Website Terms & Conditions

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Website Terms & Conditions 2017-03-20T10:47:27+00:00

Below are standard components that applied to every every website design and development project and any website and/or email hosting platform we provide. Each website project will have its own unique set of terms. Please check back often for updated service terms.

BUSINESS AGREEMENT

PAYMENT STRUCTURE

  1. As our customer, you have the power and ability to enter into the business detailed on behalf of your company, organization, or as an individual. By making the required
    [xxxxxx] down payment of [xxxxxx], you are agreeing to the work in this estimate, and you are agreeing to the entire terms of it. The remaining balance payment structure for this project will be as follows: remainder of balance [xxxxxx] due upon development’s completion.
  2. You agree to the payment details of this contract. Your website will not be live for all to see until full payment, as detailed, has been made. Your down payment is considered your agreement to fulfill the work detailed and is not refundable. You may stop progress on this project at any point. However, you will be responsible for billings on all work up to that date. Any billings not paid within 30 days of the billing issue date will incur a 5% administrative penalty on the billing total each month it is not paid and will face legal collections after reaching a stage of 90-days past due.
  3. Upon your website launch date, it is covered under our Protection Plan services free for one full year from that date. Your website Protection Plan services will renew each month for a monthly fee of [xxxxxx] or an annual fee of [xxxxxx]. This fee is subject to change. Unused portions of your Protection Plan are not refunded.
  4. This project’s fees are based on known requirements and may rise or fall due to unforeseen changes or requests in the project.

CONTENT/REVISIONS

  1. Unless otherwise determined, you agree to provide us with what we need to complete the project by [A DATE TO BE DETERMINED] including text, images and other information, and in the required format.
  2. You agree to review our work and provide final approval in a timely manner. You will also be bound by any dates that we set together. Any deadlines that are not met may be subject to additional charges for work involved in the administration and development of your project. Any missed deadlines will also require new deadlines be set for any remaining deadlines at that point. [DEADLINE STRUCTURE TO BE DETERMINED]
  3. The fees detailed in this document are based on the number of days we estimate we will need to accomplish everything from our pre-estimate consultation. It is common for the scope of a project to change after it is started, and we aim to be as accommodating with these requests as possible. If you do want to make changes to the project after agreeing to this contract, those details can be negotiated in a fluid manner, and may be subject to additional charges.

PROTECTION PLAN

  1. Under our Protection Plan, your website is hosted; backed up; scanned for malware quarterly; updated as needed for content management system. We will also make basic changes to your website free of charge if you need to change information. Basic information would be static content like a staff personnel change, hours or operation, phone number, etc. More advanced alterations to your website may be subject to additional charges. More information on our Protection Plan can be found at righteyegraphics.com/website-protection-plan.

COPYRIGHT/LIABILITY

  1. You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, or that you have permission to use them.
  2. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project as part of your Protection Plan services.
  3. We retain regular backups of all your website files, and will provide a single complete backup to you at a charge of $95 per request as long as you continue to purchase our Protection Plan. If you chose to not continue our Protection Plan, our ongoing service on this website project ends, and any materials you provided that were used in the creation of this website may or may not be made available as part of services outside this contract, and will be subject to additional fees.
  4. We love to show off our work and share what we have done with our clients, 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 websites, in magazine articles and in books about website design.
  5. We can not guarantee that the functions contained in any website page or in a completed website will always be error free, and so we 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, even if you have advised us of the possibilities of such damages.
  6. 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.

EMAIL LIMITS

  1. There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again. Mailing lists exceeding 5 lists must be approved and must stay within limits otherwise described.
  2. Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

EMAILING LISTS RULES

  1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel, under Quickinstall.
 IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on your shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your site(s) and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
  2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.
  3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
  4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
  5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: 
business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business.
  6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

TERMINATION OF SERVICE

  1. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
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