Overview

This website is operated by AG Design. Throughout the site, the terms “we”, “us” and “our” refer to AG Design. AG Design offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

AG-PT Group Inc. dba AG Design

Terms & Conditions

Last Updated on June 15, 2024

1. Introduction

By signing up or using any of the services of Terra Forma Inc. (“Floranext”), the Floranext user (“you”) is agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Floranext under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), by contract (“Proposal Services”), or at all. Any such services offered by Floranext are referred to in these Terms of Services as the (“Services”). Any new features or tools that are added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://andrewgreerdesign.com/terms.

Floranext reserves the right to update and change the Terms of Service by posting updates and changes to the Floranext website. You are advised to check the Terms of Service occasionally for any updates or changes that may impact you.

You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a client user.

Andrew Greer
Creative Director + Partner
www.andrewgreerdesign.com
andrew@andrewgreerdesign.com

2. Account Terms

1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2. To access and use the Services, you must register for a “AG Design” account (“Account”) by providing your full legal name, Business address, phone number, valid email address, and any other information indicated as required by the Floranext Sales Department.

3. You acknowledge that AG Design will use the phone number and or email address you provide as the primary method for communication.

4. You are responsible for keeping your password secure. AG Design cannot and will not be liable for any loss, damage, or misuse from your failure to maintain the security of your Account and password.

5. You are responsible and liable for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”).

6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Floranext will result in an immediate termination of your service.

7. AG Design provides cloud-based software to help your flower shop keep track of orders, take payments, and maintain a website.

8. AG Design is responsible for server maintenance and SSL on the website checkout page.

9. It is the responsibility of the customer to ensure all orders are entered properly, payments are recorded and any applicable credit card payments are deposited.

10. At no time will your data or your customer’s data be sold.

11. The customer is responsible for filling incoming orders and communicating with their customers. Floranext will not interact with customers on your behalf.

3. Account Services

3.1 Floranext Account

The person signing up for the Service will be the contracting party (“Account Owner”) for our Terms of Service and will be the person who is authorized to use any correspondent account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3.2 Deposit

A one-time, non-refundable deposit (see Deposit’ on the Cost List) will be collected upon signing up. This deposit will be applied as a credit to your first month’s bill. Successful receipt of the deposit is required to begin using AG Design. Should you choose not to complete onboarding, this deposit is non-refundable.

3.3 Package Pricing

Your package and monthly price can be found in the Billing section of your AG Design Dashboard. To find your Billing section, see this article.

3.4 Billing

Once the website is made live, the POS or Advanced Proposal Manager setup is complete (whichever comes first if you are on a combination package), billing will begin. For example, if you have signed up for POS + Web + Proposals and started using the POS + Proposals, you will be billed for only POS + Proposals until the Website is live. For combination packages that include the Advanced Proposals, if the website or POS is live, billing for proposals will begin too. We will grant 30 days thereafter to make the other product of your package live or your package will be changed accordingly.

To receive a discount package price, all products of the package must go be live, on billing.

The credit card on file will be charged a prorated amount for the first month and then the recurring package amount will be automatically processed on the 1st of each month. Billing details including price, the credit card on file, and history can be found in the Billing section of your AG Design Dashboard.

3.5 Users and Account Management

System users including account owner(s), employees, and other accounts are solely managed by the Account Owner and management team. The Account Owner is solely responsible for ensuring the security of system passwords. AG Design cannot add, remove, or revoke access for system users.

3.6 Suspension and Termination

AG Design may suspend your service after three attempts to charge the card on file. You may be notified by email and by a note on the top of your AG Design Dashboard of any failed credit card attempts. It is solely your responsibility to ensure your payment information is up-to-date and to ensure your full billing success by monitoring your admin dashboard, and/or contacting the AG Design billing department to ensure payment is made. AG Design reserves the right, at its sole discretion, without notice and at any time, to terminate non-paying customers. Floranext also reserves the right, at its sole discretion, without notice and at any time, to terminate you if we suspect that you have engaged in fraudulent activity in connection with the use of Services. Notification of suspension or termination will be made in writing to the customer’s email.

3.7 Cancellation. & Refunds

AG Design service is offered without a contract required and if no contract is signed you may cancel your AG Design package by writing to email (aaron@andrewgreerdesign.com). You may specify a cancellation date of the current day or any date in the future. No prorated refunds are offered if you cancel mid-month.  If you wish to avoid charges for the following month, you must cancel by the last day of the current month. Successfully canceled subscriptions will receive an email confirmation. If a contract is signed, the terms of that contract supersede these terms where applicable.

AG Design operates with a strict policy regarding refunds, as outlined here in our terms and conditions. AG Design does not offer refunds for products or services once they have been purchased or utilized. This policy is in place to maintain fairness and consistency for all customers. It’s important for customers to carefully consider their purchases and ensure they align with their needs and expectations. While Floranext strives to provide high-quality products and services, any issues or concerns should be addressed promptly through its customer support channels for resolution.

3.8 Change of Ownership

You must notify AG Design if your store is changing owners. An account specialist will coordinate the change.

3.9 Business Location

AG Design requires that customers provide accurate information about the business location(s) in conjunction with Services. It is the sole responsibility of businesses to communicate accurate business location and business name information on websites. AG Design reserves the right, at its sole discretion, without notice and at any time, to terminate all Services if you add inaccurate business location and/or name information to the website(s).

Websites

6.1 Product Images, Images & Banners

Product Images provided by Floranext are licensed by Floranext for your use in the promotional materials in your Floranext POS & Website. Floranext product images may not be modified, altered, adapted, or changed, in whole or in part.

Floranext Product images are copyrighted and can only be used with/on a Floranext Website/ Floranext Website Subscription.

Businesses can use their Image material or purchase copyright material on their Floranext website. Floranext is not responsible for any fines pursued by the use of images not obtaining copyright or licensing.

Banners are created and licensed by Floranext for your use in the promotional materials on your Floranext website. Floranext banners may not be modified, altered, adapted, or changed, in whole or in part. Floranext provides new banners each year for categories in the Floranext System. Custom banners can be created and used with the use of their material or purchased copyright material. Floranext is not responsible for any fines pursued by the use of images not obtaining copyright or licensing.

Floranext banners are copyrighted and can only be used with/on a Floranext Website/ Floranext Website Subscription.

Logos created by Floranext and provided to businesses can be used and kept during the duration they are with Floranext. Breaking a contract or leaving Floranext is an agreement that the business can no longer use its logo.

6.2 Website Customization

Your Onboarding Representative will provide you with a general introduction on how to set up your website. Your Representative will be available to answer questions that you may have during the setup process. However, they will not personally be responsible for the setup of your website (adding products, adjusting the theme, creating pages, etc.).

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account (“Materials”). Floranext reserves the right to remove any items from your floral website that we feel break the agreement with Floranext or due to copyright infringement.

Any material that is copyrighted should not be used on your Floranext website. If a business receives a removal letter, it is its Sole responsibility to communicate with the other Business to remove those items from your website and payment of fees (If applicable). Copyright questions can be forwarded to Floranext for assistance.

6.3 Third Party Tools

Floranext does not officially support third-party tools or integrations that are not directly provided by Floranext or its authorized partners. While we understand that some florists may wish to enhance their experience by using third-party tools, there are inherent risks involved with such integrations.

6.3.1 Risks of Third-Party Tools

Third-party tools can have varying levels of compatibility with Floranext’s platform and may not always function as intended. There are several risks associated with using such tools, including but not limited to:

• Breakage: Third-party tools may disrupt the normal functioning of your Floranext website, leading to technical issues, errors, or downtime.

• Security: Third-party tools may compromise the security of your Floranext account and website, potentially exposing sensitive customer data or leading to other security vulnerabilities.

• Data Integrity: Third-party tools may impact the accuracy and integrity of your data stored within Floranext’s systems.

• Customer Support: Floranext cannot provide comprehensive customer support for third-party tools. Our support resources are dedicated to addressing issues related to our platform’s core features and services.

If you have questions about a specific feature or third-party tool and its compatibility with Floranext, we recommend contacting Floranext Customer Support. Our team is available to provide guidance, answer your questions, and help you make informed decisions about enhancing your Floranext experience.

The decision to use third-party tools or integrations with Floranext is at the sole discretion of the florist. Floranext assumes no responsibility for any issues, disruptions, or security breaches that may result from the use of such tools. Floranext reserves the right to limit or restrict access to its platform if it determines that a third-party tool is causing harm or compromising the integrity of the Floranext ecosystem.

Floranext is committed to delivering a reliable and secure platform for florists to thrive in the digital age. We appreciate your understanding of the risks associated with third-party tools and encourage you to reach out to our Customer Support team for any assistance or guidance you may need. Your success is our priority, and we are here to support you within the boundaries of this policy.

6.4 Product Catalogs

It is your responsibility to upload your shop’s products on your website or POS. Please contact Floranext for available product catalogs and pricing.

(Please note: We do not have the corresponding “recipes” available for product catalog items. pricing of products in additional product catalogs is standard and may need to be adjusted by the shop due to costs. Images for products are provided by the additional product catalog company and are not the responsibility of Floranext. )

All product catalogs are non-transferable and you are responsible for all uploaded content.

Product Import

Product imports can be completed upon request. Files must be provided in a specific format as outlined, see How Do I Import Products?  See the Cost List for the cost.

6.5 SEO Consultation

Floranext offers One (1) 30-minute, complimentary SEO Consultation after your site has gone live. During this meeting, a member of our Success Team will review your website with you. They will offer insight into ways you can improve your website so that you rise higher in search engine rankings. They will also go over the importance of things like Yelp and Google business reviews and how these can affect your website rankings. We do not guarantee any search engine ranking or advice on setting up Google Analytics, Google Ads, or other services.

6.6 Domain Ownership

You retain ownership of your domain and are responsible for purchasing, renewing, and contacting your registrar regarding questions or issues.

To make your website live, Floranext name servers must be added to your domain’s DNS. Your Onboarding Representative can supply you with the name servers and instructions on how to update them or, if you prefer, you can give Floranext access to your domain registrar account to add the name servers.

Once your website is pointed, your DNS records will be managed by Floranext. If any DNS records need to be added or modified, email them to support@floranext.com for prompt assistance. Common needs for custom DNS records are vanity email setup or website verification.

6.7 Subdomain

If you wish to use a subdomain (eg. “shop.yoursite.com”), please let your Onboarding Representative know as soon as you begin working on your website setup. This will allow them to make sure your site is set up in the correct way both on Floranext and on your DNS provider.

6.8 Vanity (Custom) Email Addresses

You are welcome to pick an email client to set up a vanity email (a personalized email address that uses your site’s URL, eg. mary@mysitename.com.) The email client you choose (common ones are GoDaddy, Outlook, and Gmail) will provide the DNS records (such as MX records or TXT records) they require for your vanity email to work – these are specific to the email client you choose. Send those DNS records to your onboarding or support@floranext.com to have them added to your DNS records.

Floranext is not responsible for troubleshooting vanity email setup issues, please ask your email client for assistance. All we can do is set up the DNS records provided and show proof we have set them up, but if your vanity email is not able to send or receive emails, refer to your email client for help.

6.9 Going Live (Publishing Site)

Once you are ready to make your Floranext website live, your Onboarding Representative will point your website live. Note you will always retain ownership of your domain. It may take hours to days for the site to propagate across the internet and be visible to all users and for the SSL secure site to be fully set up  – Floranext is not responsible for any loss of revenue due to propagation time, SSL or other DNS related issues.

6.10 AG Design Product Catalog

AG Design customers who purchase the AG Design product catalogs agree to all terms and conditions of the AG Design Product catalogs.

Product catalogs can only be used on AG Design websites. They cannot be transferred/imported to another website or exported from a website.

All images, descriptions, and recipes of the Floranext product catalogs are copyrighted and owned by Floranext and cannot be distributed to any third-party services. Any abuse of these terms will result in termination of services/fees.

Advanced Proposal Manager

The Proposal Manager is software for creating and managing proposals. Your onboarding representative will email you access to your Proposal Manager along with links to tutorials that will aid incomplete setup. Your representative will then follow up with a phone call to go over basic settings and any questions you may have. We offer a complimentary 30-minute training session should you wish to schedule one.

8. Merchant Services

8.1 PCI Compliance

Depending on your merchant account provider, your shop may be required to complete a PCI Compliance questionnaire and scan it, with an occasional email survey. These items are provided and sent by your merchant account provider, not AG Design.

You are responsible for completing any PCI compliance questionnaires or scans that your chosen merchant account provider may require. AG Design requires the use of a payment gateway to securely transmit credit cards to merchant account providers to meet PCI Compliance standards. Floranext can facilitate payment gateway setup, but it is your responsibility to ensure setup and any other fees required.

AG Design can be connected to your Stripe Standard account to allow payments to be accepted on your Stripe account. AG Design does not administer, set up, have access to, or maintain your Stripe account. It is your responsibility to address issues including, but not limited to, disputes, security rules, and business settings. Please contact your Onboarding Representative to discuss pricing, compatibility, and setup needs.

Maintaining access to your Stripe login and account, including your password, 2-factor authentication, and backup codes is your exclusive responsibility. For security, Floranext cannot help with login issues with Stripe. Any login needs to be handled with Stripe support directly.

8.3 USAePay

AG Design can also be connected to your merchant account provider’s credit card processing services via a USAePay gateway. Please contact your Onboarding Representative to discuss pricing, compatibility, and setup needs.

8.4 Taxes and Other Expenses

You are solely responsible for determining what, if any, taxes or fees (“Taxes”) apply to your Transactions and assessing, collecting, reporting, or remitting Taxes to the appropriate tax authority. We are not obligated to nor will we determine the applicability of any Taxes or calculate, collect, report, or remit any Taxes to any tax authority arising from any Transaction

8.5 Chargebacks

Floranext acknowledges the possibility of chargebacks initiated by customers or financial institutions, but it is important to clarify that Floranext is not liable for the reimbursement of funds in caseds of a chargeback. We do not assume responsibility for investigating chargeback claims or representing customers in such matters. Chargebacks typically involve disputes or concerns related to a specific transaction, and it is the responsibility of the customer to address these issues directly with their financial institution or card issuer.

8.6 Credit Card Surcharge

You are solely responsible for settings related to credit card surcharge and to determining the legality of any applied credit card surcharge that may be applied to transactions.

Customer Support

You can contact support by email at admin@andrewgreerdesign.com or by phone at 919-302-6760

Customer Support Hours:

Monday – Friday 9 am to 5 pm EST
Saturday, 9 am to 12 pm PST

Description Of Services

Upon joining Floranext and being put on recurring billing, Business is eligible to receive the following services via phone, email, help desk, chat, and remote support.

Credit Card Services

What Floranext Covers:

USAePay

Setting up/switching  Merchant profiles – These inquiries will be directed to the merchant services department at Floranext.

Fraud Modules – Floranext will help assist with setting up Fraud Modules.

Troubleshooting – Floranext will help assist in support and troubleshooting of charges and refunds via Floranext & USAePay.

Stripe

Setting up/switching  Merchant profiles – These inquiries will be directed to the merchant services department at Floranext.

Troubleshooting – Floranext will help assist in the support and troubleshooting of charges and refunds via Floranext & Stripe.

What Floranext Does Not Cover:

Fees related to customer-merchant services – This support should be directed to the gateway or merchant services.

Fees related to PCI compliance – Should be directed to the gateway or merchant services.

Deposit times/dates – These are to be referenced to customer-merchant services.

ardware, a monthly fee will be applied.

Time constraints

We try to limit each call to 15-30 minutes, if we expect the call to last longer than this time, we will schedule a call back at a later time so we may focus on the task.

Appointments

Floranext Support will schedule appointments based on the task and severity. Appointments will be scheduled for but not limited to printer configurations, new Station set-ups, training, walkthroughs, etc.

Appointments will be scheduled 24 hours in advance with a Floranext support agent.

Feature Requests

Floranext is always improving the software programs and will take any submissions from feature requests from shops. In regards to feature requests, we cannot guarantee this feature will be created or implemented and will go through a screening process from the Floranext Product team.

10. Dispute Resolution

10.1 Binding Arbitration

All disputes, claims, and controversies, whether based on past, present, or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s IP Rights, will be determined by binding arbitration in Wilmington, Delaware before a single arbitrator.

The American Arbitration Association will administrate the arbitration under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds USD 75,000 (excluding interest, attorneys’ fees, and arbitration fees and costs). Where no party’s claim exceeds USD 25,000 (excluding interest, attorneys’ fees, and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.

The arbitrator will apply the substantive law of the State of Delaware and the United States, excluding their conflict or choice of law rules.

Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted by this Agreement.

10.2 Arbitration Procedure

A party must notify the other party of its intent to commence arbitration before commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least 30 days after the date of the notice. During this period, the parties will meet to resolve the dispute before commencing arbitration. Each party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested.

Subject to the disclaimers and limitations of liability stated in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Delaware. In deciding, the arbitrator will not have the authority to modify any term of this Agreement. The arbitrator will deliver a reasoned, written decision concerning the dispute to each party, who will promptly act on the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Wilmington, Delaware. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

10.3 Confidentiality

The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) Floranext may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as Law otherwise requires. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as Law requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

11. Additional Fees & Charges

Sometimes we can accommodate special requests that require extra labor on our part and will be charged accordingly. Any cost associated with a special request will be communicated and agreed upon before work begins.

General Services

DepositvariesEquals 1-month package priceInitial Computer Setup$0.00Completed during onboarding, the Package includes two computers, 2 receipt printers, and 1 ticket printer.Initial Printer Configuration$0.00Completed during onboarding.First Customer Import$0.00Completed during onboardingAdditional Customer Import (re-import)$100.00First House Account Balance Import$0.00Completed during onboardingAdditional House Account Balance Import (re-import)$100.00Additional Ticket Printer$25.00 per monthThe package includes only 1 Ticket Printer, each additional ticket printer is $25.00 per monthNew Computer Setup with Printing configuration$25.00 per monthEach additional computer needs a printing configuration.New Computer Setup without printing configuration$0.00Computer configuration without printing configurationReceipt Printer Configuration$25.001 Complementary configuration per month will be offered. Each additional configuration will be charged. Configuration for the Receipt printer only includes Paper formatting and preferences.Ticket Printer Configuration$25.001 Complementary configuration per month will be offered. Each additional configuration will be charged. Configuration for the Ticket printer only includes profile configuration. Floranext Requested Support $75.00 per hour For any request for support that is outside the area of Floranext, an hourly fee will be applied. Quick Books Integration $10.00 per monthProduct Catalogs & ImportsProduct Catalog and Fees Please contact Floranext for available product catalogs and fees.Account ServicesReactivation after Suspension$0.00URL Change$25.00This only applies if the website is already live

Merchant Services

Merchant Account

Change$100.00

USAePay Monthly Fee $25.00

Charged by USA ePayUSA

ePay Setup $100.00

Charged by USAePay

Change of CC Processing Setup $100.00

USAePay Cancellation $0.00

9.2 Manual Edit Costs

Manual Edits include changing dates of orders, moving orders from customer account A to B, changing dates of payments applied, changing the allocation of house account payments, removing house account credits

Misc. Manual Edits. $75

Backdate Payments. $100 Per payment

Change Ordered On Date. $100 Per order

Remove Credits on House Accounts. $30 Per account

Merge Customer Accounts. $10Per account

Change Customer on Order. $50Per order

Edit Cash Adjustment. $30 Per adjustment

Uncancel Order$30 Per order

Website Customization: $40/hour