Terms of Service

1. Definitions and acceptance

1.1 "Resume Insite" means Sunrise Swell Ventures LLC, a Texas limited liability company trading as Resume Insite, with a business address at 5900 Balcones Drive STE 100, Austin, Texas 78731 ("the Provider"). "Client" means the individual who submits an order. "Services" means the website design, development, hosting, domain registration and maintenance described in these terms. "Site" means the website produced for the Client. "Version 1" means the first published state of the Site. "Publication" means Version 1 being made available to the public at the domain for the Site. "Materials" means the resume, documents, images, text and other content supplied by the Client.

1.2 The Client accepts these terms by confirming acceptance on the order form and submitting an order. In doing so the Client represents that the Client is at least 18 years of age and has the legal capacity to enter into this agreement, and acknowledges that hosting renews automatically under clause 4 until cancelled. The Provider keeps a record of the date and time of that confirmation.

1.3 These terms, together with the Privacy Policy, constitute the entire agreement between the parties and supersede all prior representations, proposals and communications, whether oral or written.

2. Scope of services

2.1 The Provider shall design and develop the Site from the Materials, register a domain for the Site unless the Client elects to supply an existing domain, host the Site, and perform Minor Revisions as defined in clause 2.4 for the duration of an active hosting subscription.

2.2 The Provider shall use commercially reasonable efforts to effect Publication of Version 1 within 72 hours of receipt of all required Materials, excluding weekends and public holidays. This period is an estimate and does not constitute a guarantee or a condition of this agreement. The Client's prior approval is not a condition of Publication.

2.2.1 The Provider may use automated tools, including artificial intelligence models supplied by third parties, to prepare a first draft of the Site from the Materials. Every draft is reviewed and edited by the Provider before it is shown to the Client or published. Drafts are prepared only from the Materials, and clause 8.3 applies to them.

2.3 For 7 days following Publication the Client may request changes to the content, layout or structure of Version 1 at no additional charge, provided that such changes fall within the scope of the original order. After that period the Minor Revisions described in clause 2.4 continue for the duration of an active hosting subscription.

2.3.1 Where the Client subscribes to the Unlimited Changes hosting plan, the changes described in clause 2.3 remain available at no additional charge for the duration of that subscription, in place of the 7 day period, and the exclusions at clause 2.4.1(c) to (g) continue to apply. The Provider shall carry out one such change at a time and may schedule requests made in close succession, so that the plan is not a right to concurrent or continuous rebuilding.

2.4 "Minor Revisions" means:

(a) changes to existing text, including corrections, rewording and the replacement of text with text supplied by the Client; (b) the addition or amendment of roles, projects, qualifications, awards, links and contact details of a kind already present on the Site; (c) replacement of the resume file; (d) substitution or addition of photographs and video in positions the Site already provides for them; (e) reordering of sections that already exist; (f) changes to the colour palette or to typefaces, within the existing design; and (g) changes to page titles and to the descriptive text used by search engines.

2.4.1 The following are excluded from Minor Revisions and shall be quoted separately: (a) a redesign, or any change to the layout, structure or navigation of the Site; (b) additional pages, and additional sections for which the Site provides no existing layout; (c) functionality the Site does not already have, including but not limited to blogs, e-commerce facilities, booking systems and forms; (d) logo or brand design; (e) the writing of new content by the Provider on the Client's behalf, as distinct from the arrangement of content supplied by the Client; (f) translation or an additional language version of the Site; and (g) a change of domain name.

2.4.2 Where it is unclear whether a request is a Minor Revision, the following test applies. If the request can be satisfied by editing content within the Site as it already stands, it is a Minor Revision. If it requires an additional page, a section that does not already exist, a change to the layout or navigation, or a capability the Site does not already have, it is not. Effort and time taken are not determinative.

2.4.3 Minor Revisions are included without additional charge and without limit as to frequency during an active hosting subscription. The Provider shall state whether a request is a Minor Revision before performing it, and shall not perform excluded work without the Client's prior approval of the applicable fee.

2.5 The Client shall supply all required Materials within 14 days of payment. Where the Client fails to do so, the Provider may cancel the order by written notice to the Client and shall refund the build fee in full. No deduction is made under this clause, the cancellation being at the Provider's election.

3. Fees and payment

3.1 The Client shall pay a one-time build fee of $99 (United States dollars) together with the fee for the initial hosting term and plan selected at the time of order. On the Standard plan: $25 for three months, $45 for six months, or $75 for twelve months. On the Unlimited Changes plan described in clause 2.3.1: $50 for three months, $90 for six months, or $150 for twelve months.

3.1.1 The Client may change plan at any time. A change takes effect at the start of the next hosting term and does not alter the fee for the term in progress.

3.2 Promotional codes, where validly issued, apply to the build fee only and shall not reduce hosting fees.

3.3 All payments are processed by Stripe, Inc. The Provider does not receive, process or store complete payment card details. The Client is responsible for all taxes applicable to the Client, and the Provider shall collect and remit sales tax where required by law.

3.3.1 The fees stated in this agreement do not include sales tax. Applicable sales tax is added at checkout, determined by the Client's billing address, and shown as a separate line.

3.4 Work shall commence upon confirmation of payment.

4. Automatic renewal of hosting

4.1 Hosting subscriptions renew automatically. At the conclusion of each hosting term, the subscription shall renew for a further term of equal length and the payment method on file shall be charged the then-current fee, until cancelled in accordance with clause 5.

4.2 Renewal terms are disclosed to the Client before payment is authorized. The Provider shall send a renewal notice to the Client's email address approximately 15 days before each renewal date.

4.3 The Provider may revise hosting fees. No revision shall affect a term already paid for. The Provider shall give the Client not less than 30 days' notice by email before any renewal at a revised fee, and the Client may cancel before that renewal date.

5. Cancellation

5.1 The Client may cancel at any time through the subscription management portal at resumeinsite.com/manage or by written notice to hello@resumeinsite.com. No cancellation fee or notice period applies.

5.2 Upon cancellation, the Site shall remain available until the expiration of the term for which payment has been made, after which the Provider may remove the Site from hosting.

5.3 Following cancellation the Provider shall, at the Client's election, transfer the domain registration to the Client or permit it to lapse, and shall on written request supply the files comprising the Site, subject to clause 9.

6. Refunds

6.1 A request for a refund shall be made in writing to hello@resumeinsite.com and takes effect on receipt by the Provider.

6.2 The build fee is refundable in full where the Client requests a refund within 24 hours of payment and before Publication. No deduction is made from a refund under this clause.

6.3 The build fee is not refundable where the request is made more than 24 hours after payment, or at any time after Publication.

6.4 Publication takes precedence over the period in clause 6.2. Where Publication occurs within 24 hours of payment, the build fee ceases to be refundable on Publication and the remainder of that period does not apply. On Publication the build fee is fully earned. This applies to the build fee alone; the Provider's obligations as to revisions under clauses 2.3 and 2.4 continue for as long as hosting is in force, and the Client may cancel hosting at any time under clause 5.

6.4.1 The Provider shall notify the Client by email on Publication. That notice states the date of Publication and that the build fee has become non-refundable, and the Provider shall retain a record of it. Where the Client considers the Website not to conform to the order, the remedy is the revisions process in clauses 2.3 and 2.4 rather than a refund.

6.5 Hosting fees are non-refundable once a term has commenced, including terms commencing on automatic renewal under clause 4.

6.6 Notwithstanding clauses 6.3, 6.4 and 6.5, where the Provider cancels an order or terminates the Services for a reason not attributable to the Client, the Provider shall refund the build fee in full together with the unused portion of the current hosting term.

7. Domain registration

7.1 Except where the Client supplies an existing domain, the Provider shall register a domain on the Client's behalf and shall hold that registration in the Provider's name for the duration of the subscription. The first year of registration is included in the build fee.

7.2 The Provider shall transfer the domain registration to the Client upon cancellation or upon written request at any time. Transfers are subject to the registrar's procedures and to any transfer lock period imposed on recently registered domains.

7.3 The Provider shall not transfer, sell or encumber the domain in favor of any third party, and shall not withhold transfer to the Client. In the event the Provider ceases to offer the Services, the Provider shall transfer each domain to the Client to whom it relates.

8. Client materials and warranties

8.1 The Client retains all ownership rights in the Materials. The Client grants the Provider a non-exclusive, royalty-free license to reproduce, adapt and publish the Materials solely for the purpose of producing, hosting and maintaining the Site.

8.2 The Client warrants that the Client owns or is licensed to use the Materials, that the Materials are accurate, and that their publication does not infringe the rights of any third party or violate any applicable law.

8.3 The Provider does not verify the accuracy of statements made by the Client concerning the Client's history, qualifications or experience, and shall not create or embellish such statements.

8.4 The Client shall indemnify the Provider against any claim, liability, loss or expense, including reasonable legal fees, arising from a breach of the warranties in this clause.

8.5 Client account. The Provider makes a client account available at resumeinsite.com/account, through which the Client may view the Site, answer questions about it and request changes. Access is granted by single-use links and codes sent to the email address on the order, or by a linked Google account. The Client shall keep access to that email address and Google account secure and shall notify the Provider promptly of any unauthorised access. The Provider may require verification against the order before restoring access to an account, and may suspend access where it reasonably suspects unauthorised use. A request made through the account has the same effect as a request in writing to hello@resumeinsite.com.

9. Intellectual property

9.1 All templates, source code, design systems, tooling and other materials developed by the Provider, including those incorporated into the Site, remain the exclusive property of the Provider.

9.2 Where files are supplied under clause 5.3, the Provider grants the Client a perpetual, non-exclusive, non-transferable license to use those files for the Client's own resume website. The Client shall not resell, sublicense, distribute or use those files to produce websites for any third party, or to offer any competing service.

10. Referral rewards

10.1 Referral codes are issued only to a Client who has paid for the Services. The holder of a code earns one hosting term at no charge for every three qualifying referrals, applied to the code holder's own hosting subscription at its existing term length. Where the code holder no longer holds a hosting subscription at the time a reward is earned, the reward lapses.

10.2 A Client using a valid referral code receives one additional month of hosting at no charge, added to the hosting term purchased. This addition is made after payment, does not reduce the build fee or any other sum payable at checkout, and applies in addition to any promotional code or launch offer for which the Client is eligible.

10.3 A referral qualifies when the referred Client has paid in full and Publication has occurred. Orders that are refunded, charged back or cancelled before Publication do not qualify and cease to count.

10.4 Referrals by a Client to their own orders, or to orders placed under an address controlled by the code holder, do not qualify.

10.5 Rewards are applied within 30 days of qualification. The Provider may vary or discontinue the referral program at any time, and any reward already earned shall be honored. No reward is exchangeable for cash.

10.6 Code holders shall disclose that they receive a reward when recommending the Services.

10.7 The Provider may issue partner codes to individuals or organizations that are not Clients, under a separate written arrangement. A Client using a valid partner code receives the benefit described in clause 10.2. Any reward payable to the holder of a partner code is governed solely by that arrangement, and clauses 10.1 and 10.5 do not apply to it.

11. Acceptable use

11.1 The Provider may decline to publish, or may remove, any content that is unlawful, defamatory, harassing, hateful, fraudulent, sexually explicit, or that impersonates another person or entity, and any content or use of the hosting that involves malware, unsolicited bulk email or attempts to compromise the Provider's systems.

11.2 The Provider shall notify the Client of the reason for any removal or refusal under this clause. In the event of a material or repeated breach, the Provider may terminate the Services without refund.

12. Service availability

12.1 The Provider does not warrant uninterrupted or error-free availability of the Site. The Services depend on third-party hosting, domain registration and payment providers.

12.2 The Provider shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, failure of telecommunications or hosting infrastructure, governmental action, labour disputes, or the acts or omissions of third-party service providers.

13. Term and termination

13.1 This agreement commences on acceptance of an order and continues until terminated in accordance with these terms.

13.2 The Provider may terminate the Services upon non-payment, upon breach of these terms by the Client, or upon discontinuation of the Services generally, in which case clause 6.6 shall apply.

13.3 Clauses 8, 9, 10, 14, 15 and 16 survive termination of this agreement.

14. Disclaimer of warranties

14.1 Except as expressly stated in these terms, the Services are provided "as is" and "as available". To the fullest extent permitted by applicable law, the Provider disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14.2 The Provider makes no representation or warranty as to any outcome arising from the Client's use of the Site, including employment, interviews, inquiries, search engine placement or traffic.

15. Limitation of liability

15.1 To the fullest extent permitted by applicable law, the aggregate liability of the Provider arising out of or relating to this agreement or the Services shall not exceed the total amount paid by the Client to the Provider in the twelve months preceding the event giving rise to the claim.

15.2 The Provider shall not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, business or opportunity, whether in contract, tort or otherwise, and whether or not the Provider was advised of the possibility of such damages.

15.3 Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Certain jurisdictions do not permit the exclusion of implied warranties or the limitation of incidental or consequential damages, and in such jurisdictions the foregoing limitations apply only to the extent permitted by law.

16. Governing law and disputes

16.1 This agreement is governed by the laws of the State of Texas, without regard to its conflict of laws provisions.

16.2 The parties shall attempt in good faith to resolve any dispute through written notice to the other party before commencing proceedings. Notice to the Provider shall be sent to hello@resumeinsite.com.

16.3 Any dispute not resolved under clause 16.2 shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and each party consents to personal jurisdiction and venue in those courts.

17. General provisions

17.1 Amendments. The Provider may amend these terms. The effective date at the head of this document indicates the date of the current version. Where an amendment materially affects an active subscriber, the Provider shall give notice by email before the amendment takes effect as to that subscriber. Continued use of the Services after the effective date constitutes acceptance.

17.2 Assignment. The Client may not assign this agreement without the Provider's written consent. The Provider may assign this agreement in connection with a transfer of its business, subject to clause 7.3.

17.3 Severability. If any provision is held unenforceable, that provision shall be modified to the minimum extent necessary, or severed, and the remaining provisions shall continue in full force.

17.4 Waiver. No failure or delay in exercising any right constitutes a waiver of that right.

17.5 Relationship of the parties. The Provider is an independent contractor. Nothing in this agreement creates a partnership, joint venture, employment or agency relationship.

17.6 Notices. Notices to the Provider shall be sent to hello@resumeinsite.com. Notices to the Client shall be sent to the email address supplied with the order, and are deemed received on the date sent.