Last updated: March 1, 2023
In this document we try to write everything in plain English, and to do that we use terms like “we” and “you” a lot. “We,” “us,” and “our” means Right Eye Graphics LLC. The “you,” “your” or “client” in this document is you, our client.
- 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 website page, 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 our 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.
- Managed Web Services bills are issued at the beginning of each quarter or month (and in some cases on other specified terms) and are due for the respective quarter or month (or otherwise stated and routine term) ahead. A valid credit card on account and auto-payment is required on your billing account. Managed Web Services terms and plan fees are subject to ongoing change.
- If any provision of this entire agreement and set of terms 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 service need, investment and resource usage — and are designed to scale along with potential growth and increased traffic and resources needed to keep your website stable. Your Managed Web Services plan provides up to 1GB of server space for your website resources, which is typically enough for smaller resource websites that don’t have a lot of dynamic content and special development features. Each additional 500MB needed will add $25.00 per month to your Managed Web Services fees.
- 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 $85 per hour, in 30 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.
- Any requested content changes, development related changes, or site expansion that exceeds your monthly Managed Web Services allotted time are billable outside your Managed Web Services plan.
- In order to keep your website optimized and secure, we do not allow server, cPanel or Content Management System (WordPress) access unless this access is specifically outlined in a formal contract; if you are provided these accesses 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, or additional billable service may be provided to optimize these resources.
- 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.
Your Managed Web Services plan includes:
Optimized Hosting — We utilize industry-leading server hardware and software. Additionally we monitor, update and optimize this environment for the security and performance of your website.
Website Security — Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.
- Uptime monitoring — We monitor your website 24/7.
Website Backups — Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.
Software Updates — Each week, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We also watch industry security news and proactively perform these updates more frequently during times of enhanced threat levels.
SSL Certificate Management — We install and renew your domain certificate (trusted website in browsers)
SEARCH ENGINE OPTIMIZATION (SEO)
- When we build your website, we guarantee that your site will be able to be indexed by search engines like Google at the time of launch. Additional SEO services are not included in your project unless specifically itemized in the proposal of services. Your ranking and placement in search engines depends on a myriad of factors. We cannot guarantee ranking or placement on any search engine.
- If initially development and launched live after Jan. 1, 2023, your website will be designed responsively for viewing on modern screens for desktops, laptops and mobile devices. We test for compatibility with popular browsers and on current version releases.
INTELLECTUAL PROPERTY RIGHTS (WHO OWNS WHAT)
- You own the visual elements we design for you, unless someone else owns them. You own text content, photographs and other assets you provided for the website, 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 by us for use exclusively with your website and as part of our Managed Web Services.
- Your website was built and operates using the WordPress content management system. WordPress and its associated software are “open source,” distributed under the GNU General Public License. We use WordPress to power your website, but neither of us own WordPress or the third-party plugins used to add features to your website.
- When we utilize images or other content that are licensed for use on your website by a third party, that party retains ownership of the content in question according to the terms of their own license agreements. For example, if we use a stock photo on your site, you typically pay for the license to use the photo on your site — or we license it for this use — but you do not own that photo.
- We own the unique combination of the elements used in your website development that constitutes a complete design and we license its use to you, exclusively as part of our Managed Web Services, unless we agree otherwise.
- We own any intellectual property rights to anything we have developed prior to, or separately from this project. We may create design, code, functionality, and processes. While this work is used on your website, we retain ownership of these as our intellectual property and reserve the right to use them in future projects.
- We typically advise that you register the domain of your website with a third-party registrar company like GoDaddy Inc. We advise this because your website can be redeveloped at any point in the future on this domain, with our without our services; and if you have the rights to the domain a new development can be done without transferring usage rights for the domain from our company to you in separation of our services to you. You are responsible for renewal fees related to your domain (your website will be removed from public view, and you run the risk of permanently losing the rights to your domain, if you do not continue your renewals). If we have registered your domain we will administer to the related ongoing renewal fees.
- For security reasons we do not provide server, Content Management System, FTP or Control Panel access to our clients or any third parties.
- 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. Securing the appropriate licenses for photography that you provide to us to use on your website is your responsibility. You assume the full risk of liability for the use of all images. If you are in doubt of the licensing status of an image, contact the original artist before providing it for us to use in your design project.
- We guarantee that all elements of the work we do are either owned by us or that we have obtained appropriate permission from the owner to use them as part of your website. Exclusively as part of our Managed Web Services, we agree to protect you from any claim by a third party that the assets we provided as part of your website are their intellectual property.
- In addition to our proactive security measures, we routinely optimize and monitor your hosting environment and use commercially reasonable efforts to make sure of your website’s availability to the public. However, we can not guarantee that the functions contained in any website page or in a completed website will always be error free or display correctly or as desired, or that server access will always be available, 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, 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 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 from these communications or deliverability issues of any kind.
- We do not guarantee to meet any compliance for accessibility (this includes but is not limited to HIPAA, FERPA, etc.).
- 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 sets of terms in which you should be familiar with and agree to.
- We do not provide or support email service to our clients. We recommend consulting with an IT professional about implementing third party email services.
TERMINATION OF SERVICE
- 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. Our ongoing terms and conditions are updated occasionally and can be viewed at https://righteyegraphics.com/website-terms-conditions/.
- You may cancel your services at any point. To terminate services you are required to contact our office at 606.393.4197, or via other specified communication means, for processing to verify your account and cancellation. We do not offer refunds on Managed Web Services.
- 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 of our choosing along with documentation to complete the migration with your new host, or a full cPanel backup at a cost of $85, plus hourly billable processes to provide the services needed to accomplish this. Your website will be permanently deleted from our server when backups are delivered. Any licensed software used in your development or its ongoing Managed Web Services plan will not transfer in this migration. For security reasons we do not provide server, Content Management System, FTP or Control Panel access to our clients or third parties.
- Any Managed Web Services billings that are delinquent more than 15 days beyond the original due date will have a late penalty fee of 5% of the total billing balance added; and any Managed Web Services billings that are delinquent more than 30 days will be suspended (YOUR WEBSITE WILL NOT BE ACCESSIBLE TO THE PUBLIC ONLINE IN THIS CASE), and will be subject to a minimum of account balance payoff plus a $50.00 restart fee, late payment penalties, and additional billable fees as needed to restart services. You agree to pay all costs of late payment collection, including reasonable attorney’s fees, as additional sums owed under this agreement.
- We reserve the right to change the terms of, refuse or terminate your ongoing Managed Web Services at any point and for any reason.