Last updated: June 10, 2020
- Please read all the terms on this page carefully. By using our services, you acknowledge that you have read and understand these terms and agree to be bound by these terms and all policies and guidelines incorporated in these terms. These terms supersede any other work agreements. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE OUR MANAGED WEB SERVICES. Please check back often for updated service terms.
- Right Eye Graphics LLC reserves the right, in its sole discretion, to change, modify or otherwise alter these terms, or any policy or guideline applicable to services, at any time.
- Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised terms on this site, and your continued use of the services after such time will constitute your agreement to be bound by such modified terms. You should occasionally review the terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the services. The terms will always show the last updated date at the top of this page.
- If you do not agree to the modified terms, you must stop using our services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. No refunds are supplied upon cancellation.
- 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.
Managed Web Services
- Your website’s ongoing Managed Web Services will correspond with your level of need and investment — and are designed to scale appropriately along with potential website growth and resources needed to keep your website optimized.
- We take reliability and security seriously, and put a great deal of effort into ensuring that our services operate properly, and that our server environment is secure and optimized for your data. We use what we believe to be premium hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, your internet service provider, and other service providers cannot be assured. When you use our Managed Web Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
- It is your responsibility to inform us if your site is experiencing problems and needs attention.
- Your Managed Web Services plan is not a guarantee that additional billable work will not be needed at any point to keep your website optimized and functioning properly. Work outside the scope of your Managed Web Services plan is billed at a rate of $75 per hour, in 15 minute increments. You may or may not be notified ahead of work performed when the work is billable outside your Managed Web Services plan. We routinely attempt to notify you ahead of work done for processes that we deem beyond modest billable services.
- You are required to optimize resources used as part of your Managed Web Services. This includes but is not limited to images, documents and other files uploaded as part of your WordPress content management system. Resources that are not optimized may be removed from your website, with or without notice.
- We communicate with our Managed Web Services clients via email communications. By using our Managed Web Services, you opt in to our client and newsletter communications. You can customize or terminate your newsletter communications at any point.
- You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your website(s) are either owned by you, or that you have permission to use them.
- Copyright is automatically assigned as follows: We license the graphics and other visual elements that we create for you for this website project only. You own text content, photographs and other data you provided, unless someone else owns them. We do not claim ownership of design, XHTML markup, CSS and other website code since it is open source in part and/or licensed for use in this website project.
- We can not guarantee that the presentation and functions contained in any website page or in a completed website will always be error free and/or render as desired or that server access will always be available, and so we (Right Eye Graphics LLC) can not be liable to you 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 website and any other website pages, or any email or other server-related errors, even if you have advised us of the possibilities of such damages.
- Server-generated communications — such as contact forms — are not guaranteed to be delivered to the intended recipients, and as such Right Eye Graphics LLC can not be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising from these communications, or deliverability issues of any kind.
- Any third-party account information we collect and retain in order to do business with you, including account user and password information, you do so willingly and understand the inherit risks involved. You also authorize us to administer to any accounts you provide us access to in order to provide and optimize our services to you. We never share this information outside of operations involved with providing you service and you are giving us permission to store this information on our local storage devices, servers and/or third parties we do business with.
- In the normal course of business third party online platforms are often used in order for us to provide you service. If you use any third party service as part of our business together, those platforms have their own set of terms in which you should be familiar with and agree to.
- It is your responsibility to administer renewal payments for the registration of your domain. Domains are registered and renewed via accounts by third-party registrar companies like GoDaddy Inc.
Changes and Termination of Service
- We reserve the right to change the terms of, refuse or terminate ongoing Managed Web Services at any point and for any reason.
- Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner will be removed from our servers (or otherwise disabled entirely), with or without notice.
- If you desire to migrate your website to another host, we will provide a backup to you created using an industry standard WordPress backup system at a cost of $85, plus an hourly rate of $75 per hour billed in 15 minute increments to provide the services needed to accomplish this. For security reasons we do not provide FTP or Control Panel access to our clients or third parties; we also do not provide Content Management System access unless this access is specifically granted in a work agreement — this access may be revoked at any point and in our judgment alone.
- To terminate services you may be required to contact our office at 606.393.4197, or via other specified communication means, for processing to verify your account and cancellation.
- Any Managed Web Services billings that are delinquent more than 30 days will be suspended (YOUR WEBSITE WILL NOT BE ACCESSIBLE ONLINE IN THIS CASE), and will be subject to a minimum of account balance payoff plus $50.00 restart fees, and additional development fees as needed to restart services.