WEBSITE DESIGN AND HOSTING AGREEMENT

THIS WEBSITE DESIGN AND HOSTING AGREEMENT (hereinafter “Agreement”) shall serve as an amendment to the legal terms and conditions of DunnTek (“Provider”) as posted at https://dunntek.com. Customer shall be the User, as defined by Provider’s legal terms and conditions of service (“Terms”), who has agreed to enter into a Web Site design, rental, and/or hosting agreement with Provider by making written statement to us to such effect.  Any payment to Provider by User shall constitute complete acceptance of this Agreement.  User warrants that they are authorized to enter into legal agreements on behalf of any entity, whether corporate or otherwise, they may represent, and the term User shall refer both individually and collectively to both the individual and the entity they represent. Provider and Customer may individually be referred to as “Party”, or, collectively as “Parties”.

Customer (also, “You”) agrees that they shall be retroactively bound by the most current version of this Agreement, as posted on our website, at all times. You should check this page from time to time to stay aware of any changes. 

WHEREAS, Provider is engaged in designing and hosting of electronic data and documents (hereinafter “Web Site”);

WHEREAS, Customer desires to use the services of Provider for designing and hosting of his Web Site for advertising or conducting lawful business activity on the internet;

WHEREAS, Provider wishes to enter in this Agreement to perform such services on the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration as set forth herein, and intending to be legally bound, the Parties hereto agree as follows:

DESCRIPTION OF SERVICES

Provider and Customer shall agree in advance in writing which of the two service models shall be used for the Web Site, which shall be either the Rental model, or the Customer Owned model. These models shall be identical except with regard to the ownership of the resulting Web Site, in which respect the different between the two models shall be outlined later in this Agreement (see “Customer Owned,” below.)

Provider shall implement and host a Web Site for Customer (“Initial Services”) which shall consist of:

  1. Web Site general structure and design agreed on between Customer and Provider;
  2. Stock text to which Provider already owns rights;
  3. Stock photographs for which Provider shall secure a license such that said photographs may be used on the Web Site. Customer agrees to be bound by any license agreement that may apply to such pictures, and understands that typically such pictures may only be used on the Web Site and for no other purposes;
  4. One email address on the website domain which shall be configured to forward all emails to another email address which Customer shall separately provide, own and manage;
  5. Customization of the Web Site shall be defined as any change from the default appearance or content as provided in the Web Site standard theme configuration. Limited customization of the Web Site shall be made for Customer which shall include the name, address, and graphical company logo, with shall be placed in predefined locations as made available in the Web Site template; the general color scheme which will be changed within the parameters and capabilities of the existing stock template;
  6. Capabilities and features determined in Provider’s sole discretion as being applicable;
  7. Capacity limitations in accordance with our Fair Use Policy as defined elsewhere within this Agreement;
  8. Pages provided will include the landing page, contact page, about page, and pages that explain up to 3 specific services. In many cases, we will have “stock” content available as a starting point for these pages which we will place online for Customer to review and then advise us of changes they require. The functionality and capabilities of the pages delivered may be further enhanced at additional charge.
  9. Upon making payment, Customer should create an account with our support portal (below) and submit a ticket containing their company information that they would like placed on the website. We will look at available domain names and select one on Customer’s behalf based on Customer’s business name, industry and geographical market, using our knowledge of what types of domain names are more likely to result in increased traffic for Customer. If Customer has a specific naming preference, they need to communicate this to us immediately in writing upon placing an order. If we do not receive such notice within one (1) business day, this will indicate that Customer wishes us to make a selection and will accept our choice without any prior review.
  10. Additional services or capabilities may be offered, but must be document in writing.

Customizations which would require HTML, CSS, PHP or other coding are not guaranteed to be available, and are not included in any pricing unless stated by us in writing. While we may offer such custom services, they typically carry additional cost beyond what is generally included in most website design proposals. If your proposal does not state these items are included, then they aren’t.

The Initial Services may be extended or modified, at the electronic written request of Customer, to encompass design work that is in addition or in deviation to those outlined by Customer as the Initial Services (the “Additional Service”).

Examples of changes which would be available would include changing the color of certain items, swapping out one picture for another, or changing the text of a service description. Examples of changes which are not included, but that in some cases may be available in our sole discretion at additional charges, might include changing the spacing or positioning of items, changing fonts, adding special effects such as drop shadows, or rearranging the positioning or layout of items on a page. Such changes may be available for an additional customization fee, but are not included in any pricing proposal unless specifically stated in writing.

Any services not specifically listed above may be available at additional cost.  Examples of such services may include graphic design, branding, Search Engine Optimization (SEO), and video marketing.

LAUNCH DATE

Fulfillment by Provider will not begin until an agreed deposit is made.  We generally deliver sites in under ten business days following payment, but since your needs might be more involved than others, you should expect that delivery could take up to thirty days or longer for a more involved site.  Because of the possibility of changing customer requirements, no date communicated by us, whether verbally or in writing, shall be considered legally binding.

DELIVERY

We deliver products and services in a digital-only format.  In the case of website design, your website will be considered to have been delivered to you when it reaches Substantial Completion. 

If the website will be operating on your own hosting provider, you are responsible for downloading any files, making and restoring backups, managing and updating your site and its software, information security, and everything else involved in operating a website, once Substantial Completion is reached.  No extra copies or files will be delivered to you.

If you pay for managed hosting to host your website with us, you may be entitled to request that we create and make available to you a backup, for download by you, in accordance with other provisions of this Agreement.  You must request such copy by submitting a ticket to our support portal while you have a paid hosting account that is not in breach of any provision of this Agreement or our Terms of Service, since any data may be deleted 30 days after Termination.

CUSTOMER HOSTING

In some cases, we may agree to build and install a website on a customer’s host that may not be as reliable as our own.  In such case, we assume no responsibility whatsoever for the condition, management, operation or security of the website.  Any and all estimates that we may offer to build a website on a customer-provided host are considered non-final in nature, and may be amended by us at any time to include additional labor required to address problems with the hosting provider.  In the event of a hosting-related event that creates unplanned labor hours to address, or in the event of any technical hosting issue that, in our sole opinion, needs to be resolved before work can proceed, all work shall cease until all work performed thus far has been paid for at normal hourly rates and the estimate will be revised to include any additional hours needed.  Such additional charges shall be payable in advance, and no further work shall be performed until this amount is paid.  Should customer not wish to pay such additional charges, they may invoke Termination in accordance with the terms of this Agreement.  In such case, no refund shall be provided and customer shall be liable for all hours worked at current (non-discounted) hourly rates.

SUBSTANTIAL COMPLETION

A website shall be considered to have reached Substantial Completion when it is accessible to the public, whether on our host or another, has present all pages requested by you in writing prior to our Agreement, and all core functionality is operational.  In practice, this means that all requested pages should load and contact forms should send a notice, but the website may not yet be in its final form.  Cosmetics, such as colors, fonts, sizes and proportions, or any page component decorative in nature, or content, such as pictures or specific wording, will have no bearing no Substantial Completion.

PAYMENT

Most services are payable in advance.  Whereas Provider undertakes certain costs on Customer’s behalf to establish Web Site, any installation fees as specified by Provider will be payable in advance.

In case of monthly service plans, Customer shall enroll with automatic monthly recurring payments via a mechanism of our choice which shall automatically charge Customer and send payment to Provider for monthly recurring charges. Customer shall maintain current payment information on file with our chosen payment provider.

Customer is responsible for ensuring that they monitor their hosting cycle and payment activity, make note of and track important due dates, and ensure that they pay their bill on schedule and before service expires.  Provider is not responsible for ensuring that Customer pays their bill.

Failure to pay to renew service before the end of the current paid period of service, within the required payment window, will result in Termination (see below), and all customer data, including the Web Site, will be deleted from our servers 30 days after the expiration of the period of time for which Customer has paid for service.  

Payment for any Additional Services shall also be made electronically via an online payment provider of our choice and shall be due within five (5) business days.

All prices are subject to change with thirty (30) day written notice to Customer. The charge for Additional Services, as mentioned in paragraph 1 above shall be billed at our current hourly rate. Customer shall have thirty (30) days to notify Provider of any error in billing or payments.

DELINQUENT PAYMENT PENALTIES

If monthly invoices are delinquent by [fifteen (15)] days or more, Provider reserves the right to either Terminate service effective immediately, or render the site inaccessible, at Provider’s discretion. Also, any technical services or support by Provider will be unavailable until all outstanding invoices are paid in full. In the event that the Customer’s invoices are delinquent for a period of [thirty (30)] days or more, the Provider reserves the right to terminate this Agreement under the provisions as mentioned below.  These same provisions shall apply in the case of any fee-based or hourly work; Provider may suspend or terminate any and all services for any unpaid invoice or balance due.

Customer agrees to pay any and all federal, state, or municipal sales or excise taxes that may apply to the contracted services provided by Provider. Should Provider be found to accrue any of these taxes in direct relation to the Customer, the amounts of those taxes will appear as an adjustment to the prices as mentioned above. Customer shall be liable to reimburse any costs incurred in an attempt to collect any money owed, such as collection fees and attorney charges.

LIMITATION OF LIABILITY

Provider makes no warranties of any kind, whether expressed or implied, for any services or content rendered under this agreement. Provider specifically disclaims any implied warranties of availability, merchantability or fitness for any particular purpose. Provider will not be responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, downtime, or Customer’s errors or omissions. In the event that through his own negligence Provider fails to provide services, Provider’s total liability will be limited to the refund of Customer’s monthly service fee for the month during which interruption occurred, prorated according to the actual time for which Provider failed to provide services. Downtime for maintenance of Provider’s network shall not be considered failure to provide services. Provider shall have no liability for failure to provide services resulting from the acts or omissions of third parties. Provider will not under any circumstances be responsible for consequential damages, including, but not limited to, any consequential damages arising from Provider’s failure to provide services in accordance with this Agreement.

INDEMNIFICATION

Customer agrees to indemnify, defend and hold Provider harmless from and against all claims, suits, proceedings, expenses, losses, liabilities, or damages (collectively “Claims”) arising from the use of services pursuant to this Agreement. This includes but is not limited to:

  1. Claims of third parties, including patrons of Customer, arising out of, resulting from, or related to Customer’s negligence or any other use of the Web Site by Customer.
  2. Any Claims for libel, slander, invasion of privacy, or infringement of copyright for materials provided by Customer and posted by Provider or posted by Customer.

Customer agrees to defend Provider against any such Claim he is legally liable for and to pay, without limitation, all litigation costs, reasonable attorney’s fees and court costs, settlement payments, and any damages awarded or resulting from any such Claim.

OFFENSIVE OR ADULT MATERIALS

Provider’s systems shall not be used in any way to display or access pornographic or objectionable material, and such use shall be considered a breach of this agreement that may result in the immediate termination of services. Provider exercises no control over material available from the internet including material accessed through the Provider’s network. Some material may be considered offensive or adult in nature. All responsibility for access to material is with the Customer. Provider may refuse to host and/or design any web page or site it so chooses. Customer hereby releases and agrees to indemnify Provider from all claims resulting out of the Customer’s Web Site content.

OWNERSHIP OF INTELLECTUAL PROPERTY

Customer’s ownership of Web Site shall be limited to that content which they provide themselves. Any source code, graphics and text provided by Customer, is owned by Customer.   Customer understands that they do not own any of the Web Site software, database systems, or underlying infrastructure which is used to make the Web Site work. Any images used on Customer’s website, if supplied by Provider, do not belong to Customer but rather have been licensed for use on only the Web Site and are not to be used in any other way or for any other purpose. Content, such as text displayed to a visitor of the Web Site, which we may provide as part of creating the Web Site shall be licensed to Customer for their use on the Web Site only. Customer warrants that for any text, images or other content that they provide or use on the Web Site, that they either have full ownership of related copyrights or have obtained the proper licensure.

SECURITY

While we take reasonable efforts to provide for the security of your website while you have a paid hosting account for such website with us, security is not guaranteed.  Additional security controls such as premium monitoring, scanning and login control may be available at additional cost.  You agree that:

  1. You have reviewed all potential security risks and security solutions we may offer;
  2. You understand such risks;
  3. You have chosen security options for your website understanding the risks and benefits;
  4. The security measures we take are reasonable, appropriate, in-line with industry standards, and meet your business’ needs and risk-tolerance;
  5. You accept the risk level of the security level you agree that you have knowingly chosen for your Web Site understanding all risks;
  6. You hold us blameless for any harm that may result should your website or our underlying website hosting account be hacked, defaced or compromised in any way.  

USE BY CUSTOMER

Customer agrees and represents to Provider that Customers use of the Web Site shall be for lawful activities only, in accordance with this agreement, and that Customer shall undertake full and complete liability for ensuring that any and all use is legal. Provider does not ensure or guarantee Customer’s legal compliance and recommends that Customer obtain legal counsel.

LAWS AFFECTING ELECTRONIC COMMERCE

From time to time governments enact laws and levy taxes and tariffs affecting internet electronic commerce. The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Provider and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s exercise of internet electronic commerce.

BACKUPS AND CUSTOMER COPIES

During such time as Customer has an active, fully-paid hosting account with us that is not past-due or in breach of any provision of this Agreement or our Terms of Service, the following shall apply. 

Provider shall maintain backup services that take periodic snapshots to allow restoring Customer’s website to a previous such snapshot, typically only within the last 30 days.  Under no circumstances are backups guaranteed beyond 30 days.  Customer is entitled to a free copy of their website, in a backup format of Provider’s choice, delivered via online download that shall be available for 7 days or until Customer confirms receipt, whichever occurs first, no more than once every 3 calendar months.  Customer shall make such request in writing by submitting a support ticket at our support website. 

If Customer fails to make timely payment and maintain paid service without interruption before their expiration, any copies of websites or other data may be deleted by Provider after 30 days following the expiration of paid service (see Termination).  Such deletion may be final and irrecoverable. 

To wit, if you don’t pay your bill, all data and all backups may be irrecoverably deleted, making it impossible to restore your website.  Customers are advised to closely monitor their payment schedule and ensure timely payment to avoid account inactivation and the deletion of data.

Under no circumstances does Provider have any obligation to maintain any backups or copies of data for any use by Customer after Termination.

TERM AND TERMINATION

The term of this Agreement may vary according to the plan selected initially by customers.

Customers who pay for an annual hosting plan shall have a term of one calendar year, effective on the date of payment.  Customers who pay monthly shall have a term of one month, with the monthly effective date being the day of the month on which the first such payment was made, or the last day of the month in such case that the current month has less than that many days.  Upon the natural expiration of the term of service, any of Provider’s obligations to Customer will be considered to have been entirely fulfilled and Provider shall have no further obligation to Customer.

Customers owing a setup fee for design and installation shall remain liable for the agreed upon charges for design and installation regardless of any subsequent termination of hosting, SEO, advertising or other monthly or annual services.

In the case of any free design or installation special offer, Customers who select such arrangement shall incur a minimum one-year term, the Total Value of which shall be the sum of all monthly costs, taxes and fees for one year of service based on non-discounted current monthly rates. Irrespective of any other provision in this Agreement, Customer shall be liable for paying the entire Total Value. Such payment may be made over the course of the year as part of normal monthly service, however, in the event of early termination for any reason, the entire remaining balance of the Total Value shall be considered immediately payable in full to Provider.

In all other cases, once Customer has paid in full any costs for design and installation, they may terminate any remaining services at any time without cause or penalty, with appropriate notice in writing to Provider (“Notice”). For monthly services such as managed website hosting, Customer shall provide 10 business days Notice. For annual services, Customer shall provide 30 Notice. Such Notice shall be due before the expiration of the current term for which Customer has paid for service. 

Customer shall monitor their payment schedule and ensure that all payments are made when required to avoid termination.  Since all services require payment in advance, this means that payment for the upcoming term of service should be made by customer before the expiration of the current term of service.  Should Customer fail to make payment before the expiration of the current period of time for which they have paid for service, their service shall be considered immediately terminated and Provider shall no further obligation to Customer.

In the event Provider terminates this Agreement due to any misuse of the service or breach of this Agreement, Customer shall remain liable for any Total Value.

Provider reserves the right to Terminate any services at any time for any reason without cause or penalty, and shall give Customer 30 days notice in such case, except in the event of nonpayment by Customer, in which case service shall be considered terminated immediately upon the natural expiration of the period of time for which Customer has paid for service.  In such case, upon such natural expiration of the term of service, effective immediately, Provider shall have no further obligation to Customer.

If you don’t pay to renew hosting, we will assume that you no longer have need of the website.  Once service expires for any reason, including but not limited to non-payment by Customer, or by any provision of this Agreement or our Terms of Service, service shall be considered Terminated.  In case of Termination, any and all of Provider’s obligations to Customer shall consider to have been entirely fulfilled, Provider shall have no further obligation to Customer of any kind, regardless of any other provision of this Agreement, and any files and databases on our systems will be irrecoverably deleted after 30 days. Should Customer desire a copy of any files or databases to which they may be entitled, Customer shall make such request in writing no less than ten (10) business days before the expiration of monthly hosting services, or thirty (30) days for annual hosting services. Customer shall have no recourse or be entitled to any damages should they fail to request any copies of data to which they may be entitled in the stated time-periods.

REACTIVATION

Should Customer fail to make payment and thus automatically cause Termination, if Provider is able to restore any previously hosted websites to service, customer shall be liable for a reactivation fee of $100 USD per site.

REFUND POLICY

Refunds are not provided on monthly or annual hosting plans, so you may wish to consider a monthly plan before committing to annual service.  No refund shall be given on hourly services once work has been performed.  Should you pre-pay for work, we may, in our sole discretion, issue a full or partial refund for any work not yet performed, based on work performed and obligations entered into by us on your behalf in performing work requested by you.  Such requests shall be reviewed on a case by case basis, no refund is guaranteed, and you may be liable for additional charges (see Termination, and Pricing, in our Terms of Service).

WAIVER

Failure to invoke any right, condition, or covenant in this Agreement by either Party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither Party may rely on such failure.

HEADINGS

The various headings and titles used in this Agreement are for convenience only and shall not affect the interpretation of any of the provisions of this Agreement.

COUNTERPARTS

There are no counterparts to this Agreement.

SEVERABILITY

If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect as nearly as possible, the original intentions of the Parties. However, the other provisions of this Agreement shall remain in full force and effect.

MODIFICATION OF AGREEMENT

This Agreement may be modified in whole or in part by Provider from time to time at Provider’s sole discretion and without notice to Customer. Such changes shall be posted by us online, so you should review our current Agreement online periodically in order to remain aware of any changes. Customer shall be bound by any such modifications. Should customer not agree to any such modification, their only recourse shall be to terminate this agreement as provided elsewhere herein. Otherwise, no amendment, modification or extension of this Agreement shall be valid and binding on the Parties unless in writing and signed by both Parties.

ELECTRONIC COMMUNICATION

Customer agrees to receive any and all communication from us electronically and shall provide an email address to Provider for such purpose which shall be separate from any services made available to Customer by Provider under this Agreement. Customer agrees to receive and review our newsletter which may contain important notices about changes to Customer’s agreement.

ENTIRE AGREEMENT

This Agreement constitutes an amendment to Provider’s standard terms and conditions as posted on their Web Site at https://dunntek.com/terms-of-service, which Customer hereby agrees in its entirety by obtaining any Web Site or design services from Provider under this agreement. There shall be no oral agreements of any kind, and Customer waives any rights they might have under any oral agreement since no oral agreement shall exist under this Agreement. This Agreement may be further amended or modified by Provider as outlined elsewhere in this Agreement or in any applicable amendments as may be posted on our website at https://dunntek.com, or written exceptions may be documented in writing between Provider and Customer.

GOVERNING LAW

This Agreement shall be construed according to and governed by the laws of North Carolina without regard to the conflicts of laws or provisions thereof.

FAIR USE POLICY

Customer acknowledges they are using a shared platform on which other customers could be negatively impacted by any excessive use of such resources as, but not limited to, bandwidth, disk storage, memory utilization, or CPU. Accordingly, Customer agrees that their use of any services provided or made available by this Agreement may be monitored by Provider and compared against the utilization of other customers, and that furthermore they agree to only use the Web Site and services in a manner which does not create any resource contention for any other customers or create any situation in which other customers are unable to access or use their services as a result of any use, whether intended or accidental by Customer, and Customer furthermore understands and agrees that excessive use could require provider to immediately Web Site in order to maintain the availability of the underlying hosting service as a whole across our customer base. Repeat violations of this provision could result in Termination without notice and be considered at-fault of Customer, at Provider’s sole discretion.

ADMINISTRATIVE ACCESS

To ensure the stability of all electronic systems and proper operation of the Web Site, Customer shall have no access or rights to make any changes to the Web Site or related systems. Such access may be available at additional cost with the execution of a waiver, in Provider’s sole discretion.

INCLUDED MONTHLY WEB SITE CHANGES

We want you to enjoy knowing that we’re taking care of changes to your website. Provider shall make certain changes to the Web Site for Customer at no additional charge, as explained in this section. Once per calendar month, which shall begin on the first day of the calendar month and end on the last day of the calendar month, Customer is entitled to request one round of Content Changes, as follows.

  1. To request Content Changes, customer shall submit one, and only one, support ticket in accordance with the Support section of this agreement.
  2. Customer will use the subject of “Content Changes” on their support ticket
  3. Customer will attach that material to the support ticket which will be needed by us to fulfill the request.
  4. To ensure we get it right for you the first time, Customer shall provide the complete new text to be placed on an existing page. A request to change part of a page’s text shall be considered an incomplete request, since we could incorrectly interpret your request. Instead, you should copy the existing text into a word processing program, make any changes needed, save that document, and then attach it to your support ticket. Accepted formats include .TXT, .DOC, and .DOCX. The recommended filename convention to use is COMPANYNAME-SERVICE.DOCX. This allows us to clearly identify which of your service pages that you want to change the text on.
  5. In the event you wish to replace a picture, simply attach the new picture to your support ticket and indicate which picture you want to replace.
  6. Any new pictures should match the size and type (“jpg”, “png”, etc.) of existing pictures to ensure the picture will look correct on your Web Site. Your picture should exactly match the pixel dimensions of the picture it is replacing. If it does not, this will be automatically considered a customization request by you, and you may be charged for converting the picture to the right size or format.
  7. Our time to respond to your request will be five (5) business days.
  8. It couldn’t be easier! Enjoy knowing that we’ll put things in the right places and make sure it looks great when we’re finished.

SUPPORT

Support mechanisms are available to paying customers only. The manner in which we receive and process requests for support may change, and you agree to follow our then-current methods for requesting support.

SPECIAL OFFERS

From time to time, Provider may offer a promotion which have the effect of modifying the terms of this Agreement, such as special content or services made available free to Customer in exchange for a certain term commitment. Should such term commitment not be met by Customer, a prorated portion measured on a monthly basis of the stated value of the special offer shall be immediately due in full.

AVAILABILITY

No services are guaranteed to be available for purchase.

REFUSAL OF SERVICE

We don’t take all clients.  We reserve the right to refuse service, in whole or in part, to anyone for any reason, in our sole discretion, or to cancel or suspend service, at any time and without notice. For example, should we discover that customer is using or has used the service in connection with pornography, we may immediately suspend service in order to protect our own underlying hosting privileges with our providers.

ALLOWED USE

In addition to other limitations that may apply, the following shall further explain the appropriate and intended use of services rendered:

  1. A Web Site that can be viewed by visitors to the website domain which shall contain text and static graphical images;
  2. Email Forwarding, whereby one email address configured at the provided website domain shall forward all inbound emails to another email address provided and maintained separately by Customer;
  3. Allowed use shall specifically exclude the storage of video or other large files such that they would reside within Provider’s file system, though if Customer stores such items elsewhere Provider may be able to embed or other otherwise link to such content within the Web Site.

Any other use may constitute a breach of this Agreement and/or carry additional fees, in our sole discretion.

Uses that are specifically prohibited and may subject you to Penalty Charges include any breach of this Agreement, including any unlawful use, or the posting, sharing, or any way through any means, whether active or passive, making available any text, pictures, or video that could be accessed by any persons in a way that is outside of the Web Site we deliver. Examples include, but are not limited to, photo albums, videos, or any use that would allow commenting or direct interaction by the general public.

PROVIDER PORTFOLIO

Customer grants Provider and its subcontractors, at no cost, the right to display graphics and other web design elements as examples of their work in their respective portfolios, which right shall survive the termination of this agreement.

CUSTOMER OWNED SITES

In some cases, Provider and Customer may agree that the resulting Web Site shall be Customer’s property, which shall be document in writing. In such case, Customer shall own the resulting Web Site to the extent that Provider has rights to grant such ownership. In general this means that, within the constraints of the other parameters of this agreement and as may be impacted by any minimum term hosting or payment commitments, for all practical purposes Customer shall own the Web Site and shall be free to take it with them to other providers, etc. In no case shall such ownership entitle Customer to violate other terms of this agreement such as, but not limited to, Allowed Use, or Fair Use Policy, of the underlying hosting services.

Examples of things that Customer would own include:

  • Image rights licensed to Customer by Provider, via third party image provider, which Customer shall continue to be bound by in accordance with third-party provider’s image use limitations;
  • Any text or pictures Customer provides;
  • Any text or pictures Customer engages Provider to obtain on their behalf, within the constraints of any applicable license limitations;
  • The content entered into any HTML or WordPress pages.

Examples of things that Customer does not own include:

  • The underlying hosting system;
  • Any actual computer code, such as PHP or other raw code, unless Customer specifically pays for customer code development;
  • WordPress, any PlugIns, or any other third-party software that may be used in the site, except that Customer may continue to be granted license to use such software under the original software manufacturer’s license.

DESIGN ONLY

At our discretion, we may, in some cases, provide a one-time service of designing a Web Site for a customer.  While this shall change the definition of a Web Site to exclude any monthly services, other provisions shall still apply.

ARTISTIC LICENSE

Customer shall either supply photographs in the required dimensions for the selected layout, or grant us artistic license to crop and resize such photographs as we deem appropriate, which service shall be provided no more than once per photograph.  Subsequent edits may carry additional charges, and no such subsequent changes shall be considered as being included in any price quote we may issue.