This Agreement , (hereinafter referred to as the “Agreement”) is by and between Siteplicity, a registered trademark of MT3 Marketing LLC, a Texas LLC having its principal place of business in Austin, Texas (hereafter “Siteplicity” “we” “us”) and Client, (“Client” “you” or “your”), who agrees to the terms of this Agreement by clicking the “I AGREE” checkbox on the registration form on the Siteplicity Web Site. This Agreement governs your use of the Siteplicity Services (“the Services”) and the transactions/services conducted through Siteplicity including, but not limited to, the billing and payment services described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows:
Authorization. The client is engaging Siteplicity as an independent contractor for services related to digital marketing. The client hereby authorizes Siteplicity to access their current host, all files within their current website, email accounts, social media accounts and transfer the client’s nameservers/domain info to the Siteplicity servers if applicable. In the case that Siteplicity sets up an ecommerce website, the client authorizes Siteplicity to access certain banking information pertaining to the set up of an ecommerce website. Siteplicity guarantees information pertaining the clients email, banking and online passwords will be kept confidential. The client also authorizes Siteplicity to publicize their website to Web search engines, as well as other web directories and indexes.
Copyrights and Trademarks. The client represents to Siteplicity and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Siteplicity for inclusion in web pages or any other use are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Siteplicity and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
The client understands that Siteplicity solely owns any images, text, code and/or graphics/graphic elements that Siteplicity creates or provides for the website. Any attempt to take graphic elements, code, functionality, text or images in the website provided by Siteplicity will be viewed as an infringement on Siteplicity creative property, copyright and/or trademark.
Website and Content. Certain type of content or links such as poor search engine optimization practices, copy righted materials, pornography, racist or offensive materials are prohibited from Siteplicity websites and servers.
The website, excluding the text and images provided by the client, is solely owned by Siteplicity. Siteplicity reserves the right to apply charges for the transfer of website content on a situational basis, due to the nature of the process being labor intensive. Siteplicity also reserves the right to refuse transfer of a website for any reason or without reason.
Domain Registration/Transfers. The client can choose one domain name which will be directed to the client’s website. The domain will be pointed towards Siteplicity’s web servers, but the domain will remain with the client’s domain registrar. If for any reason the clients domain or a domain in Siteplicity’s control/ownership becomes lost or goes unregistered, or is unable to be registered, Siteplicity is not liable.
Content Management System. The client’s website will have a WordPress content management system installed on the website. The client will have the ability to make textual and graphical changes on pre designated parts of the website. If the client or an agent other than Siteplicity attempts updating the client’s website and damage is done, time to repair website will be assessed at the hourly rate. The client will be allowed up to 5 user ids to access the site.
Monthly Website Maintenance. Certain Site Plan solutions included website maintenance which includes changes to basic text and images. The client will be response to maintain blog pages, product pages and photo/video gallery pages. Siteplicity reserves the right to determine if maintenance request are out of scope. Out of scope maintenance (extensive script, coding or graphical changes).
Email. Siteplicity does not provide email hosting, but can assist in setting the client up with a 3rd party email service. Siteplicity prohibits the use of the service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“Spam”). The client is solely responsible for making sure that the emails sent out are not in violation of the CAN-SPAM Act of 2003.
Site Plans & Hosting. The client agrees that use of the services hereunder will not exceed the bandwidth, storage and email usage limits outlined for your plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed email storage and attachment size limitations, Siteplicity may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate services. In the event that Siteplicity elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. If the client receives over 2000 visits a day to the site, exceeds 100,000 characters of text, 100 html tables, or stores over 1000k images or files, the client may be required to pay additional fees. The client will not be allowed server or FTP access. Also from time to time the clients website may be down temporarily in order for the server or site to be updated. In the case of loss of service Siteplicity and all of it sub contractors will not be held liable. As of 2018 Siteplicity offers two Site Plans which include hosting, maintenance and support:
UNLIMITED SITE PLAN – $249/mo
BASIC SITE PLAN – $149/mo
Completion Date. Siteplicity and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than the day scheduled with your account executive. This date is confirmed in your “Approval Email”. All websites will include three rounds of changes to the initial test website. All changes following the second conceptual design or proof will be billed at the hourly rate of $100 per hour.
Assignment of Project. Siteplicity reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on time completion.
Legal Stuff. Siteplicity does not warrant that the functions contained in these web pages, the Internet website, or any other service will meet the client’s requirements or that the operation of the services will be uninterrupted, virus free, or error free.The client (not Siteplicity) assume the entire cost of all necessary servicing, repair or correction. The entire risk as to the quality and performance of the web pages, website, and services is with client. In no event will Siteplicity 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 to operate these web pages or website, even if Siteplicity has been advised of the possibility 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. Siteplicity reserves the right to terminate any and all services to the client at anytime without reason.
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 Siteplicity and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
Siteplicity Link. Siteplicity reserves the right to place a 100×50 pixel image or text link to the Siteplicity Website in the footer of the client’s website.
Payment of Fees. All payments will be made in USD via credit card. In order for Siteplicity to remain in business, payments must be made promptly. Upon agree to the Terms of Agreement, 100% of set up cost and additional fees (website/graphic design, consulting, etc) will be due, unless otherwise specified in the proposal. The first months Site Plan will be due upon the signing of this contract and first installment of setup cost. The client agrees to the first month on the Unlimited Site Plan ($249/mo), following the first month’s Site Plan the client may adjust their Site Plan at anytime by visiting: https://service.siteplicity.com/adjust-my-support/. Monthly fees must be paid up front before services are rendered. Siteplicity may allow the client to pay their website setup cost in installments over a specified period of time, this is offered as a courtesy to the client. Siteplicity reserves the right to request full payment of the website setup cost or remaining setup cost at anytime with or without reason; if such a request is made the Client agrees to make full payment within 5 business days of the request. If the client’s setup cost becomes past due more than 5 business days a $10 per day late fee will be applied to the client’s setup cost balance. Siteplicity reserves the right to terminate service if payment is not received within 30 days.
If the client wishes to cancel services Siteplicity must be given 30 days notice via email to ([email protected]) and Siteplicity reserves the right to collect any remaining setup cost due at that time. Any past due website setup cost that the client has not paid upon cancellation of service will become due immediately. Refunds will not be available once payment is received. Siteplicity reserves the right to increase or decrease monthly/annual fees at anytime. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Travis County, Texas, and any dispute will be litigated in Travis County, Texas.
By clicking the “I AGREE” check box on the Siteplicity Registration form you agree to the terms and conditions of this Agreement. In so doing, you are also simultaneously:
(a) registering as a “Registered User” (as defined herein), and
(b) representing and warranting that you can legally enter into this Agreement.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY OF SITPLICITY’S SERVICES.
If you have any questions about this Agreement, please contact: [email protected]