Terms of Service

Your Web Design Professionals.

Your Web Design Professionals.

Phone: (210) 570-2379
TERMS OF SERVICE
THIS AGREEMENT IS MADE ON THE DIGITAL DATE OF PURCHASING SERVICES FROM LUCID, BETWEEN THE DIGITAL PURCHASER OR SIGNATURE  (CLIENT) AND LUCID LLC.

IN CONSIDERATION OF CLIENT RETAINING LUCID LLC TO DESIGN A WEBSITE, MANAGE A WEBSITE, PROVIDE ANALYTIC DATA, INCLUDE WEB DESIGN OPTIONS, SEO SERVICES, CUSTOMER RELATIONSHIP MANAGER (CRM), OR WEB CARE, IT IS AGREED AS FOLLOWS:

TERMS AND COMPENSATION
THE CLIENT RETAINS LUCID LLC, AND LUCID LLC AGREES TO PERFORM THE SERVICES LISTED IN THIS PURCHASED PACKAGE.
THE CLIENT IS SOLELY RESPONSIBLE FOR SUPPLYING PASSWORDS TO THE HOSTING ACCOUNT OR DOMAIN, CONTENT, AUTHORING, OR GRAPHICS IN AN APPROPRIATE FILE FORMAT UNLESS LUCID IS HIRED SPECIFICALLY FOR THIS PURPOSE AND IT IS STATED IN THE AGREED UPON SPECIFICATIONS.

REQUEST FOR CHANGES
REQUEST FOR CHANGES IS INCLUDED IN THIS CONTRACT FOR  A PERIOD OF SEVEN (7) DAYS AFTER THE WEBSITE HAS  BEEN LOADED TO THE HOSTING PROVIDER OR DOMAIN REGISTER. REQUEST FOR CHANGES AFTER THE 7TH DAY SHALL BE CONTRACTED AT $80.00 PER HOUR UNLESS THE CLIENT HAS OBTAINED A WEBSITE MANAGEMENT PLAN WITH LUCID.

TERMS AND CONDITIONS
IF ALL PASSWORDS TO THE HOSTING ACCOUNT OR DOMAIN, WEBSITE CONTENT, AUTHORING, ORGANIZATION, IMAGES OR GRAPHICS DESIGN NECESSARY TO COMPLETE THE WORK ARE NOT RECEIVED BY LUCID LLC WITHIN 30 DAYS FROM THE DATE OF CONTRACT A $25.00 FEE WILL BE CHARGED TO THE CLIENT AND PAYABLE UPON THE 31ST DAY. IF ALL PASSWORDS TO THE HOSTING ACCOUNT OR DOMAIN, WEBSITE CONTENT, AUTHORING, ORGANIZATION, IMAGES OR GRAPHICS DESIGN NECESSARY TO COMPLETE THE WORK ARE NOT RECEIVED BY LUCID LLC WITHIN 60 DAYS FROM THE DATE OF CONTRACT A $50.00 FEE WILL BE CHARGED TO THE CLIENT AND PAYABLE UPON THE 61ST DAY. IF ALL PASSWORDS TO THE HOSTING ACCOUNT OR DOMAIN, WEBSITE CONTENT, AUTHORING, ORGANIZATION, IMAGES OR GRAPHICS DESIGN NECESSARY TO COMPLETE THE WORK ARE NOT RECEIVED BY LUCID LLC WITHIN 90 DAYS FROM THE DATE OF CONTRACT LUCID LLC WILL TERMINATE THIS CONTRACT AND 25% OF THE OVERALL WEB DESIGN COST WILL BE DUE AND PAYABLE ON THE 91ST DAY.

PAYMENT
ALL PAYMENTS WILL BE PROCESSED ONLINE, VIA LUCID'S PAYMENT GATEWAY PROVIDER, PAYPAL. LUCID DOES NOT ACCEPT CHECKS, MONEY ORDERS OR CASH. LUCID OFFERS REFUNDS ON CERTAIN SERVICES. PLEASE REFER TO THE REFUNDS SECTION.

THIS PAYMENT DOES NOT INCLUDE: THE COST OF DOMAIN REGISTRATION, HOSTING SET UP FEE, HOSTING, MERCHANT ACCOUNT(S), SECURE ONLINE AUTHORIZATION (SSL), E-MAIL ACCOUNTS, EMAIL MARKETING.

IF IT BECOMES NECESSARY FOR LUCID LLC TO BRING LEGAL ACTION TO COLLECT ANY SUMS DUE UNDER THIS AGREEMENT, IT SHALL BE ENTITLED TO COLLECT, IN ADDITION TO ALL DAMAGES, ITS COSTS OF COLLECTION, INCLUDING ATTORNEY'S FEES.

LATE PAYMENT
IF PAYMENT IS NOT RECEIVED BY LUCID LLC WITHIN THIRTY (30) DAYS AFTER THE PAYMENT DATE LUCID LLC RESERVES THE RIGHT TO DISABLE AND/OR REMOVE ALL WEB PAGES AND FILES FROM THE HOSTING PROVIDER UNTIL PAYMENT IS RECEIVED.
IF IT BECOMES NECESSARY FOR LUCID LLC TO BRING LEGAL ACTION TO COLLECT ANY SUMS DUE UNDER THIS AGREEMENT, IT SHALL BE ENTITLED TO COLLECT, IN ADDITION TO ALL DAMAGES, ITS COSTS OF COLLECTION, INCLUDING ATTORNEY'S FEES.

TERMINATION OF CONTRACT
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY AT ANY TIME FOR ANY REASON. CLIENT AGREES THAT LUCID LLC SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR THE TERMINATION OF THIS CONTRACT AND/OR SERVICES. IF THIS AGREEMENT IS TERMINATED BY EITHER PARTY DESIGNATED HEREIN BEFORE THE LOADING OF THE WEBSITE TO A HOSTING PROVIDER OR DOMAIN REGISTER THE CLIENT AGREES TO PAY 50% OF THE OVERALL COST OF THE WEB DESIGN. IF THIS AGREEMENT IS TERMINATED BY EITHER PARTY DESIGNATED HEREIN AFTER THE LOADING OF THE WEBSITE TO A HOSTING PROVIDER OR DOMAIN REGISTER THE CLIENT AGREES TO PAY 100% OF THE OVERALL COST OF THE WEB DESIGN. IN THE EVENT OF TERMINATION, LUCID LLC RETAINS OWNERSHIP OF ALL COPYRIGHTS, ANY ORIGINAL ARTWORK CREATED BY LUCID AND THE HOSTING ACCOUNT. LUCID LLC RESERVES THE RIGHT TO DISABLE AND/OR REMOVE ALL WEB PAGES AND FILES FROM THE HOSTING PROVIDER IF THIS CONTRACT IT TERMINATED. IN THE EVENT OF TERMINATION LUCID LLC AND/OR THE CLIENT WILL PROVIDE WRITTEN NOTICE TO EITHER PARTY LISTED HEREIN. IF A CONTRACT INCLUDES WEB DESIGN AND WEBSITE MANAGEMENT IS TERMINATED THE CLIENT UNDERSTANDS HE/SHE WILL NOT BE ENTITLED TO A REFUND FOR SERVICES RENDERED UNDER THE WEBSITE MANAGEMENT CONTRACT. THE CLIENT UNDERSTANDS THAT HE/SHE MAY BE CHARGED A $299.99 SERVICE FEE FOR THE TERMINATION OF A WEB DESIGN AND WEBSITE MANAGEMENT CONTRACT.

REFUNDS
ALL WEBSITE DEVELOPMENT SERVICE RENDERED ARE NON-REFUNDABLE. IF WORK ON A WEBSITE HAS ALREADY BEGUN THE CLIENT AGREES TO PAY 50% OF THE OVERALL COST OF THE WEB DESIGN. IF WORK ON A WEBSITE HAS NOT BEGUN, THE CLIENT WILL BE ENTITLED TO A 100% REFUND LESS A $399.99 SERVICE FEE. THE CLIENT UNDERSTANDS THAT HE/SHE MUST PROVIDE A WRITTEN (EMAIL) REQUEST FOR A REFUND WITHIN THIRTY (30) DAYS OF THE INITIAL PURCHASE.

THE CLIENT UNDERSTANDS THAT ALL OTHER SERVICES ARE NON-REFUNDABLE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL LUCID, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE YOUR SITE(S) OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE(S) OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE(S), (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE(S); (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE(S); (VI) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (VII) ANY OTHER MATTER RELATING TO YOUR SITE(S), EVEN IF LUCID LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LUCID LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNIFICATION
CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LUCID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE.

CHOICE OF LAW
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH, TERMINATION, OR INVALIDITY OF THE AGREEMENT, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE TEXAS ARBITRATION ACT IN EFFECT ON THE DATE OF THIS CONTRACT. THE PLACE OF ARBITRATION SHALL BE SAN ANTONIO, TEXAS, USA.

SEO
THE CLIENT UNDERSTANDS THAT LUCID HAS NO CONTROL OVER HOW SEARCH ENGINES RETRIEVE OR ORGANIZE DATA IN THEIR SEARCH RESULTS. LUCID WILL OPTIMIZE THE CLIENT’S WEBSITE BASED ON THE CURRENT BEST PRACTICES SET FORTH BY GOOGLE, BING AND YAHOO, HOWEVER LUCID CAN NOT GUARANTEE THAT THE CLIENT’S WEBSITE WILL APPEAR ON THE FIRST PAGE OF THE SEARCH ENGINE RESULTS. THE CLIENT UNDERSTANDS THAT SEARCH ENGINE OPTIMIZATION MAY TAKE THREE (3) MONTHS TO SIX (6) MONTHS TO TAKE EFFECT. THE CLIENT AGREES TO HOLD HARMLESS LUCID FROM ANY SEARCH ENGINE OPTIMIZATION PERFORMED BY LUCID THAT RESULTS IN A SHIFT IN RANKINGS WITHIN THE SEARCH ENGINES.

WEBSITE MANAGEMENT
LUCID WILL MAKE ALL EFFORTS TO UPDATE THE CLIENT'S WEBSITE WITHIN 24 HOURS, HOWEVER IF AN INFLUX OF REQUESTS OCCUR, UPDATES MAY TAKE UP TO 48 - 72 HOURS. THE CLIENT MUST PROVIDE AN EMAIL REQUESTING UPDATES AND PROVIDE A DETAILED DESCRIPTION OF THE UPDATES INCLUDING CONTENT, GRAPHICS, VIDEOS OR ANY OTHER MATERIALS OR INFORMATION THE CLIENT WANTS TO ADD TO THE WEBSITE. LUCID IS NOT RESPONSIBLE FOR ANY UPDATES THE CLIENT REQUESTS THAT MAY NEGATIVELY EFFECT SEO PERFORMANCE, PERSONALIZED EXPERIENCE, WEBSITE PERFORMANCE, AND/OR REVENUE. THE CLIENT UNDERSTANDS THAT WEBSITE MANAGEMENT SERVICES MUST BE PURCHASED EACH YEAR BY THE CLIENT UNLESS THE CLIENT HAS PURCHASED A MONTH TO MONTH PLAN.

WEBSITE MANAGEMENT ROLL-OVER AND OVERAGES
LUCID FIRMLY BELIEVES IN OFFERING FLEXIBLE MANAGEMENT OF YOUR WEBSITE AND ACKNOWLEDGES THAT IN SOME MONTHS THE CLIENT MAY USE MORE HOURS THAN IN OTHER MONTHS. LUCID SEEKS TO MINIMIZE THE CLIENT'S COSTS ASSOCIATED WITH WEBSITE MANAGEMENT BY ROLLING OVER HOURS NOT USED IN THE PREVIOUS MONTHS TO THE CURRENT MONTH(S). THE CLIENT UNDERSTANDS THAT IF ALL HOURS ARE USED WITHIN A CALENDAR YEAR FROM THE DATE OF PURCHASING A WEBSITE MANAGEMENT PACKAGE, AN $80.00 PER HOUR OVERAGE FEE WILL BE CHARGED TO THE CLIENT FOR THE HOURS EXCEEDED. THE CLIENT ALSO UNDERSTANDS THAT IF AN UPDATE IS REQUESTED THAT IS NOT COVERED UNDER THE WEBSITE MANAGEMENT PACKAGE, AN $80.00 PER HOUR OVERAGE FEE WILL BE CHARGED TO THE CLIENT. THE CLIENT UNDERSTANDS THAT PERSONALIZED EXPERIENCE, SEARCH ENGINE OPTIMIZATION AND WEBSITE OPTIONS ARE NOT INCLUDED IN WEBSITE MANAGEMENT AND MUST BE PURCHASED SEPARATELY.

PERSONALIZED EXPERIENCE
THE CLIENT UNDERSTANDS THAT LUCID HAS NO CONTROL OVER HOW VISITORS ENGAGE THE WEBSITE THROUGH A PERSONALIZED EXPERIENCE. LUCID WILL CREATE A PERSONALIZED EXPERIENCE BASED ON THE CURRENT BEST PRACTICES SET FORTH BY THE INDUSTRY, HOWEVER LUCID CAN NOT GUARANTEE THAT THE CLIENT’S WEBSITE WILL GENERATE A HIGHER LEVEL OF ENGAGEMENT OR REVENUE. THE CLIENT AGREES TO HOLD HARMLESS LUCID FROM ANY PERSONALIZED EXPERIENCE CREATED BY LUCID THAT RESULTS IN A SHIFT IN ENGAGEMENT, EITHER NEGATIVE OR POSITIVE. THE CLIENT ALSO UNDERSTANDS THAT EACH PERSONALIZED EXPERIENCE MUST BE PURCHASED SEPARATELY.

WEBSITE ANALYTIC
THE CLIENT UNDERSTANDS THAT WEBSITE ANALYTIC DATA IS PROVIDED TO THE CLIENT ON A ONGOING BASIS AND THAT LUCID IS NOT RESPONSIBLE FOR ANY MARKETING DECISIONS MADE BY THE CLIENT BASED ON ANALYTICAL DATA. THE CLIENT SHALL HOLD HARMLESS LUCID LLC FROM ANY MARKETING DECISION MADE BY THE CLIENT BASED ON ANALYTIC DATA PROVIDED BY LUCID.

E-COMMERCE & ONLINE STORE
THE CLIENT UNDERSTANDS AND AGREES TO PROVIDE LUCID WITH ALL IMAGES, CONTENT AND OTHER RELATED MATERIALS FOR THE CLIENT'S E-COMMERCE & ONLINE STORE. THE CLIENT SHALL HOLD HARMLESS LUCID LLC FROM ANY NEGATIVE OR POSITIVE SALES AND/OR INCREASE OR DECREASE OF REVENUE.

CUSTOMER RELATIONSHIP MANAGER
THE CLIENT UNDERSTANDS THAT THE CUSTOMER RELATIONSHIP MANAGER (CRM) IS PRESENTED AS IS AND MAKES NO WARRANTIES AS TO THE STATE, FUNCTIONALITY, OR USER INTERFACE OF THE CRM. THE CLIENT UNDERSTANDS THAT LUCID IS NOT RESPONSIBLE FOR THE INSTALLATION OF THE CRM UNLESS THE CLIENT HAS PURCHASED THE INSTALLATION PACKAGE. THE CLIENT UNDERSTANDS THAT LUCID IS NOT RESPONSIBLE FOR THE FAILURE OF INSTALLATION BY ANOTHER THIRD PARTY PROVIDER OR FOR MODIFICATIONS MADE TO THE CRM BY A THIRD PARTY PROVIDER. IF LUCID IS HIRED TO INSTALL THE CRM, LUCID WILL CUSTOMIZE ONLY THE SETTINGS OF THE CRM FOR THE CLIENT.

WEB CARE
THE CLIENT UNDERSTANDS THAT TO QUALIFY FOR WEB CARE THE CLIENT'S WEBSITE MUST BE BUILT OR CREATED BY LUCID AND THE CLIENT MUST HAVE MAINTAINED AN ONGOING WEBSITE MANAGEMENT PACKAGE FOR AT LEAST 3 YEARS WITH NO FAILED PAYMENTS OR GAPS IN SERVICE.

PERFORMANCE AND REVENUE
THE CLIENT AGREES TO HOLD HARMLESS LUCID FROM ANY PERFORMANCE ISSUES ARISING FROM MATTERS OUTSIDE THE CONTROL OF LUCID, PERFORMANCE ISSUES LUCID HAS NOT BEEN MADE AWARE OF BY THE CLIENT, PERFORMANCE ISSUES ARISING FROM THE CLIENT'S DOMAIN REGISTER OR ANY THIRD PARTY PROVIDER. THE CLIENT AGREES TO HOLD HARMLESS LUCID FROM ANY LOSS OF REVENUE FOR ANY REASON.

LUCID PORTFOLIO & MARKETING MATERIALS
BY PURCHASING A WEB DESIGN PACKAGE OR WEB SERVICE, THE CLIENT AGREES TO ALLOW LUCID TO USE SNAPSHOTS OR SCREEN IMAGES OF THE CLIENT'S WEBSITE FOR PROMOTIONAL PURPOSES, LUCID'S PORTFOLIO AND/OR ANY OTHER MARKETING RELATED PUBLICATIONS.

EMAIL MARKETING SUBSCRIPTION
BY PURCHASING A WEB DESIGN PACKAGE OR ANY OTHER SERVICE, THE CLIENT AGREES TO ALLOW LUCID TO SEND EMAIL CAMPAIGNS AND MARKETING MATERIALS TO THE CLIENT. THE CLIENT UNDERSTANDS THAT HE/SHE MAY UNSUBSCRIBE FROM EMAIL CAMPAIGNS AND MARKETING MATERIALS AT ANY TIME.

AUTOMATED TEXT MESSAGES
LUCID BELIEVES IN THE POWER OF FEEDBACK AND THE CLIENT UNDERSTANDS THAT LUCID MAY SEND THE CLIENT TEXT MESSAGES RELATING TO CUSTOMER SERVICE, TECHNICAL SUPPORT, THE CLIENT'S WEBSITE, OR SPECIAL OFFERS. THE CLIENT AGREES TO RECEIVE TEXT MESSAGES FROM LUCID AND ACKNOWLEDGES THAT HE/SHE MAY UNSUBSCRIBE FROM TEXT MESSAGES AT ANY TIME.   

MISCELLANEOUS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. LUCID’S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THIS AGREEMENT. LUCID LLC MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Share by: