At Shape5 we are dedicated to saving you money! We sell memberships instead of individual products. With a membership you can download any or all products in a club, as many times as you want, all for the same price that most companies charge for just one single product! This means if you decide to change to different design later, you can do this without having to purchase a brand new design every time.
What if you could setup four websites for only $20 each? That is cheaper than most developers charge for a single theme or template. Our Best Value Membership does just this! For just $79.99 you can configure up to four sites using our designs, which equals to an incredibly low price of only $20 per website!
Note - A membership is not a subscription service. All products work as normal once your membership expires, and there are no automatic renewals.
You will be in direct contact with your developer throughout the whole process. If any questions arise or if you need to clarify anything they will be there to assist you throughout the time frame of the project.
Work With Shape5 Developers
You will be working with the same developers that build and code for the many Shape5 products you have come to know and love over the years. Our knowledgeable staff has the skills to get your job done right!
Custom Services Terms of Agreement
Take the time to carefully read the following terms and conditions. Your purchase or use of any Shape5 service implies that you have read and accepted the below terms and conditions.
You will not use Shape5 Custom Services if you:
1. are not able to agree to legally binding contracts; or
2. are under the age of 16; or
3. a person barred from receiving and rendering services; or
4. are suspended from using the Shape5 Website or Paypal Service
We may, at our sole discretion, refuse any person or company from using Shape5 Custom Services.
3. Using Shape5 Custom Services:
By using Shape5 Custom Services you will not:
1. infringe any local laws, third party rights or our site policies outlined here: http://www.shape5.com/terms_of_use.html
2. fail to deliver payment for any services delivered/rendered to you
3. Manipulate any payment processors or fees owed to Shape 5
4. distribute viruses or any other technologies that may harm Shape5 or it's users. In the event any malicious intent or software is discovered Shape5 will terminate all agreements and no refund will be issued for any remaining services. 4. Fees & Payments For Services
All fees and services are outlined on the Shape5 Custom Services page. Specific services are provided by a quote to the customer based on the services required. Upon receiving the quote it is your responsibility to review and accept the fees that will be charged to you based on the quote provided by Shape5. At any time Shape5 may change or modify the fees for promotional events or new services. Such changes will be reflected directly on the Shape 5 Custom Services page. We will under no situation provide price matching or refunds for changes in service costs.
Full payment is required upfront for all non-quote based services. Prices are outlined on the Shape5 Custom Services page and are non negotiable. For services requiring a quote Shape5 will provide an estimate and time frame for all services requested. The provided quote must then be accepted and paid in full before services will begin.
When you give us content, you grant us a non-exclusive, worldwide right to exercise any and all copyright, trademark, publicity, and database rights you have in the content or in any media known now or in the future.
You acknowledge and agree that:
(1) we have the right to take any action deemed appropriate by us with respect to your content;
(2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available by you and;
(3) any and all content submitted is subject to our approval. We may reject, approve or modify your content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libelous;
4. will not be obscene or contain pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include false or inaccurate information about an individual or group
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 6. Support
Support for Shape5 Custom Services is available Monday – Friday during regular business hours. All requests for support will be answered within 24 hours (or sooner) of your inquiry in most cases. Support for all services will be provided for 7 days after completion of the service(s). After 7 days we will require another service request be filled out on our site for additional work to be completed.
Depending on the service we may require the following additional information to ensure that a service can be completed without delay. We are not responsible for delays resulting from incorrect credentials being provided to the Shape5 Support Staff.
1. Email Address;
2. Joomla Super User Login;
3. FTP Access;
4. Cpanel Access;
5. Any other details we deem necessary for the service.
If you have any questions please email email@example.com for more information.
7. Live Coaching
Live coaching is a unique service that requires specific additional requirements to complete. These requirements are outlined below and are non negotiable:
1. Customer must speak fluent English and have the ability to understand verbal and written instructions.
2. Direct access to the customers screen must be provided via Team Viewer or equivalent software. The instructor may take control of your mouse at any time to provide direction or assist you in making changes.
3. A VOIP program such as Skype or Direct Telecommunications is required for Live Coaching interaction. It is the responsibility of the customer to pay any long distance charges if a VOIP program cannot be used. 8. Right To Review
We may test all uploaded files, programs and websites provided to us in relation to the service for the purpose of investigating fraud/risk management.
9. Identity / Know Your Customer
For large project quotes you authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
(1) Provide personal information such as your date of birth or address;
(2) take steps to confirm ownership of your email address or financial payment details; or
(3) verify your information through other sources
You must also, at our request, provide copies/scans of identification documents (such as your drivers' license). We reserve the right to close, suspend, or limit access to Shape5 Custom Services in the event we are unable to obtain or verify to our satisfaction the information which we requested under this section. All identification provided must match the details of your Verified Paypal Account.
10. Limits & Fraud Prevention
We reserve the right to suspend all services if the source of funds is suspected to be fraudulent. If we become aware that any funds transferred is the result of a fraudulent transaction we will notify all appropriate authorities and terminate all services without notice. Any content or services provided by Shape5 will then be removed from your website. Refusal to remove the service in the event of a payment dispute will result in a DMCA notice on your website.
11. Refund Policy
All Shape5 Custom Services are non-refundable and are considered an intangible/digital service. This means that no proof of delivery can be provided by us as modifications are made directly on the clients site without any evidence of completion. For this reason we are unable to provide refunds for any services once the purchase has been made and the funds have been transferred to our payment processor.
12. Charge Backs
In the event of a charge back from a payment processor we will cancel any remaining services and remove any content provided. You acknowledge and agree that we will be entitled to recover charge backs and reversals that may be imposed on us by a payment issuer or third parties (such as payment processors) on funds paid by you for any services requested. We will use collection agencies to claim payment for any services rendered as the result of a charge back. You will be responsible for any legal fees related to the use of these agencies and it's services.
13. Right To Refuse Service
We may close, suspend or limit your access to Shape5 Custom Services without reason if;
1. we determine that you have breached, or are acting in breach of, this User Agreement;
2. we determine that you have breached legal liabilities such as infringing someone's Intellectual Property Rights;
3. we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. you do not respond to account verification requests;
5. our payment processor or authorities have requested we do not provide services to you;
6. to manage any risk of loss to us, or any other person; or
7. for any other reason we deem necessary
If we terminate services due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
14. Work Refusal
Shape5 reserves the right to refuse or deny services on any project it deems necessary at it's sole discretion. In the event that a payment has already been processed but we are unable to complete the work within the required time frame, the customer will be notified and offered a full refund provided no work has been completed.
If you object to your information being used in this way then you may not use Shape5 Custom Services.
You will indemnify us (and our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Shape5 Website and Shape5 Custom Services.
You must immediately notify us upon becoming aware of any unauthorized access to your website. You are solely responsible for securing your web credentials and password. We will not be liable for any loss or damage arising from unauthorized access of your website. We require upon (completion of a service) that you change any credentials provided to us to protect both you and Shape5 from any type of unauthorized access.
18. No Insurance Or Warranty
We do not offer any form of insurance, or other Buyer/Seller protection. All services are always designed to work with the latest version of a CMS (Joomla/Wordpress) but we can give no guarantee that our products will work with future versions of these programs. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
We also make not guarantee that our products will function with third party extensions or scripts that are not part of the “Core CMS” package. In the event of a conflict with a 3rd party extension we may (at an additional cost) be able to provide debugging for the conflict in question. In the event a conflict cannot be resolved you will be required to remove the added script or extension from the website for the service to be completed.
19. Electronic Check Payments
If you choose to pay with an electronic check via Paypal, these funds must clear with your bank and Paypal before work will proceed. This process generally takes 3 to 6 business days. We encourage you to pay with Paypal funds or a credit card via Paypal.