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. "Materials" means the resume, documents, images, text and other content supplied by the Client.

1.2 Submission of an order constitutes acceptance of these terms. The Client represents that the Client is at least 18 years of age and has the legal capacity to enter into this agreement.

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 deliver a first draft of the Site within 72 hours of receipt of all required Materials, excluding weekends and public holidays. This delivery period is an estimate and does not constitute a guarantee or a condition of this agreement.

2.3 Revisions to the initial build are included until the Client approves the Site, provided that such revisions fall within the scope of the original order.

2.4 "Minor Revisions" means changes to existing text, the addition or amendment of roles, projects, links or contact details, replacement of the resume file, and substitution of photographs. Minor Revisions are included without additional charge and without limit as to frequency during an active subscription. Redesigns, structural changes to the Site, and additional functionality including but not limited to blogs, e-commerce facilities and booking systems are excluded and shall be quoted separately. No excluded work shall be performed without the Client's prior approval of the applicable fee.

3. Fees and payment

3.1 The Client shall pay a one-time build fee of $250 (United States dollars) together with the fee for the initial hosting term selected at the time of order: $25 for three months, $45 for six months, or $75 for twelve months.

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.

3.4 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 The build fee is refundable in full if the Client requests a refund before delivery of the first draft of the Site.

6.2 Following delivery of the first draft, the build fee is non-refundable, the Provider's obligation being limited to the revisions described in clause 2.3.

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

6.4 Notwithstanding clauses 6.2 and 6.3, where the Provider terminates the Services for a reason not attributable to the Client, the Provider shall refund 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.

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 personal 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. Acceptable use

10.1 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.

10.2 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.

11. Service availability

11.1 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.

11.2 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.

12. Term and termination

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

12.2 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 6.4 shall apply.

12.3 Clauses 8, 9, 13, 14 and 15 survive termination of this agreement.

13. Disclaimer of warranties

13.1 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.

13.2 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.

14. Limitation of liability

14.1 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.

14.2 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.

14.3 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.

15. Governing law and disputes

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

15.2 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.

15.3 Any dispute not resolved under clause 15.2 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.

16. General provisions

16.1 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.

16.2 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.

16.3 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.

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

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

16.6 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.