Terms & Conditions

DanBrown.tv – Terms & Conditions

Kirkland Publishing (hereinafter “we” or “us” or “our”) is a registered company in Canada with a registered address at 11 Rue Cavalier, Kirkland, Quebec H9J1M6, Canada, with numbered company 9330-2198 QUEBEC INC.

These are the terms and conditions of our website that provides nearly all of the tools anyone would need to advertise their website. By using this website, entrepreneurs or aspiring entrepreneurs (hereinafter “you” or “your”) agree to these terms and conditions.

1. The WYSIWYG of our website

We don’t want to be abstract about what we do here so here is what you get.

1.1 This site provides you with a fully hosted WordPress website and much more. Built on a WordPress platform users get the reliability and functionality that WordPress is renowned for plus innovative and cutting edge software developed by us to provide the optimal work-flow experience for our users and tools to enhance the user experience.

1.2 If you are a beginner to marketing, this site provides tutorials and interaction through a Facebook group as well as our Dan Brown TV Academy to help you develop the skills you need to potentially create and grow a business online.

1.3 For those of you who already have experience in digital marketing you will find that the site provides you with an optimum work-flow experience through our unique and specially developed dashboard and tools as well as the video tutorials, Facebook Group and Academy to help you hone your skills and improve your lead generation.

1.4 Our primary membership provides most of the tools and services you will ever need to publish your website online, however we have other add–on or upgraded services and tools available that support other areas you may require assistance in, such as bespoke design, website development, and fully integrated marketing.

2. The Standard membership package

This is the standard package that was discussed above that provides a ready made website and access to the work-flow tools and services necessary for members to publish their website and advertise across the Internet.

2.1 This is what the membership includes:

• A hosted WordPress website
• Website software within WordPress to provide a highly enhanced work-flow and user experience
• Kirkland Publishing’s design themes and design tools
• A single domain name (more can be purchased at additional costs)
• Simple audio player
• Certain Premium WordPress plugins (we reserve the right to add to or remove from the list of included premium plugins at any time)
• 24/7 Tech Support (with limitations and restrictions as outlined in these T&Cs)
• Regular and secure website backups
• Website patches and upgrades in line with WordPress’s release schedule
• Access to the range of DanBrown.tv educational content
• Advertising help and support
• Tutorial library

2.2 Each Standard membership allows you to manage one website

2.3 Domain name service: we act as a domain provider service. With the membership you can either use an existing domain name owned by you that we migrated over to our hosted service or create a new and unique domain name for your podcast service. The domain name will then be registered and managed through us. Alternatively, you can simply point your current domain name’s DNS records at our servers.

2.4 Standard membership is personal and must be used by the member or by the member’s team for the member. No part of the software or service can be used for resale whatsoever.

2.5 Cost: Membership is $299.00 USD.

2.6 If you wish to purchase multiple memberships in order to create multiple websites, discounts may be available. To see full details of any discounts available for multiple memberships please contact us.

3. Additional Flat rate services

3.1 Website Migration: A one – time fee of $147.00 USD will be charged for anyone wishing to have an existing website integrated into our infrastructure of websites.

3.2 Audio media hosting: Storage of MP3 files for each file is available for $10.00 USD per month. This provides unlimited storage of all audio files subject to fair use (we reserve the right to determine what constitutes “fair use”), download statistics and the creation of a single RSS feed. For each additional website hosted with it’s own RSS feed, a fee of $10.00 will be charged per month.

3.3 The Dormant plan: Active membership plans can be converted to a Dormant plan with 30 days notice. The monthly fee for the plan is $10.00 USD and members can be re-instated back to a full Standard plan at any time by request. The Dormant plan will still allow access to the tutorial library, Dan Brown TV Academy and limited support services but the full tools and services needed to publish will not be available. On the Dormant plan, a member’s website will also be suspended both to the public and for members to edit. This is ideal for entrepreneurs wishing to take a break.

3.4 We reserve the right to run promotions around these additional services or any other part of the product at any time. Anyone having purchased these additional services or any other service prior to any discount offers being run will not be eligible for a refund or price reduction.

3.5 We reserve the right to run promotions around these additional services or any other part of the product at any time. Promotions are available only for new or renewing service or product purchases and cannot be retroactively applied to any completed purchases for services or products.

4. Other Add-Ons

4.1 Design services – Although our website provides the tools for you to create your own designs, you may find it easier and more efficient to use our design services. The cost for these services will vary depending on your creative needs. All design services are non-refundable, non-transferable and cannot be resold by any member, to anyone else. For more information on the design services available please contact us.

4.2 Affiliate programm – we no longer provide an affiliate programm that allows you to refer prospective members to. We reserve the right to withold payouts pending investigation if we believe that a referral is fraudulent (e.g. using your own link, for yourself) and we reserve the right to change the maturity period, minimum payout and affiliate commission rate at any time.

4.3 More Add-Ons will be added on as we add them on

5. Payment

5.1 All payments are made automatically using either STRIPE or PAYPAL.

5.2 Prices of all our products on this website are in USD (U.S. Dollars) to accommodate our global market. USD is a more universally accepted global online currency than CAD. Even if we as Canadian people believe the Canadian dollar is way cooler.

5.3 Non-payment or delay of payment may result in immediate suspension of your membership and website(s).

6. Our Chips and Salsa centre (where hardware is located)

6.1 For Website hosting data of our European members we use a server centre in France.

6.2 For those members outside the EU we utilise a large server facility in Canada.

6.3 Complete back-ups are stored using Amazon back-up services with servers located in the Oregon, United States.

6.4 Media (audio) files such as MP3’s are stored in a server centre in Beauhamois, Canada.

6.5 For more information about how and where your data is stored please see our privacy policy.

7. Fat fingers v Ghetto Code (what we are & are not liable for)

7.1 We are responsible for ensuring to the best of our ability the following:

• Site accessibility (Both literally and figuratively)
• Availability of the range of tools, resources and services we have promised
• Website support within 24 hours of a report from you that something has borked (support available for Standard members only) (Any query deemed to be for bespoke work rather than support may be chargeable and any individual support query resulting in more than 30 minutes of work from us may also be chargeable at our discretion.)
• Applying any security patches as they become necessary and available.
• Updating versions of all plugin software
• Complete backup of all materials and information using Amazon backup services.

7.2 We are not liable for any of the following:

• Reliability of open source plugins or any other third party software.
• RSS feed issues or interruptions.
• Applicability of advice provided by the Academy or in the video library to your specific needs.
• The success or failure of your advertisements including its ability to pass approval for inclusion on Facebook or other advertising platforms.
• The success or failure of your website against your personal or business goals.
• Knowing and addressing the legal and regulatory compliance issues for your jurisdiction
• The accuracy of statistics or analytics beyond their usefulness in determining general information helpful to tracking member websites and in line with industry standards for such statistics and analytics tools.

7.3 Under no circumstances can we be held liable by you for any damages in excess of the amount paid for up to 12 months of membership.

8. Digital Doppelganging and other no-no’s

8.1 Using a Digital Doppelganger or other method anonymising yourself online through your membership is not permitted if used for the purposes of avoiding or evading legal ramifications caused by your content.

8.2 Double dipping – Using a single membership or hosting package to create or store multiple podcast programmes or websites without use of the options set out above for these functions. We cannot always monitor for this so ask that you abide by this fair use requirement.

8.3 Fronting – Hosting somebody else’s podcast or content other than your own. For example, using this site to host and produce a podcast, whether for a fee or for free, for a third party.

8.4 Outside back ups – creating a complete back–up copy of your podcast website using either WordPress plugins or other means is strictly prohibited. Creating your own back ups of individual elements you have created and uploaded is acceptable.

8.5 We have opened our kimono so we ask that you please do not post any nudie picks of us online. In other words we have created and shown you a unique and innovative tool (pun sort of intended) and it is our property so you are not allowed to duplicate it for your own benefit. It’s not nice; it’s not legal. This includes duplicating and using any component of our services or site either during membership or after termination.

8.6 You are not permitted to use our website to create any illegal, discriminatory, offensive or otherwise objectionable content and we reserve the right to remove any such content and terminate any membership of anyone who does so

9. Data policy

9.1 In the event of a data breach, the point of contact is the Chief Technology Officer, Wael Rajab who is also our Data Protection Officer. We will report the breach to the relevant supervisory authority within 72 hours of the organisation becoming aware of it also we will notify affected venues within 72 hours of becoming aware of the breach.

10. Termination

10.1 You may terminate your membership at any time for any reason by giving us 30 days notice. You will still be subject to the payment terms outlined in section (2) above.

10.2 If we have done something to substantially breach these terms and conditions, you must give us an ohnosecond to respond and remedy the breach. For the purposes of this Agreement an ohnosecond is measured as 28 working days. If we are unable to remedy the breach in that time period you are able to cancel immediately without further obligation to pay any future fees.

10.3 We reserve the right to temporarily suspend or permanently terminate you if we believe you have violated the terms of use for our website or are requested to do so by any regulatory, governmental or legal authority.

10.4 We do not offer refunds for any fees (membership or additional) paid prior to termination or cancellation except within the initial 7 days of signing up for membership.

10.5 After membership is terminated you will receive a zip file of all your website content (content only) as well as audio media files if applicable, plus a “cut off report” of your download statistics. Once the zip file has been received all material will be deleted from our servers and will no longer be recoverable. Please note after receipt of your ZIP file you will become solely responsible for the security of your content. Please be careful with it as we will not be able to help you recover lost data no matter how much we would like to.

10.6 After account is terminated, we will provide one redirect of your RSS feed if needed. Following this, you are solely responsible for your RSS feed and it’s inclusion in directories.

11. DOCTYPE (This is the gibberish at the end of the document that tells you the specific rules and laws that need to be followed when interpreting the rest of this document.)

11.1 We reserve the right to amend, modify or replace these terms and conditions from time to time. If any substantial changes occur, you will be notified via email. However you will not be notified of any minor updates or changes and it is recommended that you review these terms and conditions on a regular basis and prior to any new purchases.

11.2 By registering a user account you expressly agree to the Terms and Conditions herein. Continued use of this website by maintaining an active user account amounts to an express agreement to any revisions, amendments or changes to these terms and conditions.

11.3 Each term and provision herein shall be valid and enforceable to the fullest extent permissible by law. In the invalidity, illegality or unenforceability of any provision shall not affect or impact the enforceability of any of the remaining terms and instead shall be deemed replaced by a term or terms that are valid and enforceable and come close to expressing the intent of the term found invalid, illegal or unenforceable.

11.4 We acknowledge that we are a data controller for the purposes of the Data Protection Act 1998. The user consents to the use of their data as outlined in our privacy policy and we are compliance in our processes and procedures with the requirements of the Data Protection Act 1998.

11. 5 These Terms and Conditions are subject to the Jurisdiction and the Courts of Canada and will be governed by the Laws of Canada.

11.6 These Terms and Conditions together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of this website and shall supersede all previous agreements between us in relation to your use of the Website.