Last updated: August 24, 2023
The agreement contained in this “Website Rental Agreement” is between STTM, (“Company”) and you (“Client”) constitutes the sole agreement between Company and the Client regarding renting a website from Company.
SCOPE OF SERVICES:
- Guided or Quick Launch Website Building or Rebuilding
- During the “Build Phase” edits are unlimited in scope, unless work outside of original scope of work is requested, in which time a separate invoice may be sent out after an agreed upon amount.
- Launch times are contingent on the responsiveness of Client and readiness, availability and completeness of content provided by Client. Deadlines cannot be given.
- Company agrees to design, publish, and maintain a website for Client according to agreed upon specifications and the package option(s) selected.
- Client is solely responsible for supplying website content and images. Company can assist Client in developing website content and images.
- Users must follow the template design chosen with ‘basic customizations’ made. These ‘basic customizations’ are limited to:
- Replacing text content
- Replacing image content
- Color changes
- Font changes
- Removing existing functionality and/or content already on the template chosen
- Other minor* requests (*to be determined by Company)
- Any additional work not specified in this contract must be authorized by a written change order. A change order submitted by email meets this requirement.
- You may change your template at anytime for a one-time fee of $297. Once a template is changed the content gathering process starts over for the specific template.
- Custom Website Building or Rebuilding (Build Phase)
- During the “Build Phase” edits are unlimited in scope, unless work outside of original scope of work is requested, in which time a separate invoice may be sent out after an agreed upon amount.
- Launch times are contingent on the complexity of the build, responsiveness of Client, and readiness, availability and completeness of content provided by Client. Deadlines cannot be given.
- Company agrees to design, publish, and maintain a website for Client according to agreed upon specifications and the package option(s) selected.
- Client is solely responsible for supplying website content and images. Company can assist Client in developing website content and images.
- Company holds ability to deny or cancel the build if requested customizations are out-of-scope of originally discussed build requests.
- Launch & Post Launch
- Client can either change nameservers (Company manages DNS records) or A records (Client manages DNS records) to point to Company hosting. Company can assist with this process if necessary.
- Email records (MX records) can be changed (if namesevers have been changed) to point to the third-party email used by Client.
- Third-party email services are required for email addresses to be used by Client’s domain.
- Client may forward/redirect any owned domains to the domain in which the website is built.
- Once the website is live on the Client’s domain, the website official is out of the “Build Phase” and has entered the “Launched Phase.”
- WordPress user accounts may be created for Client limited to ‘Editor’ user role. Additional permissions may be allowed upon request and review. Administrator access will not be allowed.
- The Company represents to Client the finished assembled work of Web pages produced by the Company is owned by Company.
- Google Analytics will be installed on the website. Full manager access may be granted. A Google email/account is required to provide access.
- Any additional customizations performed by Company to Client’s website must be estimated out, and approved by Client. Once hours are determined, work can be attributed to the monthly allotted hours and/or packaged hours can be purchased to make customizations exceeding allotted time.
- The Company retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
- Once the website has entered the “Launched Phase” Client will have seven (7) days for any final requests that would otherwise be made in the “Build Phase.” After the seven (7) days, all edits and requests are subject to the “On-Going Management & Maintenance” guidelines.
- On-Going Management & Maintenance (Launched Phase)
- Guided Plan users receive a maximum of 30 minutes per month (“Technical Support Time”), following the “Build Phase,” to be assessed to any website edits, consultations, or other “specialist time” spent on your website. This does not include time spent on initial build.
- Custom Plan users receive a maximum of 120 minutes per month (“Technical Support Time”), following the “Build Phase,” to be assessed to any website edits, consultations, or other “specialist time” spent on your website. This does not include time spent on initial build.
- ‘Simple Sites’ Plan users do not receive monthly maintenance time allotments, and any additional work (post-launch) will be billed at $140.00 per hour or through purchased hours via a maintenance package.
- Time in excess of the allotted hours will be billed at $140.00 per hour or through purchased hours via a maintenance package. Client will be warned when allotted hours have been exhausted.
- “Editing Time” does not roll over to the next month.
- “Editing Time” resets to 0:00 minutes used on the 1st of each month.
- Client may request Company to make changes to hosting settings on their behalf. All changes must first be approved by Company.
- Client will not have access to hosting settings (ex. cPanel). DNS settings can be managed if Client chooses to launch with A record pointing instead of nameserver pointing.
- Authorship Credit
- Client agrees that Company may put a byline and hyperlink on the bottom pages of Client’s website establishing authorship credit and copyright notice and that Company may advertise Client’s website as an example of their work.
- Client may request Company’s copyright be hidden at the one-time cost of $299. Company will ‘blend’ the copyright so as to not be visible to standard viewing practices. Copyright will not be completely removed from website.
- Performance
- In no event will Company be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability of website usage.
- Warranties
- Company represents and warrants to Client that it has the experience and ability to perform services required by this Agreement; that it will perform said services in a professional and competent manner: that is has the power to enter into and perform this agreement.
- Independent Contractor
- Client acknowledges that the services rendered by Company under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture.
- Confidentiality
- Company recognizes and acknowledges that this Agreement creates a confidential relationship between Company and Client and that information concerning Client’s business affairs, Clients, vendors, finances, properties, methods of operations, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as “Confidential Information”.
- Non-Disclosure
- Company agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client.
- Compensation And Term
- The initial set up charge is due before work is begun.
- The initial term of the agreement is month-to-month.
- The monthly rental charge is dependent upon the Website package chosen by the Client.
- Client invoiced amount may change if Client requires Company to make changes noted in the add-on section on Company’s website.
- Fees & Payments
- The Client must pay via debit or credit card to be auto-withdrawn monthly.
- Company will not begin work on the website until payment for the setup charge is received.
- If Client misses a payment or their card has insufficient funds, a notice will be sent from Company to Client. If Company does not receive Client’s payment within 15 days, Company reserves the right to disable Client’s website until payment is made in full.
- There will be a reactivation fee of $50 to reactivate any disabled accounts during the first 30 days following a deactivation following a missed payment.
- After 30 days of disabled services your the site will be deleted. A warning email will be sent prior to deletion.
- Company reserves the right, at any time and from time to time, to increase the monthly and other fees charged by Company for the services provided hereunder upon forty-five (45) days’ prior notice to Client.
- Outstanding Invoices
- If Client has any outstanding invoices for services performed outside of the scope of their rental services, payment will be automatically withdrawn from their credit or debit card on file, at the time of their next monthly payment.
- Pausing Services
- You may pause services at anytime. During paused services, your website will be put in a “blank” state. This request can be made by email to info@shoottothrillmedia.com
- You may re-instate services for no charge during the remainder of your current paid month.
- There will be a reactivation fee of $50 to reactivate an account for the first 30 days after your current paid month.
- After 30 days of paused services your the site will be deleted. A warning email will be sent prior to deletion.
- Termination
- Client may terminate the agreement at anytime by notifying the Company in writing. Termination submitted by email meets this requirement.
- Company will disable the website after the active paid month once the termination notice is received from Client unless requested by Client to end before the end of the paid month.
- Laws Affecting Electronic Commerce
- From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
OWNERSHIP:
- Rental Terms
- Company retains ownership of all web design, features and functionality created on domain, until acquired by Client under Purchase Terms.
- Client retains rights to all of their own provided text and graphic content.
- Purchase
- Guided websites can be purchased at any time during the rental period for $2,000.00.
- Customized ‘Guided’ sites may be subject to an audit to determine the purchase price. Value is determined by the time spent, complexity of the site and customizations made.
- Custom websites are valued when requested by client following an audit of the site. Value is determined by the time spent, complexity of the site and customizations made.
- Previous monthly rental payments are not applied to purchase prices.
- Company will assist in handing off administrator access and transferring the website Client hosting.
- Following a purchase all recurring management services will end.
COPYRIGHTS:
Client guarantees that any elements of text, graphics, photography, trademarks or other artwork provided by Client are owned by Client, or that Client retains permission to use them. Client will hold STTM harmless against any and all claims, losses or costs (including court costs and reasonable attorney fee), arising out of or resulting from the use of unlicensed text, artwork and photography.
SEARCH ENGINE OPTIMIZATION (SEO):
Although development of the website will follow SEO guidelines and best practices, STTM can legally and ethically make no guarantee or promise of specific results or rank on search engines.
OTHER LEGAL STUFF:
STTM can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. STTM is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Client has advised STTM the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Client without the permission of STTM.
CONSEQUENTIAL DAMAGES:
To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on STTM’s fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to STTM reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.
THIRD PARTY RIGHTS:
STTM represents, warrants and covenants to Client that, (a) STTM’s contribution to the Design Services constitute wholly original work; and (b) to the best of STTM’s knowledge, STTM’s contributions to the Design Work do not violate, infringe upon or misappropriate any third party rights. Notwithstanding the foregoing, STTM has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for STTM’s use as a trademark or service mark. Client shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.
INDEMNIFICATION:
Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.
TIMELINES:
Constant communication and follow up feedback via phone, in person, or email between STTM and Client is necessary to complete assignments on a timely basis and is a huge factor in the estimated timeline.