Visual Media One Page Website Terms of Service

These terms apply if you signed up for one page website builder on or after March 1, 2025 and shall become effective and apply to all users on March 1, 2025.

Last updated March 4, 2025

1. Acceptance of Terms

By accessing and using the one-page website design service ("Service") provided by Visual Media ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use our Service.

2. Description of Service

Visual Media offers a one-page website design service, which includes the creation of a single-page website based on the Client's provided content and specifications. This Service may include, but is not limited to:

Design and layout of a single-page website (maximum 10 sections).
Integration of Client-provided text, images, and videos.
Basic optimization for mobile devices.
Hosting on carrd.co.
Domain name registration for the first year through Hover.com.
Implementation of an accessibility widget powered by UserWay to improve compliance with Web Content Accessibility Guidelines (WCAG 2.1).
Minor ongoing maintenance.
Assistance with content writing using AI tools.

3. Client Responsibilities

Content Provision: You are responsible for providing necessary content, including text, images, logos, and videos, in a timely manner and in the formats requested by Visual Media. You warrant that you own or have the right to use all content provided.
Accuracy of Information: You are responsible for the accuracy and completeness of all information provided to Visual Media.
Prompt Communication: You agree to respond promptly to Visual Media's inquiries and requests for feedback.
Compliance with Laws: You agree to ensure that your website content complies with all applicable laws and regulations.
Domain Responsibility: You are responsible for the annual renewal of your domain name registration after the first year.
Content Proofreading: You are responsible for proofreading and ensuring the accuracy of all content written on the website, including content generated with AI assistance.

4. Payment and Fees

One-Time Build Fee: A one-time build fee of $399.99 is required for the design and setup of the one-page website.
Subscription Fee: A recurring annual subscription fee of $119.88 ($9.99 per month billed annually) is required for ongoing website hosting on carrd.co and minor ongoing maintenance.
Domain Registration: The first year of domain name registration through Hover.com is included in the initial build fee. If you choose to use a different domain name registrar, the free domain registration does not apply.
Subscription Billing: Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged annually on the date of first payment until canceled.
Fee Changes: We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
Payment terms will be outlined in the invoice or agreement provided to you.
Visual Media reserves the right to suspend or terminate the Service for non-payment.

5. Intellectual Property

Client Content: You retain ownership of all content you provide to Visual Media.
Design Ownership: Upon full payment, Visual Media grants you a non-exclusive, perpetual license to use the final website design for your business purposes. Visual Media retains the right to use any design elements created in the process for other websites, portfolios or marketing purposes.
Third-Party Assets: Visual Media may utilize third-party assets (e.g., stock photos, fonts) which are subject to their respective licenses.

6. Revisions and Changes

The Service includes up to four rounds of revisions, as outlined in the service agreement or invoice. Additional revisions may be subject to additional fees.
Changes requested after the final approval of the website design may incur additional charges.

7. Website Hosting and Maintenance

The one-page website will be hosted on carrd.co. You agree to carrd.co's terms of service.
Your one-page website will include an accessibility widget powered by UserWay to improve its compliance with Web Content Accessibility Guidelines (WCAG 2.1). Please note that while UserWay aims to enhance accessibility, it does not guarantee full compliance with all accessibility standards.
The monthly service fee includes minor ongoing maintenance.
Visual Media will assist the client in writing the content for the one-page website using AI tools. You are responsible for proofreading and ensuring the accuracy of all content written on the website.

8. Limitation of Liability

Visual Media shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of data, loss of profits, or business interruption.
Visual Media's total liability shall be limited to the amount paid by the client for the service.
Visual Media is not responsible for the functionality or uptime of carrd.co or UserWay.

9. Termination and Cancellation

Visual Media may terminate the Service if you breach these Terms.
You may cancel a Subscription Service at any time. If you cancel a Subscription Service, you will continue to have access to their website through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.
Visual Media reserves the right to terminate the service at any time with or without cause, with a prorated refund if applicable.

10. Confidentiality

Visual Media agrees to keep your confidential information confidential as outlined on their Privacy Policy.
You agree to keep any Visual Media proprietary information confidential.

11. Governing Law

These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by New Jersey law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through arbitration.

General. You and Visual Media agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST VISUAL MEDIA. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Visual Media agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Visual Media should be sent by mail to Visual Media., Attn: Visual Media Arbitration Provision, 16 Stonicker Drive, Lawrence Twp, NJ 08648. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that state courts in the City and County of Trenton, NJ, or federal court for the state of New Jersey, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Commercial Arbitration Rules for that forum, except you and Visual Media will have the right to file early or summary dispositive motions and to request that the AAA’s Expedited Procedures apply regardless of the claim amount. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in San Francisco, California, at another mutually agreeable location or, if both parties agree, by telephone or videoconference. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Visual Media values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.

Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Visual Media also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Visual Media account or we first provide you with the right to reject this provision.

The Opt Out must be mailed to Visual Media., Attn: Visual Media Arbitration Provision, 16 Stonicker Drive, Lawrence Twp, NJ 08648. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Services. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the General Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.

Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Trenton, NJ, or federal court for in New Jersey.

13. Third Party Products & Services

All third party hardware and other products and services included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. VISUAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

15. Changes to Terms

Visual Media reserves the right to modify these Terms at any time. Changes will be posted on our website, and your continued use of the Service constitutes acceptance of the revised Terms.

16. Entire Agreement

These Terms constitute the entire agreement between you and Visual Media regarding the Service.

17. Contact Information

For any questions regarding these Terms, please contact us at office@visualmediaonline.com or 732-354-1123.