence may also disclose these details to any agents, associates, advisors, or contractors that we agree Global Presence should work with on Your behalf.
It is Your responsibility to ensure that the communication of any sensitive or personal data by You or Your agents to Global Presence does not breach the rights of any data subjects and that the use of such data by Global Presence, according to the Project Definition, does not breach any data protection regulations or legislation. You hereby indemnify Global Presence in this respect.
12. Electronic Communications
During this matter, we may wish to communicate electronically with one another. Electronic information transmission cannot be guaranteed secure or error-free, as it will be transmitted over a public network. Such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe for use.
We agree to use reasonable procedures to check for the most recently known viruses before electronically sending and receiving information. Still, such practices cannot guarantee that transmissions will be virus-free. We shall each be responsible for protecting our interests in electronic communications. Neither of us shall be liable to the other on any basis, whether in contract, tort (including negligence), or otherwise, for any damage or loss arising from or in connection with the electronic communication of information between us.
13. Content Guidelines
These types of sites are not allowed on Global Presence:
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Adult: involving nudity in a sexual context, exposed genitalia, or adult themes
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Copyrighted Content: music, movies, or games that you do not own the rights to
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Hate Speech: content that promotes violence or incites hatred against specific individuals or groups, such as race, religion, ethnicity, gender, or sexual orientation. The foregoing examples are not meant to constitute an exhaustive list of individuals or groups that may be the target of hate speech.
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Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook "likes," etc
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Phishing: a site meant to trick users into providing their username and password
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Illegal Content: content that may be illegal in the United States or under the laws of other countries
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Scams: get rich quick, pyramid/MLM, or other dubious schemes
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Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page
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File Hosting: including areas that are not created with the Global Presence editor
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Injurious Experience: sites using the "Custom HTML" element that provide horrible user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
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Illegal/Inappropriate Products: sites that offer or sell illegal items, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons
This list is a quick reference and is not meant to be complete. For more specific information, please read the Terms carefully on this page.
14. Description of Web Services
Our web-based Service allows users who register for an account (each an "Account Holder") to create and update an online website. Once registered, each Account Holder receives their Website and may post "Content" (defined in Section 8). Any new features on the Service, including the release of new Global Presence tools and resources, shall be subject to these Terms.
To use the Service, you must have access to the Internet, either directly or through devices that access web-based content and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to connect to the Internet, including a web-enabled computer.
The Service may include certain communications, such as service announcements, administrative messages, and the Global Presence Newsletter. These communications are considered part of Global Presence membership.
You may not access the Website by any means other than through the user interfaces or control panel we provide. Our websites and extensions/plugins are accessible on a monthly licensing subscription, 12 to 24-month licensing subscription, or Ownership Plan. Our plans are subscription-based unless otherwise requested and agreed to in writing.
Websites and plugin licensing buyout prices are typically $5,000.00 to $20,000.00, depending on the number of plugins and features we have added to your site that surpass the monthly subscription fee. Transferring only the core files to another server costs $200.00. The server where your website is typically hosted is leased from GP, and access to Cpanel/Server is only given to clients on full-access hosting plans or ownership plans. If your invoice does not read "full-access hosting," your account is on a subscription plan.
15. Registration
To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data"). During registration, you will choose a password and account designation for your websites and obtain a Global Presence ID. You are responsible for maintaining the password and account's confidentiality and all activities under your account. In consideration of the use of the Service, you agree to maintain and update actual, accurate, current, and complete Registration Data. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Global Presence has reasonable grounds to suspect that such information is incorrect, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse all current or future use of the Service or any portion thereof. In addition to the restrictions on selling outlined in Section 9 below, individuals under 13 are prohibited from creating or using accounts through Global Presence.com. However, students under 13 may use Global Presence through special student accounts created by their teachers, provided the teacher has signed parental consent from the student's parents.
16. Privacy Notice
Our Privacy Notice, part of these Terms, describes how we collect, protect, and use your Registration Data and other information about you. We encourage you to read the Privacy Notice and use its knowledge to help you make informed decisions.
17. Website account and security
You are responsible for maintaining your account and website's security for all activities that occur or actions taken under the account or in connection with the website. You agree to immediately notify us in writing of any unauthorized uses of the account or any other security breaches. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Global Presence or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
18. Proprietary Rights
If the client has not purchased their website, Global Presence owns the website and creative works until the contract terms for ownership have been completed as specified in the proposal or invoice. The site and creative use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines owned by Global Presence or other unaffiliated third parties, that are protected by the U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the site or creative works may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Global Presence or the respective third-party intellectual property owner or as otherwise explicitly provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or the information presented to you through the Service or by advertisers, and all other materials and services provided by or through Global Presence are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely by all relevant laws and any terms or conditions applicable to such Materials. Global Presence shall not be liable to you or any third party for your use of Materials violating the law or any terms or conditions applicable to such Materials.
“Materials” means any software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, structure and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Global Presence or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service by these Terms and, in the case of Materials owned by third parties made available to you by or through Global Presence or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as explicitly permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in, or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on, or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as explicitly permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Global Presence or their respective owners. Unless otherwise explicitly provided herein, no license or right to use any Mark is granted to you without the express written permission of Global Presence or the respective third-party Mark owner.
“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Global Presence site only for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo,” remove any metadata in any “professional photo,” or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) to enable file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.
19. Your rights in your Content
Global Presence does not claim ownership of your Content (as defined below). Still, you give us your permission worldwide to host your Content on the Service and perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant our subsidiaries and us, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Global Presence representative, any material, information, or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or personal information subject to our Privacy Notice.
20. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on a website via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all content you upload, post, transmit, or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transactions or behavioral data derived from Global Presence’s eCommerce platform (collectively, “Platform Data”). Global Presence owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating backup copies of your Content.
Using the Service may expose you to offensive, indecent, or objectionable content. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, any errors or omissions in your Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content but shall have the right (but not the obligation) to refuse, move, or delete any Content available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable at our sole discretion. You must evaluate and bear all risks associated with using any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit, or otherwise make available any Content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
ii. you do not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
iv. is unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam," such as (i) sending a mass email to recipients who haven't requested an email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
v. contains software viruses, worms, Trojan horses, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware, or telecommunications equipment or may impact the ability of any Global Presence user to access the Service;
vi. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
B. harm minors in any way;
C. "stalk," “bully,” or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Global Presence employee, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
F. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
G. intentionally or unintentionally violates applicable local, state, federal, or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including, without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
H. promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
I. use the Service as a forwarding service to another website or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
J. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
K. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
L. include more than three ad units per page or any advertising that significantly reduces the usability of the Site;
M. uploads files for the sole purpose of having them hosted by us and for use outside of a website created using the Service (i.e., created with the Global Presence editor);
N. creates a website that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
O. use, under any circumstance, any open-source software subject to the GNU Affero General Public License v.3, or greater;
P. Abuse our customer support email, chat, or telephone services or agents or
Q. Take any other action while using the Service that is detrimental to the Service or Global Presence’s reputation, as determined by Global Presence in its sole discretion.
We retain the right to terminate any account or user who violated the above prohibitions.
21. Selling Through a Global Presence
Some of our Services and Materials may allow you to sell or purchase goods and services through sites hosted or designed by Global Presence (such as goods and services, “Commercial Products”). We merely provide the platform for buyers and sellers to conduct transactions for these Commercial Products. To sell through Global Presence, you must be 18 years or older or at least the age of majority in your Country of Residence. You must provide your full legal name, current address, valid email address, and any other information requested by us. In a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include but is not limited to a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
When a buyer purchases Commercial Products, payments will be processed through our third-party payment service provider. Buyers of Commercial Products will be notified when entering their payment information, directing them to the third-party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the provider’s terms of service and privacy policy. We are not responsible for the actions of these third-party service providers. In addition to the other rules and requirements described in these Terms, you must follow the below rules when offering, selling, or purchasing Commercial Products.
YOU WILL NOT offer or sell any Commercial Products that:
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Are illegal or potentially illegal, including counterfeited, stolen, or fraudulent? Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S.;
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infringe or have the potential to infringe the intellectual property or privacy rights of another, or that may be libelous, slanderous, or otherwise defamatory;
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we determine, at our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent or
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are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitute “weapons” for purposes of these Terms or
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use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
22. Limitations on Use of Personal Information
For purposes of this section, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could well be linked, directly or indirectly with a particular consumer or household that Global Presence processes in connection with the Service.
For purposes of this section, “process,” “sell,” and “business purpose(s)” have the meaning ascribed to them in the Florida Consumer Privacy Act. We may receive Personal Information to perform the Service on your behalf as described in these Terms. We agree that we will process such Personal Information on your behalf and will not (a) sell the Personal Information; (b) retain, use, or disclose the Personal Information for any purpose other than providing to you the Service specified in these Terms [and other applicable terms and agreements between you and Global Presence]. As part of and for purposes of facilitating the Service, Global Presence may (a) de-identify or aggregate the Personal Information; and (b) process the Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Service; improving, updating or enhancing the Service, either for you or for our customers generally; and complying with our legal obligations. You acknowledge and agree that the Personal Information that you disclose to Global Presence is provided to Global Presence for the parties’ business purposes.
23. Fees/payment
You may agree to a (1) month, six (6) month, twelve (12) month, twenty-four (24) month, or duration stated on invoice contract agreement with Global Presence or whatever terms Global Presence is making available on their website or by personal custom proposals. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). You must pay all applicable fees if you sign up for these features. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. The client can downgrade and upgrade by choosing the service plan when downgrading or upgrading; all set-up and monthly maintenance fees apply.
All Fees are in USD and do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). It is your responsibility to determine what if any, Taxes apply to the payments you make or receive. Your responsibility is solely to assess, collect, report, and remit the correct taxes to the appropriate authority. If you purchase any services that we offer for a Fee, you consent to Global Presence, or our third-party service providers, storing your payment card information. You authorize us to charge you (a) any Fees for Services you may purchase and (b) any applicable Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you. You will remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU WITHIN 30 DAYS OF THE DUE DATE, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATIONS 30 DAYS BEFORE YOUR NEXT DUE DATE REQUESTS BY CONTACTING US THROUGH https://gp.marketing OR BY CALLING OUR HELP CENTER AT ANY TIME.
24. Cancellation; Service Changes
If you cancel the Service online, your cancellation will take effect 30 days later, and any extra payments will be invoiced. After cancellation, you will no longer have access to your website, and we may delete all information. We accept no liability for such deleted information or content.
As long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist, be available on any given day, and have no other obligations except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend, or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer at our sole discretion. Unless otherwise noted, these changes are effective upon their posting on our site or by direct communication. We further reserve the right to withhold, remove, and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. To avoid doubt, we are not obligated to store, maintain, or provide you a copy of any Content you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to support other customers (as determined at our sole discretion).
25. Money-Back Guarantee
A 30-day money-back guarantee for all new accounts is permitted on the sale of services under the following conditions:
-Refunds are only permitted before the service is started
-Refund must be requested 48 hours before the next billing date or service is set to take place
-Refunds are only permitted if service has not been met or modified to the client's written request
-Refunds are issued at the Operator's discretion and may be accepted or rejected.
Please direct refund requests to. At any time during your contract term, you may upgrade or downgrade your service with Global Presence. In the event of a service downgrade, a prorated credit will be issued to your Global Presence account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with Global Presence and cannot be refunded in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss. The client can downgrade and upgrade by choosing the service plan of their choice. When downgrading or upgrading, all set-up fees and monthly maintenance fees apply.
26. Third-Party Services, Software, and Websites; No Implied Endorsement
Global Presence is not responsible for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon, such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Global Presence does not endorse or assume responsibility for any Third Party Materials. It makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of third-party materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done exclusively following all relevant laws and the terms and conditions of any applicable licenses or other agreement. In no event shall Global Presence be liable to you or any third party for your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce, and payment services, including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third-party terms of service and privacy policies. You are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third-Party-Payment Processors: Global Presence uses third-party payment processors to assist us in securely processing your personally identifiable payment information. Such third-party processors’ use of your personal information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as the Global Presence Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
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Authorize.net - privacy policy
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PayPal - privacy policy
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Square - privacy policy
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Stripe - privacy policy
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Apple Pay - privacy policy
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Android Pay - privacy policy
Apple Pay and Android Pay are automatically activated for users who have selected Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay as a payment type, you are responsible for deactivating Apple Pay and/or Android Pay. You can deactivate these payment options in your Store checkout settings. Your use of Apple Pay and Android Pay constitutes your acceptance of Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms of Service.
27. Themes
If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets. The prices listed on our plans are for customizing our pre-designed templates. The plans allow the pricing of the design to be cost-effective. If the client seeks an original design, the cost will be $75 to $200 per hour for an average projected timeline of 20-200 hours.
- GP design and development rates are $75.00 - $200.00 per hour, pending the designer & project scope.
- The minimum per-minute rate is $1.25, with a 10-minute minimum per job request.
28. Timeline For Setup and Monthly Payments
A. Scope of Services
Provider agrees to perform website setup services as outlined in the proposal/contract/invoice provided to the Client. The services include but are not limited to website design, development, and initial setup.
B. Fees
Client agrees to pay the fees specified in the invoice for the setup period of the website. The setup fee is due upon signing the Agreement or making payment on invoice.
C. Setup Period
The setup period will commence upon receipt of the initial payment and all necessary assets, content, and information from the Client. The setup period is defined as 20 business days, unless otherwise specified in the proposal/contract/invoice.
D. Delays
If there are any delays in the sharing of assets, content, or information from the Client, the setup period shall automatically end after 20 business days from the start date, unless stated otherwise in the proposal/contract/invoice. Delays caused by the Client will not affect the Provider’s obligation to complete the setup, but may result in additional charges as specified in the proposal/contract/invoice.
C. Monthly Website Hosting and Maintenance
Monthly website hosting and maintenance services will commence immediately after the end of the setup period as uniquely stated in proposal/contract/agreement/invoice or within 20 business days. The fees for these services will be invoiced monthly, starting from the end of the setup period.
C. Payment Terms
Client agrees to pay all invoices or start subscription within 10 days of receipt by due date. Failure to pay within this period may result in suspension of services until payment is received.
29. Designer Platform Terms
If you use our Template Platform Service to design a website (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms outlined in this Section 16.
A. Your relationship with your Client is strictly between you and the Client. We will not be a party to your agreement with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however, you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
B. You accept full responsibility for all Client Websites under your account and each Client Website’s adherence to these Terms.
C. While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed. We will no longer be held responsible for failing to maintain its private label.
D. If your Client contacts us, we will direct them to contact you. If you fail to support your Client, and we receive a request stating that you have not been responsive, we reserve the right to support your client directly.
E. Payments for your use of the Designer Platform Service are calculated per-website basis. Each Client Website under your account published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Global Presence account.
F. Service charges are billed each month for the upcoming month’s service based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice.
G. No refunds will be given for any days remaining in your current billing cycle.
H. As the account owner, you understand and agree that you are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client's Website until the billing obligation is met.
30. Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Global Presence (such as the Global Presence Cloud Agreement).
Designers often use Global Presence to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any version of Global Presence other than the Designer Platform, such sites must each have their own account controlled by the third party. You may not group multiple client sites under one account you own.
31. Domain Name Registration, Domain Name Cancellation, and Change of Registrar
For the domain name registration services (the “Domain Services”) provided to you by Global Presence, the following terms and conditions also apply (the “Domain Terms”). Your use of the Domain Services provided by Global Presence serves as your consent to these terms. Some service packages include Global Presence registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. To procure and/or maintain domains, Global Presence will act only as the agent between you and the domain name service provider responsible for domain name allocation (the “Registrar”), which will be Enom.com. Therefore, all new registrations and subsequent renewals of those registrations will therefore also be subject to the Enom.com terms and conditions located at https://www.enom.com/terms/privacy.aspx. Global Presence reserves the right to utilize another domain name service provider at any time, in which case the terms and conditions of such organization will apply complementarily to these Domain Terms, and such other domain name service provider shall be deemed a “Registrar” for purposes of these Terms.
Global Presence may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. The domain will be included for the lifetime of your Global Presence account. The domain will be registered in your name and is yours to keep as long as you cover any applicable domain registration fees following the first year. When signing up for a new plan, the free domain name only applies to certain top-level domains (e.g., .com, .net, and .org).
You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be Global Presence, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule, or regulation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Global Presence is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.
The initial registration term for purchased domains may vary, and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your Global Presence website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep as long as you pay the applicable fees. If you buy a new domain or renew an existing domain and cancel your purchase within the first thirty (30) days by contacting us on our cancellation page (If there is no response in 2 business days, please contact us on our support page), you may receive a full refund. Your right and title to your domain name allow you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to Global Presence for transferred domains. Regardless of the Registrant's identity or any other contact information in your domain name records, any domain name registered through your Global Presence account is covered by these Terms.
Maintaining accurate and current billing information is mandatory for your Global Presence account. Such data must include the full and real name of the Registrant, a physical