Terms & Conditions
Authorization. The client is engaging Stand Out Online Marketing Inc., as a web developer for a website project. The client hereby authorizes Stand Out Online Marketing Inc. to access their current hosting account, and any domain registrar accounts so that domain name(s) purchased may be linked up with the herein specified website. If the client chooses to install said website on the servers included with Stand Out Online’s reseller hosting offer, the client will receive quarterly or annual invoices for such service, starting from the website’s launch date. The client also authorizes Stand Out Online Marketing Inc. to publicize their completed website to search engines, as well as other web directories.
Content. Stand Out Online Marketing Inc. will not be held responsible for any consequential damages resulting from errors in the work. It is understood that the client is legally responsible for all project content (including, but not limited to, text and images). The client is responsible for the provision of all website content in a timely manner. When submitting your content, please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate. The client represents to Stand Out Online Marketing Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Stand Out Online Marketing Inc. for inclusion in web pages 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 Stand Out Online Marketing Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Payment of Fees. Fees to Stand Out Online Marketing Inc. are due and payable on the following schedule: 50% prior to project commencement, and 50% when the website has been constructed according to the client’s original written specifications. After final payment has been made, the website will be officially ‘launched’ and will go-live on the world wide web. If the total amount of this contract is less than $300, the total amount shall be paid prior to project commencement. Submitting the website to search engines, if included with agreement, occurs only after the final payment is made. All payments will be made in Canadian funds.
In order for Stand Out Online Marketing Inc. to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Stand Out Online Marketing Inc. reserves the right to remove websites from viewing on the internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Regardless of the place of entering into this agreement, the client agrees that for purposes of venue, this contract was entered into in British Columbia, and any dispute will be litigated or arbitrated in British Columbia. Please pay on time.
Assignment of Project. Stand Out Online Marketing Inc. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Hosting Agreement (if utilizing our hosting services). Stand Out Online Marketing Inc. uses third party servers for our hosting service. We guarantee a 99% up-time for your website. In no event will Stand Out Online Marketing Inc. 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 affiliated emails, even if Stand Out Online Marketing Inc. has been advised of the possibility of such damages. Stand Out Online Marketing Inc. uses a secure, dedicated, third party server to host websites. Stand Out Online Marketing offers fully-managed hosting service and therefore does not offer cPanel or root access to their servers. SFTP access can be provided upon request should it be required. Stand Out Online Marketing Inc. has a zero spam policy. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Stand Out Online Marketing Inc. reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Stand Out Online reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. If hosting service is no longer required, Stand Out Online Marketing Inc. requires written request for cancellation of service and a minimum of 30 days notice.
Backups and Data Loss. Utilizing our hosting services is at your sole risk. Although our hosting service does include backups daily of all accounts, Stand Out Online is not responsible for files and/or data residing on your account. Backups are stored for approximately 30 days and your website can be restored from any backup on file during this time.
Copyright to Websites. Copyright to the finished assembled work of websites produced by Stand Out Online Marketing Inc. is owned by Stand Out Online Marketing Inc. Upon payment of the website contract, the client is assigned rights to use as a website the design, graphics, text and source code contained in the finished assembled website. Stand Out Online Marketing Inc. retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Sole Agreement. The agreement contained in this “Website Design Contract” constitutes the sole agreement between Stand Out Online Marketing Inc. and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honoured for six (6) months after both parties agree to this contract. Continued services after that time may require a new agreement.
Cancellation and Refund Policy.
If the client halts work and applies in writing for a refund within 30 days, to the President of Stand Out Online Marketing Inc., at mailing address 300-848 Courtney St. Victoria, BC phone (778) 918-3121, work completed shall be billed at an hourly rate of $85/hr, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at an hourly rate of $85/hour. No portion of this initial payment will be refunded unless written application is made within 30 days of entering into this contract.