SUMMARY
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO DO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of these terms.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
COMMUNICATION
We may be friends, and we may even be friends on Facebook, but for both our mutual benefit (in the forms of organization, and sanity), we require that all feedback and assets be provided in Breeze, and any additional requests & communications be made via email to [email protected].
If for some reason you would like to schedule a phone call to iron out any details, we require that you email us prior to our call with a set agenda of questions or problems to be addressed. If your questions can be answered via email, we may simply do so in lieu of our call. We’ll be sure to ask if your questions/concerns have been sufficiently addressed before cancelling any phone calls. If we’re able to answer your questions but you still would like a phone call, you’ll just need to send a revised agenda and schedule a time to chat via Calendly.
GETTING DOWN TO THE NITTY GRITTY
File & Database Backups
We agree to maintain your file and database backups offsite with daily backups. Basically, if something happens (even on your server), we will have the site stored safely elsewhere so we can restore it to the most up-to-date, secure version of the site
Core and Plugin Updates
We will update plugins and the WordPress core a minimum of twice per month, and in the event that a major security update is released, we will also update within 48 hours. Updates will be tested and in the event that a plugin or core update is incompatible with your site (i.e. breaks it), we will find a resolution or patch to the break, make a recommendation to wait for the next update, or offer an alternative.
Theme Updates
Theme updates will be provided only for parent themes. If your site does not use a child theme, we advise strongly against updating themes as this can wipe out any customizations made to the theme itself.
Site Security Monitoring
If you don’t have security set up on your site, we will set this up in your first month of service at no additional charge. We will also set up monitoring to receive email notifications indicating file changes, site logins, security breaches, and any other abnormalities.
Design or Update Tasks
Unless otherwise discussed, this service includes 3 30 minute design or update tasks, including but not limited to blog post uploads & optimization, copy changes & updates, navigation bar changes, opt-in changes, etc.. All requests will be reviewed and are subject to approval.
This service does not include the design and development of new pages, implementation and testing of new tools, hosting or database tasks, email or email service support, theme changes, hosting migrations, etc.. Again, all requests will be reviewed and are subject to approval.
Tasks and time do not roll over from month to month.
TECHNICAL STUFF
SECURITY
We will do everything in our power to secure your site, but because the nature of site security is constantly changing, we cannot be held liable for site security breaches. We are always happy to assist in resolving hacks, maintaining site security on an ongoing basis to prevent hacks, and securing existing sites.
TECHNICAL SUPPORT
We are proud of the work we do, and if there are any problems with the work we have provided, we are happy to resolve them within a reasonable time frame and at your request. Some requests may be subject to an additional fee if they are outside of the scope of our original agreement.
HOSTING
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you $100 per hour.
LEGAL STUFF
AUTHORIZATIONS
You agree to provide access to any hosting, domain account, and/or blog account for the sole purpose of installing and updating the web product as needed. This includes but is not limited to your domain name registrar (the site where you bought your domain name), your hosting account, hosting cPanel, any necessary databases, and your blog’s dashboard. You are more than welcome to create a new admin user for us if you would prefer, but we will need admin level access to make web magic.
COPYRIGHTS
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in your designs are either owned by your good self, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
• We retain all copyright privileges on all XHTML markup, CSS and other code and we license it to you for use on only this project. Eye Heart Creative’s linked copyright notice MUST remain at the bottom of your web site design or in an HTML comment. If our work is not properly credited, we reserve the right to have you remove our work from your site.
• You own the graphics and other visual elements that we create for you for this project. All graphics and design work should not be used for any other purpose than what was originally agreed upon. We will give you a copy of all graphic and design files and you should store them really safely as We am not required to keep them or provide any native source files that we used in making them.
• You also own text content, photographs and other data you provided, unless someone else owns them, then you’re subject to their copyright agreements.
• We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles, and in books about web and/or graphic design.
CLIENT & DESIGNER RELATIONSHIP
This agreement does not create a partnership, joint venture, general agency, or employment relationship and neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms of Service. We are an independently owned and operated professional service provider that provides similar services for other companies or individuals. You agree that we have the right to perform services for other clients during the term of our contract, including possible clients in the same or similar industries. Basically, we’re happy to work together, but we reserve the right to also work with other people of our choosing. However, we won’t divulge or disclose your proprietary information to anyone else for any reason (and if you have an NDA for us to sign, we’re happy to do so).
PAYMENTS
Payments are automatically processed by PayPal on the same numerical date each month, but don’t worry – you don’t need a Paypal account to check out.
CANCELLATION POLICY
You have the right to cancel our contract at any time, and we retain that right, too.
If we choose to cancel your contract prior to contract completion, your payment may be returned & prorated at our discretion. Completed, approved, and paid assets will be provided.
If you choose to cancel services, you will not be billed during the next monthly cycle. We will complete the current month and will not be able to provide a refund. Services must be canceled at least 48 hours prior to the next billing cycle.
REFUNDS
Because our services are digital and/or creative, we cannot and will not provide refunds for any reason.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Los Angeles County courts. Oh and don’t forget those men with big dogs.
