The Turn Group Legal Terms and Policies

Date Modified: March 16, 2025

Legal Policies Agreement: By accessing, browsing, or utilizing the website of The Turn Group, located at www.theturngroup.com and its subdomains ("Website"), you unconditionally and irrevocably agree to be bound by all terms, conditions, and policies of The Turn Group, including but not limited to the Service Level Agreement, Terms of Website Use, Privacy Policy, Refund Policy, Billing Policy, Hosting Policy, Cookie Policy, Referral Policy, Social Media Policy, Copyright Policy, Backup Policy, Cancellation Policy, and any other operational policies, as may be amended from time to time (collectively, "Policies"). Additionally, any client who has engaged or is currently engaging with any services provided by The Turn Group, including but not limited to website design, development, consulting, or hosting, is automatically and irrevocably bound by these Policies, irrespective of separate contractual arrangements. Such access or engagement constitutes a clear, affirmative, and legally enforceable manifestation of assent to these Policies in their entirety, effective immediately upon initial interaction with the Website or commencement of service engagement, without exception, reservation, or requirement of further notice. You acknowledge that conspicuous links to these Policies are provided on the Website, affording reasonable opportunity to review, and your continued use or service engagement signifies ongoing acceptance of all current and future modifications.

Governing Law and Exclusive Jurisdiction: This agreement is governed exclusively by the laws of the State of Missouri, without regard to conflict of law principles. You waive any defense or claim contesting enforceability, including lack of notice, absence of express consent, or unilateral amendment, as such rights are expressly surrendered herein. The Turn Group reserves the absolute right to enforce these Policies against any user or client, and any dispute arising hereunder shall be resolved solely in the state or federal courts of Clay County, Missouri, to whose jurisdiction you irrevocably submit. If you do not consent to all terms and conditions herein, you are prohibited from accessing or using the Website or engaging with our services and must cease interaction immediately. These Policies govern all future engagements and supersede any contradictory terms unless expressly agreed otherwise in writing.

Force Majeure: The Turn Group shall not be liable for delays or failures in performance due to events beyond our reasonable control, including but not limited to natural disasters, cyberattacks, pandemics, governmental actions, power outages, or third-party service disruptions. In such events, performance timelines may be extended as reasonably necessary, and The Turn Group is excused from any resulting non-performance without penalty.

Dispute Resolution: All disputes arising under these Policies shall first be addressed through good-faith negotiation between the parties within 30 days of written notice. Unresolved disputes shall proceed to binding arbitration under the rules of the American Arbitration Association (AAA) in Missouri. Each party shall select one arbitrator if no mutual choice is made within 14 days; the two arbitrators shall then select a third. The arbitrator may award costs and reasonable attorney’s fees as deemed appropriate, and arbitral awards are final and enforceable in Missouri courts. By accessing our Website, engaging our services, or submitting payment via credit card, you irrevocably waive all rights to initiate chargebacks under any circumstance. You acknowledge that arbitration, as outlined herein, is the sole and exclusive remedy for resolving disputes with The Turn Group. Initiating a chargeback constitutes a material breach of this agreement, causing The Turn Group irreparable harm, including potential loss of merchant processing services, financial instability, and operational disruption. You agree that The Turn Group may recover liquidated damages for such breaches, including but not limited to officer time billed at $150 per hour, all attorney fees, court costs, and any expenses incurred due to the loss or impairment of credit card processing privileges company-wide. Violations of this chargeback prohibition may result in The Turn Group pursuing legal action against you for all damages sustained, and you shall be liable for all prosecution costs, including reasonable officer and legal fees. This waiver is a fundamental condition of service acceptance and payment authorization, conspicuously agreed to by your continued use or payment submission.

Limitation of Liability: Except as expressly provided in these Policies, The Turn Group’s liability for any claims, whether for breach of warranty, negligence, or otherwise, shall be limited to the total amount paid by you to The Turn Group under the specific service engagement giving rise to the claim. You expressly waive any claim for indirect, incidental, special, or consequential damages, including lost profits or data, even if advised of such possibility, except in cases of The Turn Group’s gross negligence or willful misconduct.

Out-of-State Litigation Prohibition and Cost Recovery: You agree that any legal action or proceeding arising from or related to these Policies or The Turn Group’s services shall be brought exclusively in the state or federal courts of Clay County, Missouri. Initiating a lawsuit in any other jurisdiction constitutes a material breach of this agreement. Should you file such an action outside Clay County, Missouri, you shall be liable for all costs incurred by The Turn Group in responding to or defending against it, including but not limited to travel expenses, executive time billed at $150 per hour for officers, directors, employees, owners, partners, investors, and contractors, attorney fees, court costs, and any damages awarded or settlements paid. This provision ensures that The Turn Group’s resources are not unjustly burdened by your failure to adhere to the agreed jurisdiction.

Officer and Contractor Indemnity and Personal Liability Waiver: The Turn Group is a Missouri limited liability company (LLC), and all services are provided through the entity, not as personal obligations of its officers, directors, employees, owners, partners, investors, or contractors (collectively, “TTG Personnel”). You irrevocably waive any right to name TTG Personnel in any lawsuit, claim, or proceeding related to these Policies or services, agreeing that liability rests solely with The Turn Group LLC, absent proven fraud or willful misconduct by an individual. You shall indemnify and hold harmless TTG Personnel from any claims, damages, or expenses (including legal fees) arising from attempts to impose personal liability. Any such attempt is a breach of this agreement, entitling The Turn Group to recover damages, including TTG Personnel time at $150 per hour, attorney fees, and prosecution costs. This waiver protects the corporate veil and ensures TTG Personnel are not personally targeted.

Frivolous Claims Penalty: You agree not to initiate baseless or frivolous claims against The Turn Group or TTG Personnel. Should a court or arbitrator determine your claim lacks merit, you shall reimburse The Turn Group for all defense costs, including attorney fees, court costs, and executive time at $150 per hour, to deter vexatious litigation.

Class Action Waiver: You waive any right to participate in a class action, consolidated action, or representative action against The Turn Group or TTG Personnel related to these Policies or services, agreeing to resolve disputes solely on an individual basis through arbitration or Clay County, Missouri courts.

Non-Waiver and Severability: The Turn Group’s failure to enforce any provision of these Policies does not constitute a waiver of its rights to do so later. If any provision is deemed invalid or unenforceable by a court, the remaining provisions remain in full force, and the invalid provision shall be reformed to the maximum extent permitted to protect The Turn Group and TTG Personnel.

Policy Amendments: The Turn Group reserves the right to amend these Policies at its sole discretion without prior notice. Continued use of the Website or services constitutes your acceptance of all revised terms without requirement of direct notification.

Contact Information: Inquiries should be directed to The Turn Group, 1855 Bent Oaks Dr, Liberty, MO 64068, 877-Web-Desk, [email protected].

SLA - Service Level Agreement

1. SLA Overview

   The following constitutes The Turn Group (“TTG”, “we”, “us”, “our”) service level agreement and commitments to Client/Owner (“you”, “your”, “customer”). This SLA communicates what you can expect regarding our website support, development, and hosting services, as well as our practices, warranties, and guarantees as they apply to your project. Questions may be directed to our contact information in the Legal Policies Agreement.

2. Service Level Description

   This SLA applies to websites developed, separate development or support projects, and hosting services provided by TTG, including any code written for your project(s).

3. Scope of SLA

   This SLA describes the level of website/project/hosting support provided during and after project completion, including how your website or project is fully managed and supported on our hosting servers, as detailed in the Hosting Policy.

4. Initial Consultation

   Our initial consultation includes a one-time (1-hour) discussion and time to quote your submitted requirements, provided free with no obligation.

5. Consulting Services (Preparation for Project)

   Consulting exceeding 1 hour falls under paid services: Project Development ($150/hour) or SEO Strategies ($250/hour), billed 100% upfront and non-refundable due to immediate resource allocation. Graphic Design (e.g., logos, print materials under Branding) is $150/hour, non-refundable due to subjective design scope.

6. Requirements (Scope of Project)

   For initial project development, submit requirements to [email protected] for a quote. Hosting support under 4 hours is billed upon completion; 5+ hours requires a quote and 50% down payment. Verbal service requests without contracts are billed weekly/monthly as agreed.

7. Our Services

   TTG provides: Consulting, Branding (including Graphic Design), Business Mentorship, Business Development, Website Design, Website Development, Website Management/Support, Website Hosting, Website Training, and Website Marketing, with sub-services as detailed in Section 8.

8. Support Services

   Support includes but is not limited to:

   • Website – consulting, updates, optimizations, training, SEO best practices.
   • Development – page creation, content upload, code creation/fixes, component/module install, setup, configuration.
   • Assistance – collection, review, upload, and implementation of site content.
   • Migration – transfer to our hosting server, content to CMS, setup, configuration.
   • Training – maintenance, updates, CMS systems, SEO, content publishing, best practices.
   • Hosting – site configuration, uploading, Flex Plan implementation, file configuration, backup assistance, optimization.
9. Support Ticket Priorities and Response Times

   Tickets are processed first-come, first-served with priority based on issue:

   • Low – Up to 48 hours response; completion based on request.
   • Medium – Up to 24 hours response; completion based on request.
   • High – Up to 12 hours response; completion based on request.
   • Critical – Phone call required; resolution TBD.
10. Support Hours and Rates

    TTG operates 24/7 but prefers non-weekend/holiday work unless needed:

    Standard Hours: Monday-Friday, 8 AM-5 PM CT – $150/hour (non-SEO), $250/hour (SEO).

    Weekend Hours: Friday 5 PM-Monday 8 AM CT – $250/hour (if available).

    Holiday Hours: Closed on national holidays – $400/hour (if available). TTG reserves the right to decline weekend/holiday work, striving to accommodate you. Rates apply regardless of responsibility.

11. Support Access

    Contact methods are free for brief inquiries (<15 minutes); longer engagements are billed. Use ticket system for tracking, 877-WEB-DESK for text, or [email protected]. FAQ support is available. See Section 12 for standard method.

12. Standard Support Contact Method

    Use the portal ticket system for tracked support. Response times apply only here. High/Critical requests require phone follow-up.

13. TTG Responsibilities

    TTG provides infrastructure, tools, personnel, and processes for timely support per this SLA and Hosting Policy. Non-Solicitation: You agree not to solicit or hire TTG employees/contractors for 24 months post-service without written consent. Violations incur a fee equal to 12 months of the individual’s salary as liquidated damages.

14. Customer Responsibilities

    You must: use the ticket system for timed support; respond to TTG within 24 hours; review your website weekly; plan requests around holidays/weekends; maintain component licenses and provide updates; request PHP updates within 90 days of release; request CMS/component updates within 30 days; pay invoices within 5 days of invoice date or per contract.

15. Support Limitations

    Support is provided by TTG teams based on request type. Ticket priorities may adjust due to volume; Critical status remains unchanged. Our goal is an empty queue daily (99% success rate).

16. Server Support Limitations

    Server requests are handled by our team or escalated to datacenter support (first-come, first-served). Proprietary software (e.g., Linux, cPanel) isn’t supported, though we assist at $150/hour. See Hosting Policy for details.

17. Third-Party Software Support Limitations

    TTG isn’t responsible for third-party updates breaking your site. Post-warranty updates to TTG code due to third-party changes are billed at $150/hour. You must update CMS/extensions within 30 days of release, or TTG may update at $150/hour without notice.

18. W3C and WCAG/ADA Validation

    TTG code passes W3C validation; third-party code compliance requires a quoted project. WCAG/ADA compliance is your responsibility unless engaged.

19. Warranties and Updates

    TTG work is warranted for 90 days, passing W3C compliance. Fixes are free if TTG code breaks; third-party/CMS/server issues are excluded and billed at $150/hour.

20. Hosting Account Definitions

    Flex Plans include Physical File Storage ($25/month for server space) and Flex Development Time (developer hours at $150/hour, e.g., Flex Plan 1 = 1 hour, $175 total). You allocate time monthly, excluding graphic design, video, or SEO (separate rates). See Hosting Policy for limits.

21. Hosting Account Updates and Warranties

    TTG isn’t liable for update-related breaks; fixes are at $150/hour. Flex Plans include a dev account for testing. Warranties apply only to TTG-produced work.

22. Flex Plan Accounts

    Plans range from Flex Plan 1 ($175, 1 hour) to Flex Plan 15 ($2,275, 15 hours). See details.

23. Flex Plan Uptime Guarantee

    99.9% uptime; refunds per Refund Policy for Physical File Storage only (100-98%: none; 97-94%: 10%; 93-90%: full $25). TTG isn’t liable for client-caused downtime.

24. Flex Plan Account Rollover Time

    Unused time rolls over for 3 months; no refunds or transfers.

25. Indemnity

    TTG indemnifies you against third-party IP claims from our work, limited to amounts paid, with options to secure rights or refund if infringed. You must notify TTG promptly in writing.

26. Cancellation Policy

    Cancellation of any weekly, monthly, recurring services—including but not limited to SEO, website support, consulting, hosting, or any non-contractual development work—requires a minimum of 30 days’ written notice.

    Notice of cancellation may be submitted via phone call, text message, email, or through the client portal.

    Abrupt cancellations without notice will result in a termination fee equal to the average monthly billing rate over the prior three months, due immediately. In the event of abrupt cancellation, services will be suspended immediately, and we may require payment of the full 30-day termination fee upfront before turning any services back on.

    This policy applies whether the engagement was initiated by contract, proposal, or informal verbal/written agreement. It exists to protect against sudden personnel and infrastructure reallocations and ensures operational continuity.

Terms of Website Use

1. Terms of Website Use Overview

   These Terms of Website Use ("Terms") govern access to and use of The Turn Group website, located at https://www.theturngroup.com and its subdomains ("Website"), operated by The Turn Group, a Missouri-based company providing website design, development, consulting, and hosting services. Use of this Website constitutes acceptance of these Terms. Disagreement with these Terms prohibits use of the Website.

2. Permitted Use

   The Website is provided for informational purposes and to facilitate engagement with The Turn Group’s professional services. Users shall access and utilize the Website solely for lawful purposes, refraining from any actions that violate applicable Missouri or federal laws, attempt unauthorized system access, introduce malicious code, or disrupt Website operations.

3. Intellectual Property Ownership

   All original content, including text, graphics, and software, displayed on the Website remains the exclusive property of The Turn Group, protected under Missouri and U.S. intellectual property laws. Unauthorized reproduction, distribution, or modification of such content is prohibited without prior written consent from The Turn Group.

4. Service Availability

   The Turn Group endeavors to maintain Website accessibility but reserves the right to modify, suspend, or discontinue any aspect of the Website at its discretion, without prior notice. The Turn Group bears no financial responsibility or liability for any loss or damages resulting from such discontinuance or unavailability, regardless of the cause.

5. External Links

   The Website may include hyperlinks to external third-party sites not controlled by The Turn Group. Access to these sites is at the user’s sole risk, and The Turn Group disclaims responsibility for their content, functionality, or associated practices.

6. Warranty Disclaimer

   The Website is offered on an "as is" and "as available" basis, without any express or implied warranties, including merchantability, fitness for a specific purpose, or non-infringement. The Turn Group does not guarantee error-free operation or freedom from technical defects.

7. Limitation of Liability

   Under no circumstances shall The Turn Group, its officers, employees, or affiliates be liable for indirect, incidental, special, or consequential damages arising from Website use, including but not limited to loss of profits or data, even if informed of such potential damages. Total liability for any claim under these Terms is limited to $100, as permissible under Missouri law.

8. User Indemnification

   Users agree to indemnify and hold harmless The Turn Group and its affiliates from any claims, damages, or expenses, including legal fees, arising from misuse of the Website or violation of these Terms, to the extent permitted by Missouri law.

9. Confidentiality

   Both parties agree to maintain the confidentiality of proprietary information disclosed during service engagement (e.g., The Turn Group’s processes, user data), not disclosing it to third parties without written consent, except as required by law. This obligation survives termination of engagement.

10. Governing Law

    These Terms are governed exclusively by the laws of the State of Missouri. Any disputes arising hereunder shall be adjudicated solely in the state or federal courts of Clay County, Missouri, to which users irrevocably submit jurisdiction, subject to the Dispute Resolution process in the Legal Policies Agreement.

11. Access Termination

    The Turn Group may terminate or restrict Website access at its sole discretion, without notice, for conduct deemed in violation of these Terms or for any other reason.

12. Agreement Scope

    These Terms, in conjunction with all Policies referenced in the Legal Policies Agreement, represent the complete understanding between users and The Turn Group concerning Website use. Amendments are governed by the Legal Policies Agreement.

Hosting Policy

1. Hosting Policy Overview

   This Hosting Policy governs all hosting services provided by The Turn Group (“TTG”, “we”, “us”), including Flex Plans (shared hosting with Flex Development Time) and managed dedicated servers, as detailed in the Service Level Agreement. TTG manages hosting infrastructure, while dedicated server hardware and datacenter services are provided by third-party datacenters. This policy outlines acceptable use, resource limits, security, termination rights, and client responsibilities to ensure reliable service delivery.

2. Scope of Hosting Services

   Flex Plans include Physical File Storage ($25/month) and Flex Development Time (1-15 hours/month) on shared servers managed by TTG. Dedicated servers are provisioned through our datacenter partner, managed by TTG for software and support, with physical equipment and network uptime maintained by the datacenter. TTG does not provide hosting support for third-party services (e.g., external VPS, shared hosting not managed by TTG).

3. Acceptable Use Policy (AUP)

   Clients must use hosting services lawfully and in compliance with Missouri and U.S. laws. Prohibited activities include:

   • Hosting illegal content (e.g., pirated software, child exploitation materials).
   • Distributing malware, viruses, or phishing content.
   • Engaging in spamming or unsolicited bulk email (see Section 5).
   • Hosting adult content, gambling, or cryptocurrency mining without prior written approval.
   • Conducting denial-of-service (DoS) attacks or bandwidth-intensive activities disrupting other clients.
   • Using hosting as a file repository (e.g., video storage, backups exceeding 10GB) beyond standard website needs.
   • Reselling hosting services without TTG’s explicit consent.

   Violations may result in immediate suspension or termination per Section 7.

4. Resource Limits and Usage

   Hosting services are designed for standard website operations (e.g., HTML, CSS, images, scripts). ‘Unlimited’ bandwidth and storage are subject to fair use limits:

   • Storage: Up to 50GB per account; exceeding requires upgrade or approval.
   • Bandwidth: Up to 500GB/month; excessive use impacting server performance may trigger throttling or suspension.
   • File Types: Video/large file hosting beyond typical website needs (e.g., >10GB total) is prohibited without a dedicated server plan.

   TTG monitors usage and may restrict accounts exceeding these thresholds to maintain service quality, with notice provided where feasible.

5. Server Updates and Client Responsibilities

   TTG may update server software or security protocols to ensure compliance and stability. Clients must update their websites within 30 days of notice (sent via email, two attempts 14 days apart). By engaging TTG hosting, you willfully authorize TTG to make necessary updates to your website to maintain compatibility with our servers if you fail to respond or update within this period, billed at $150/hour. Non-compliance may result in suspension; TTG is held harmless from any damages (e.g., data loss, downtime) arising from such updates or suspension.

6. Email and Spam Restrictions

   TTG does not support third-party email hosting (e.g., Google Workspace, Microsoft 365) on our servers; clients using such services manage them independently. For TTG-hosted email:

   • Mass email lists (>500 recipients/month) require a dedicated IP and SSL certificate ($40/year) to prevent IP blacklisting.
   • Spamming (unsolicited bulk email) is prohibited and may lead to immediate suspension.
   • TTG is not liable for blacklisting due to client email activity; clients indemnify TTG against such consequences.
7. Security and Compliance

   TTG implements reasonable security measures (e.g., firewalls, updates) for shared and dedicated servers. Clients are responsible for:

   • Securing website content, applications, and credentials.
   • Updating CMS/plugins within 30 days of release, per SLA Section 17.
   • Reporting breaches promptly via the client portal.

   TTG is not liable for breaches due to client negligence or third-party software vulnerabilities. Datacenter-level security (e.g., physical access, power) is the datacenter’s responsibility.

8. Suspension and Termination Rights

   TTG may suspend or terminate hosting immediately, without notice, for:

   • AUP violations (Section 3).
   • Non-payment 45 days past due (per Billing Policy Section 7).
   • Security risks (e.g., hacking, malware) threatening server integrity.
   • Excessive resource use disrupting other clients.

   Other terminations require 30 days’ notice. Suspended accounts may be restored per Billing Policy Section 6. Terminated accounts may have data deleted, with non-sensitive data claimed to offset unpaid balances, per Missouri law.

9. Uptime Guarantee

   TTG targets 99.9% uptime for shared servers, with refunds per SLA Section 23 (Physical File Storage only). Dedicated server uptime is managed by TTG but reliant on datacenter performance; TTG is not liable for datacenter-caused downtime (e.g., hardware failure, natural disasters).

10. DMCA Compliance

    For copyright infringement claims, submit written notice to [email protected] with:

    • Identification of the copyrighted work.
    • Location of the infringing material.
    • Your contact details and good-faith belief of unauthorized use.
    • A signature affirming accuracy under penalty of perjury.

    TTG will investigate, remove content if warranted per the DMCA, and notify the client. Counter-notices follow DMCA procedures.

11. Third-Party Services and Support

    TTG does not provide support for third-party hosting or services not managed by TTG (e.g., external VPS, third-party email platforms). Clients using such services assume full responsibility for configuration, security, and compliance.

12. Client Indemnification

    Clients indemnify and hold TTG harmless from claims, damages, or expenses (including legal fees) arising from their content, usage violations, or third-party service issues, to the extent permitted by Missouri law.

13. Policy Amendments

    Amendments are governed by the Legal Policies Agreement.

Privacy Policy

1. Privacy Policy Overview

   The Turn Group is committed to protecting the privacy of individuals interacting with our services as a website design, development, consulting, and hosting provider. This Privacy Policy outlines our practices regarding the collection, use, and safeguarding of personal information submitted through email correspondence, contractual agreements, and our billing system. This policy applies solely to information provided to us through these channels and does not extend to data collected via other means addressed elsewhere.

2. Information Collection

   We collect personal information necessary to facilitate our professional services, including names, contact details (e.g., email addresses, phone numbers), and billing-related data submitted via email communications, executed contracts, or our secure billing system. This information is gathered solely to fulfill service obligations and maintain client relationships.

3. Use of Information

   Personal information collected is utilized exclusively to provide and improve our services, process transactions, and communicate with clients regarding their projects or accounts. The Turn Group does not sell, rent, or trade personal information to third parties for marketing or any other purposes. Information may be used internally or on trusted third-party platforms for service enhancement or legal compliance as required by Missouri law.

4. Data Security

   We implement reasonable technical and organizational measures to protect personal information from unauthorized access, disclosure, alteration, or destruction. These safeguards are designed to maintain the confidentiality and integrity of data stored within our billing system and other internal records, in accordance with industry standards.

5. Data Retention

   Personal information is retained only for as long as necessary to fulfill the purposes for which it was collected, meet contractual obligations, or comply with applicable legal requirements under Missouri and federal law. Upon expiration of this period, data is securely deleted or anonymized, unless otherwise required for ongoing service provision.

6. Information Sharing

   We may disclose personal information to trusted service providers acting on our behalf to process payments or perform essential business functions, provided such providers adhere to strict confidentiality obligations. Disclosure may also occur if compelled by law, court order, or to protect the rights and safety of The Turn Group or others, as permitted under Missouri statutes.

7. Your Rights

   Individuals may request access to, correction of, or deletion of their personal information held by The Turn Group, subject to verification of identity and legal limitations. All requests of this nature should be directed to [email protected]. We will respond within a reasonable timeframe as required by applicable law.

8. Children’s Privacy

   Our services are not directed to individuals under the age of 18. The Turn Group does not knowingly collect personal information from children under 18. If such information is inadvertently collected, it will be deleted promptly upon discovery.

9. Policy Amendments

   Amendments to this Privacy Policy are governed by the Legal Policies Agreement, with continued engagement signifying acceptance of updated terms.

Refund Policy

1. Refund Request Procedure

   To initiate a refund request, clients must submit a ticket to our Billing Department via The Turn Group client portal at https://www.theturngroup.com/hosting/clientarea.php. Navigate to the support section, select the Billing Department option, and provide all necessary details pertaining to the refund request.

2. Hosting Account Refunds

   The Turn Group hosting services, as defined in the Service Level Agreement under Flex Plans and detailed in the Hosting Policy, comprise Physical File Storage ($25/month for server space) and Flex Development Time (developer hours). A 30-day money-back guarantee applies solely to the Physical File Storage fee ($25), provided the request is submitted within 30 days of the initial billing date. Flex Development Time is non-refundable due to pre-allocated expert resources reserved for your priority service.

3. Dedicated Server Refunds

   Due to the specialized nature of dedicated server provisioning, including setup time and resource allocation, no refunds shall be issued for dedicated server purchases under any circumstances. Cancellation requests must be received prior to the next billing cycle commencement. If cancellation occurs post-billing, no refund will be provided for the current billing period, and access persists until the cycle’s conclusion.

4. Rollover Time Refunds

   Flex Plans include a monthly Flex Development Time allotment, with unused portions subject to a three-month rollover period. Unused time expires after 91 days without refund or credit and is non-transferable to other accounts.

5. Account Downgrade Refunds

   Clients electing to downgrade to a lesser Flex Plan must provide written notice via the client portal at least 30 days prior to the desired effective date. Downgrades take effect at the subsequent billing cycle’s start. No refunds or prorations are issued for the current cycle, and unused Flex Development Time is non-refundable and non-transferable.

6. Domain Name Purchase Refunds

   Domain name purchases are final and non-refundable due to the irrevocable nature of domain registration processes, consistent with industry standards.

7. SSL Certificate Refunds

   Hosting services include a complimentary shared SSL certificate. Dedicated SSL certificates, purchased annually with a dedicated IP address, are non-refundable due to implementation efforts and fixed-term nature. Clients may request uninstallation or transfer, forfeiting the IP address, with no refund provided.

8. Services Refunds

   Services beyond hosting (e.g., website design, development, SEO, consulting, graphic design) are refundable only for uncompleted work if requested before agreed deadlines. Completed services (e.g., backups, restorations, graphic design once initiated) are non-refundable due to custom deliverables and subjective scope. Graphic design refunds are excluded post-initiation. Refunds are evaluated case-by-case per the Billing Policy and conducted fairly.

9. Pre-Purchased Block Time and Deposits

   Pre-purchased Flex Development Time blocks or project deposits are refundable only within 30 days of purchase for unused time, as tracked internally. Post-30 days, funds convert to time credits, non-refundable in cash. Request available time balances via the client portal.

10. Policy Amendments

    Amendments are governed by the Legal Policies Agreement.

Cookie Policy

1. Cookie Policy Overview

   The Turn Group utilizes cookies on its website, www.theturngroup.com and associated subdomains ("Website"), to enhance user experience and optimize functionality. This Cookie Policy outlines the types, purposes, and management of cookies deployed by The Turn Group, distinct from other operational practices addressed in related policies.

2. What Are Cookies

   Cookies are small text files placed on a user’s device by a website to store information about browsing activities. These files enable the Website to recognize returning users, remember preferences, and improve navigation efficiency.

3. Types of Cookies Used

   The Turn Group employs the following cookie categories:

   • Essential Cookies: Necessary for core Website functionality, such as accessing secure areas and maintaining session continuity.
   • Performance Cookies: Collect anonymous data on Website usage (e.g., page visits, load times) to enhance performance and identify technical issues.
   • Functionality Cookies: Enable personalized features, such as retaining login status or display preferences across visits.
4. Purpose of Cookies

   Cookies are used to ensure operational integrity, analyze Website performance, and tailor user interactions. The Turn Group does not utilize cookies for advertising or tracking beyond the scope of Website functionality and service improvement.

5. Third-Party Cookies

   Certain third-party services integrated into the Website (e.g., analytics tools) may deploy cookies. These are governed by the respective third-party policies, and The Turn Group does not control their operation or data handling practices.

6. Cookie Management

   Users may control cookie preferences through their browser settings, including accepting, rejecting, or deleting cookies. Disabling essential cookies may impair Website functionality. Instructions for managing cookies are available in browser documentation.

7. Consent

   By continuing to use the Website, users consent to the deployment of cookies as described herein. A cookie consent notice may appear upon initial access, providing an opportunity to review this policy.

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8. Policy Amendments

   The Turn Group reserves the right to modify this Cookie Policy at its discretion without prior notice. Continued use of the Website constitutes acceptance of any revised terms.

Client Referral Policy

1. Referral Policy Overview

   The Turn Group offers a client referral program to incentivize recommendations of our website design, development, and consulting services. This policy outlines the terms, eligibility, and conditions under which referral fees are awarded, distinct from other service-related agreements.

2. Referral Fee Structure

   The Turn Group will pay a referral fee equal to 5% of the total value of a one-time project agreement, payable upon project completion and full payment by the referred client. For example, a completed and fully paid $70,000 website project entitles the referrer to a $3,500.00 fee, issued via check. Referral fees apply solely to initial project agreements and are not offered for subsequent projects with the same client or for hosting services, including Flex Plans as defined in the Service Level Agreement.

3. Referral Process

   To qualify for a referral fee, the referrer must contact The Turn Group prior to the referred client’s engagement, providing the client’s name and project details via email to [email protected] or by phone at 877-Web-Desk. Referrers may request anonymity, in which case The Turn Group will not disclose their identity to the referred client. Notifications of referrals received after project commencement or full payment are ineligible for fees.

4. Eligibility Conditions

   Referral fees are contingent upon the following:

   • The referred project must be a one-time agreement (e.g., website design, development, or consulting) and not a recurring service.
   • The referrer must notify The Turn Group before project engagement begins.
   • The referred client must complete the project and remit full payment as per the Billing Policy.
5. Ineligibility for Referral Fees

   No referral fee will be awarded under the following circumstances:

   • The referral is for hosting services, including Flex Plans or add-ons such as SSL certificates or IP addresses.
   • The referred client engages The Turn Group for additional projects beyond the initial agreement (e.g., a second project five months later).
   • The referrer fails to contact The Turn Group prior to project commencement or payment completion.
   • The referred project is canceled, terminated, or unpaid by the client.
   • The referrer is an employee, contractor, or affiliate of The Turn Group with a pre-existing duty to promote services.
6. Payment of Referral Fees

   Upon verification of project completion and payment, The Turn Group will issue the referral fee via check to the referrer’s provided address within 30 days. The referrer is responsible for ensuring accurate contact and payment details are submitted.

7. Program Discretion

   The Turn Group reserves the right to approve or deny referral fees at its sole discretion, including cases of suspected fraud, misrepresentation, or non-compliance with this policy or applicable laws.

8. Policy Amendments

   The Turn Group may modify this Client Referral Policy at its discretion without prior notice. Continued participation in the referral program constitutes acceptance of any revised terms.

Social Media Policy

1. Social Media Policy Overview

   This Social Media Policy governs interactions with The Turn Group’s social media presence and establishes rights and responsibilities related to content shared by or with The Turn Group, a Missouri-based provider of website design, development, consulting, and hosting services. This policy applies to all clients, users, and entities engaging with our services and social media platforms.

2. Content Submission and Usage Rights

   By engaging The Turn Group’s services, clients grant The Turn Group an irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and display any content related to projects undertaken, including but not limited to website designs, development work, images, graphics, client names, logos, and testimonials, for marketing and promotional purposes across The Turn Group’s social media platforms and other marketing channels. This includes showcasing completed projects and identifying clients as references unless explicitly restricted. Clients may opt out of content usage by emailing [email protected] within 30 days of project start, limiting use to non-confidential project details.

3. User Conduct on Social Media

   Users interacting with The Turn Group’s social media accounts (e.g., via comments, posts, or messages) shall refrain from:

   • Posting unlawful, offensive, defamatory, or harassing content.
   • Sharing proprietary or confidential information without authorization.
   • Engaging in spamming or unsolicited promotional activities.

   The Turn Group reserves the right to remove or block content or users violating these standards at its sole discretion.

4. Content Ownership and Responsibility

   Users submitting content to The Turn Group’s social media platforms represent and warrant that they own or have rights to such content and that it does not infringe third-party rights. The Turn Group disclaims liability for user-generated content and may utilize such submissions for promotional purposes under the license granted herein.

5. Social Media as Communication Channel

   While The Turn Group maintains an active social media presence, official support requests and contractual matters must be directed through channels outlined in the Service Level Agreement. Social media interactions do not constitute formal agreements or service commitments.

6. Third-Party Platforms

   The Turn Group’s social media activities occur on third-party platforms (e.g., Facebook, Twitter, LinkedIn), each governed by its own terms and policies. Users are subject to those terms in addition to this policy when engaging with our accounts.

7. Monitoring and Privacy

   The Turn Group does not guarantee the privacy of information shared via social media due to the public nature of these platforms. Users assume responsibility for data disclosed in such interactions.

8. Policy Amendments

   Amendments are governed by the Legal Policies Agreement.

Copyright Policy

1. Copyright Policy Overview

   The Turn Group respects intellectual property rights and maintains this Copyright Policy to govern the use, display, and ownership of content on its website, www.theturngroup.com and associated subdomains ("Website"), as well as materials related to its website design, development, consulting, and hosting services. This policy establishes The Turn Group’s rights and obligations concerning proprietary and third-party content.

2. Ownership of Original Content

   All original content created by The Turn Group, including text, graphics, code, and designs displayed on the Website, is the intellectual property of The Turn Group and protected under U.S. copyright law and Missouri statutes, unless otherwise indicated. Unauthorized reproduction, distribution, or modification of such content is prohibited without express written consent from The Turn Group.

3. Use of Third-Party Materials

   The Website may feature materials, including logos, designs, and other creative works, provided by clients, contractors, or other entities with whom The Turn Group collaborates. Such materials are displayed with the implied or express permission of the respective rights holders for purposes of showcasing professional capabilities, demonstrating industry expertise, or fulfilling contractual obligations. The Turn Group asserts no ownership over third-party materials unless explicitly stated and utilizes them in good faith under applicable fair use doctrines or licensing agreements.

4. Portfolio and Promotional Content

   Content within The Turn Group’s portfolio or promotional materials reflects projects and collaborations undertaken or represented by The Turn Group. Display of such content is intended to illustrate professional experience and service quality. Where third-party contributions are included, The Turn Group relies on permissions granted through client agreements, contractor arrangements, or industry-standard practices, ensuring compliance with intellectual property rights to the fullest extent practicable.

5. Fair Use and Attribution

   The Turn Group may incorporate references to external works or industry examples on the Website for educational, illustrative, or commentary purposes. Such use is conducted under the principles of fair use as permitted by U.S. copyright law, with attribution provided where required or appropriate, and does not imply ownership or direct creation by The Turn Group unless specified.

6. Infringement Claims

   If you believe content on the Website infringes your copyright, submit a written notice to The Turn Group at 1855 Bent Oaks Dr, Liberty, MO 64068, or [email protected], including:

   • Identification of the copyrighted work claimed to be infringed.
   • Identification of the allegedly infringing material with sufficient detail to locate it.
   • Your contact information and a statement of good faith belief that the use is unauthorized.
   • A signature (physical or electronic) affirming the accuracy of the claim under penalty of perjury.

   The Turn Group will investigate and, if warranted, remove or adjust the contested content in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.

7. Limitations of Liability

   The Turn Group shall not be liable for unintentional infringements arising from third-party submissions, misrepresentations of ownership, or reliance on permissions believed to be valid. Any disputes regarding content ownership shall be resolved based on contractual agreements, documented consents, or legal determinations under Missouri jurisdiction.

8. Policy Enforcement

   The Turn Group reserves the right to remove or modify any Website content at its discretion to address potential infringement or ensure compliance with this policy, without prior notice to users or contributors.

9. Policy Amendments

   The Turn Group may revise this Copyright Policy at its discretion without prior notice. Continued use of the Website or engagement with our services constitutes acceptance of any updated terms.

Backup Policy

1. Backup Policy Overview

   The Turn Group recognizes the importance of data backups and implements specific procedures to safeguard client website and project files. This Backup Policy delineates the scope of backup services provided, client responsibilities, and limitations of The Turn Group’s liability, ensuring clarity in expectations and obligations distinct from other service agreements.

2. Hosting Client Backups

   The Turn Group provides limited backup services for hosting clients under its Flex Plans, as defined in the Service Level Agreement. These services are subject to the following conditions:

   • Server-Level Backups: Website data is backed up to The Turn Group Amazon S3 account with the following schedule: daily (retaining the last 7 days), weekly (retaining the last 4 Saturdays), and monthly (retaining the first of each month). Restoration from these backups incurs a $150.00 fee per instance.
   • Development Account Backups: Each Flex Plan includes a development account for staging or backup purposes. The Turn Group does not perform backups of development accounts; clients may utilize this space for their own backup needs.
   • Data Center Backups: The data center hosting The Turn Group’s servers does not provide independent backups of client websites.
3. Client Backup Responsibilities

   Clients bear primary responsibility for maintaining backups of their website and data. The Turn Group provides tools to facilitate this, including:

   • cPanel Backup: Clients may initiate full site backups at any time via their cPanel account at https://hosting.theturngroup.com:2083/.
   • Client Portal Backup: Full site backups may be initiated through the Hosting Account Portal at https://www.theturngroup.com/hosting/clientarea.php?action=products by selecting the backup icon.
   • Onsite Website Backup: Clients may use installed Akeeba software in their website’s admin area to perform backups prior to making changes, recommended at each login.

   Clients are solely accountable for executing and storing these backups independently of The Turn Group’s server-level services.

4. Project File Backups

   Project files, including client-submitted documents (e.g., via forms, email, or drop-boxes) and materials produced by The Turn Group (e.g., designs, code, correspondence), are retained on a two-factor authenticated secure server for a minimum of one year from receipt or creation. Two-factor authentication enhances security beyond standard credentials. After one year, The Turn Group reserves the right to delete such files at its discretion without notice.

5. Limitations of Responsibility

   The Turn Group shall not be held liable, financially or otherwise, for any loss, corruption, or unavailability of client websites, data, or project files under any circumstances, including but not limited to:

   • Acts of God (e.g., natural disasters, floods, earthquakes) affecting data centers or infrastructure.
   • Hardware failures, including server crashes or hard drive malfunctions.
   • Internet outages or connectivity disruptions beyond The Turn Group’s control.
   • Data center server failures or operational interruptions.
   • Amazon S3 service disruptions or failures impacting backup storage.
   • Client failure to maintain independent cPanel, portal, or website-level backups.
   • Server hacking, security breaches, or unauthorized access at the website or server level, whether resulting from third-party actions, vulnerabilities in client-managed content, or external cyberattacks.
   • Hosting service-level incidents, including but not limited to software exploits, misconfigurations, or breaches not directly attributable to gross negligence by The Turn Group.

   The Turn Group disclaims responsibility for any direct, indirect, incidental, consequential, or punitive damages arising from data loss, security incidents, or service disruptions, including lost profits, business interruption, or data recovery costs, regardless of foreseeability or cause.

6. Backup Service Constraints

   Backup services provided by The Turn Group are offered as a courtesy and not a guarantee of data preservation or security. Availability of server-level backups is subject to technical limitations, storage capacity, and third-party service reliability. The Turn Group does not warrant the completeness, integrity, or restorability of backups and reserves the right to suspend or modify backup schedules without notice.

7. Security and Hosting Service Limitations

   The Turn Group implements reasonable measures to secure its hosting infrastructure but does not guarantee immunity from security breaches, server hacking, or website-level vulnerabilities. Clients are responsible for securing their own website content, applications, and access credentials. The Turn Group shall not be liable for losses resulting from:

   • Compromise of client-managed website components (e.g., plugins, themes, or custom code).
   • Failure to update software or apply security patches as recommended in the Service Level Agreement.
   • Breach of client login credentials or unauthorized access by third parties not employed by The Turn Group.
   • Server-level incidents beyond The Turn Group’s reasonable control, including exploits of third-party software or hosting platform dependencies.

   No assurance is provided that hosting services will prevent all data loss or security incidents, and The Turn Group disclaims all monetary liability for such events.

8. Client Indemnification

   Clients agree to indemnify and hold harmless The Turn Group, its affiliates, and personnel from any claims, losses, or expenses (including legal fees) arising from data loss, security breaches, or failure to maintain adequate backups or security measures, to the fullest extent permitted by Missouri law.

9. Policy Amendments

   The Turn Group may revise this Backup Policy at its discretion without prior notice. Continued use of our services constitutes acceptance of any updated terms.