Web Terms

 WEB DESIGN, MAINTENANCE & MARKETING TERMS

Web Design & Development

Cloudience provides free technical support as it relates to a healthy website experience up to 30 days after work has been performed.

Design Process

Cloudience aims to keep prices low and affordable while delivering a completed website in a timely way.  In order to accomplish this, we allow up to two proof revisions within the span of one month.  An unlimited amount of revisions are accepted within those parameters.  Any changes requested after the final revisions will be billed at $99/hr or agreed upon rate.

Managed Web Services

Managed Web Services provides the continued efforts of website maintenance and modification for the purpose of graphic design, layout, social media, blog, ads and all promotion driven content updates.  The service also includes basic on-site SEO analysis including proper naming & url structure, monthly database optimization, monthly platform and plugin checks, updates and load speed optimization for better SEO performance.  Managed Web Services handles all aspects of domain, hosting, SSL certificates and email maintenance.  Security is also a major component of Web Services as we will take preventative and corrective steps to fend off botnet and malware attacks including remediation where black listing occurs.  All websites require a 12 month minimum service commitment starting on the signing date and auto-renew unless written cancellation is received within 30 days of end of contract.  At the conclusion of a one year commitment, the website source files are available to keep if contract is not renewed.  Domain names, unless separately agreed upon, are the sole property of the client company and not the property of Cloudience. Cloudience will not be responsible to fix damage to any site that was the result of a third party plugin or a site administrator that was not employed by Cloudience. Fully Managed Web services are available based on site complexity and assessment with unlimited change requests. Requests are handled in order they are received by one designated administrator. Change request resolution times depend on the complexity of each request.

Handing over Administrative control of a website or digital property

Cloudience is always prepared to hand over full admin rights of your web property upon request but with the following precautions:

Your web platform allows you to perform programming, html or design changes as an administrator, therefore, Cloudience will only hand over access once your unlimited revision period is complete. If you would like admin access before your unlimited revision period is completed, you may request this access but please note that at the time of admin account handover the unlimited change privilege is surrendered and any further changes or fixes would be billable at $99/hr or the agreed upon rate. Cloudience will no longer be responsible for any breaks or changes on your website once an admin account has been handed over. If you are on a Managed Web Service contract, you will be given a user account with limited access. If you request an administrator account, breaks which are the result of that administrator account will not be covered under the contract.

Please note we take this matter very seriously because handing over administrative control is like handing over the keys to a car. You can drive and enjoy it, but you can also crash it. As easy as it is to make changes to your website, it is also just as easy to break or mess up the website, if you drive outside the lanes particularly when adding, removing, or modifying core modules and theme files. There are also security concerns if your site is built with modules that require occasional updates. You will be responsible for those updates as the owner and manager of your website. Please use caution when making any changes to your website. Please feel free to reach out to us if you have any questions on how certain changes may effect your website and we will do our best to assist. We can also help resolve any breaks or issues on a cost per hour basis.

Third Party Integrations

Cloudience will not be held responsible for any problems arising from third party software installed on your website by our technicians, you, or other third party. Cloudience will not be held liable for lost data due to hardware failure, virus, spyware, corruption or any other situation. If any problems with third party software, hardware or services arise, it is your responsibly to obtain support from the manufacturer of the product at fault. Under no circumstances shall Cloudience be liable to you or any other person for any damages, including without limitation any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings or earnings, lost or corrupted data, or other liability arising out of or related to the services provided by Cloudience or out of the installation, de-installation, use of, or inability to use your website or third party software as a result of the services provided here-under. Cloudience shall not be liable for any failure or delay in performance due to any cause beyond its control. If Cloudience’s ability to render services is impaired by third party failure to cooperate or circumstances beyond the control of Cloudience, Cloudience may choose not to provide services.

Content Submission

The Client is to supply all product and service specific materials and information required for Cloudience Web Design to complete the website.  Such materials may include, but are not limited to, photographs, videos, written copy, logos and other printed materials.  All content, photos, video are supplied by the owner of the website unless contracted through Cloudience at additional cost.  All material for a client’s website must be submitted in its entirety before production can be completed. Any other maintenance and/or changes that exceed the given package will be billed at a custom or per hour rate as described in your package terms and will be covered in a separate written document.  Where the Client’s failure to supply such materials leads to a delay in completion of the work, Cloudience Web Design has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. The items required before Work commences are outlined in the Web Scope, if applicable. Where the Client’s failure to supply materials prevents progress on the Work for more than 7 days, Cloudience Web Design has the right to invoice the Client for any part or parts of the Work already completed.

Content Liabilities

Cloudience is not responsible and expressly disclaims all liability for any content submitted for web publishing. Without limiting the foregoing, Cloudience will not be held liable for content that may infringe a third party’s copyright, trademark, or other intellectual property right.  The nature of some content may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any content that you submit onto your website. Without limiting the foregoing, Cloudience reserves the right, but is not obligated, to monitor all submissions and exercise editorial control. Cloudience is not responsible for any failure to monitor, review, edit and/or delete any content submitted to the Web Site through any website Feature.  You bear all privacy and other risks associated with using website Features of your Site. Accordingly, you should avoid posting personal information such as home address or telephone number.  Limitation of Liability and Disclaimer of Warranties By using or accessing the website Features, you agree that Cloudience and its owner(s), parent, subsidiaries, affiliates, agents, representatives, consultants, contractors, and legal counsel, and their respective officers, directors, employees, representatives, and agents will have no liability or responsibility whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses, claims, or damages of any kind (including without limitation any special, exemplary, punitive, indirect, incidental or consequential damages) to persons (including personal injury or death) or property, whether based in contract, tort, strict liability or otherwise, resulting in whole or in part, directly or indirectly, from any use of your website, any failure or delay by Cloudience in connection with your website Features or your contribution, or the performance or non-performance of your website Features or your contribution, even if Cloudience has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.  Cloudience holds the client responsible ultimately for reviewing and approving any work that has been published on their website.

User Uploaded Content

Cloudience expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Cloudience is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the website blog, including without limitation that the website blog will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the website blog.

In addition to, and without limiting, any other disclaimers stated in this Policy or elsewhere on the Site, Cloudience makes no representations or warranties about any contribution posted on or made available through the website, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such contribution. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Web Site does not imply the endorsement or sponsorship of Cloudience. You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of this Web Site.

Template Based Designs

Some designs may utilize a template as a boilerplate for repetitive design tasks.  Design concepts remain unique and customized. Projects requiring these template based designs may require an additional fee of approximately $50 from the template author.

E-Commerce – WebStore

Web Store plan requires customers to setup their own merchant account gateway with their applicable fees. Reasonable time (approximately 10 additional business days) is required for testing post merchant account gateway setup. Our websites are compatible with Google Checkout, Payment Express, PayPal Payments Standard, PayPal Payments Pro, PayPal Express Checkout, Google Checkout (Level 2), Chronopay, PayPal Payflow Pro, Authorize.net, FirstData/LinkPoint, eWay Payment, iDEAL, BluePay, DPS, Paystation and SagePay

Ethical Responsibility

Cloudience operates under strict guidelines of moral ethics which are also expected from our clients concerning content uploads and statements that may cause any type of offense.  We will not condone or accept work that involves any degree of questionable content.

Cloudience Referral Link

Cloudience, unless expressly specified by the client, will reserve the right as the advertising partner to post a referral link or copy at the footer referring Cloudience.com as the web design and media partner.

Billing Terms

Payment is in advance for standard services costing $700 or less. For larger, custom projects we require a 50% non-refundable deposit before the project begins. The fee agreed does not include the cost of domain registration, hosting set up fee or hosting unless the product description describes otherwise, or otherwise agreed by both parties for custom website projects.  Outright purchases of corporate grade design packages which start at $699 can be attained at the rate of $3500 for complete ownership in which managed web service fees will not be required.

If payment has not been received by the due date, Cloudience Web Design has the right to suspend ongoing work for Client and hosting services, if applicable, until such time that full payment of the outstanding balance has been received. If full payment has still not been received after the final reminder due date, Cloudience Web Design has the right to replace, modify or remove the Website and revoke the Client’s license of the Work until full payment has been received. By revoking the Client’s license of the Work or removing the web site from the Internet, Cloudience Web Design does not remove the Client’s obligation to pay any outstanding monies owing.

Confidentiality

Any sensitive figures, data, sales projections, budgets amounts, sales reports, etc obtained by Cloudience will remain confidential and will not be shared with anyone outside your company. Sensitive information will only be discussed with our contact person(s) inside the organization. Confidentiality includes delivery of service.

Web Marketing

The Cloud Marketing platform utilizes the most aggressive digital marketing means to deliver company/product/service awareness, promotions, events, culture, community involvement, discounts and information to create and nurture an online “Cloud” audience.  Cloud Marketing further funnels “Cloud Responses” including reviews, comments, likes, pins, posts, testimonials and social mentions to re-purpose, re-target and nurture those leads while keeping you informed of engagement.  In order to keep up with the most trending social platforms, the Jumpship Marketing method allows the flexibility to shift to a newer, more effective or more populated platform. Due to the nature of digital marketing, results are not guaranteed but they are based on genuine successes and continual market research. All campaigns require a 12 month minimum service commitment starting on the signing date and auto-renew unless written cancellation is received within 30 days of end of contract.

The Client is to supply all product and service specific materials and information required for any Cloudience online marketing campaigns. Such materials may include, but are not limited to, photographs, videos, written copy, logos and other printed materials. All content, photos, video are supplied by the owner of the website unless contracted through Cloudience at additional cost. All material for a client’s online marketing campaign must be submitted in its entirety before marketing can commence. Any other maintenance and/or changes that exceed the given package will be billed at a custom or per hour rate as described in your package terms and will be covered in a separate written document. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Cloudience has the right to extend previously agreed deadlines for the completion of the work by a reasonable amount.

Cloudience is not responsible and expressly disclaims all liability for any content submitted for web publishing. Without limiting the foregoing, Cloudience will not be held liable for content that may infringe a third party’s copyright, trademark, or other intellectual property right.  The nature of some content may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any content that you submit onto your website. Without limiting the foregoing, Cloudience reserves the right, but is not obligated, to monitor all submissions and exercise editorial control. Cloudience is not responsible for any failure to monitor, review, edit and/or delete any content submitted to the Web Site through any website Feature.  You bear all privacy and other risks associated with using website Features of your Site. Accordingly, you should avoid posting personal information such as home address or telephone number.  Limitation of Liability and Disclaimer of Warranties By using or accessing the website Features, you agree that Cloudience and its owner(s), parent, subsidiaries, affiliates, agents, representatives, consultants, contractors, and legal counsel, and their respective officers, directors, employees, representatives, and agents will have no liability or responsibility whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses, claims, or damages of any kind (including without limitation any special, exemplary, punitive, indirect, incidental or consequential damages) to persons (including personal injury or death) or property, whether based in contract, tort, strict liability or otherwise, resulting in whole or in part, directly or indirectly, from any use of your website, any failure or delay by Cloudience in connection with your website Features or your contribution, or the performance or non-performance of your website Features or your contribution, even if Cloudience has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.  Cloudience holds the client responsible ultimately for reviewing and approving any work that has been published on their website.

Cloudience expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Cloudience is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the any online content including without limitation that the content will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the content.

In addition to, and without limiting, any other disclaimers stated in this Policy or elsewhere on the Site, Cloudience makes no representations or warranties about any contribution posted on or made available through the website, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such contribution. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on any marketing campaign does not imply the endorsement or sponsorship of Cloudience. You are solely responsible for any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users online.

Cloudience operates under strict guidelines of moral ethics which are also expected from our clients concerning content uploads and statements that may cause any type of offense.  We will not condone or accept work that involves any degree of questionable content.

If payment has not been received by the due date, Cloudience has the right to suspend ongoing work for Client and hosting services, if applicable, until such time that full payment of the outstanding balance has been received. If full payment has still not been received after the final reminder due date, Cloudience has the right to replace, modify or remove content and revoke the Client’s license of the work until full payment has been received. By revoking the Client’s license of the work or removing the content from the Internet, Cloudience does not remove the Client’s obligation to pay any outstanding monies owing.

By signing up for Cloud Marketing you grant Cloudience permission to create dynamic phone numbers and email addresses as funnels to track the success of each campaign.

Regular support is provided on normal business hours Monday – Friday 8am to 5pm. Proactive monitoring, self healing and emergency support is available 24/7 best effort basis.

These terms are subject to change at any time at the discretion of AZTechman Solutions LLC dba Cloudience.