Terms And Conditions
Property Rights. The elements of design work for the project remain the designer’s property whether or not the project is executed. If client chooses to terminate the website at any time in the future, SPG Web + Marketing LLC reserves the right to always retain both printed and online samples for promotional use
Approval of Final Artwork. The Client shall proofread and approve all final type before the production of artwork. Final proof will include artwork, size, shipping address and quantity. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork, drawings and other items prior to their release for printing, fabrication, or installation. SPG Web + Marketing LLC does offer proofreading, editing or copy writing at an additional fee. NO refunds or reprints are given after a final approved design has gone to print.
Rights. Other than for the promotional use of the Designer, all services provided by the Designer shall be for the exclusive use of the Clients said purposes ONLY. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all fees and expenses, reproduction rights for all approved final designs created by the Designer for this project shall be outlined in the original estimate. For further usage, price will be based on a case by case basis.
Ownership. All drawings, artwork, specifications, and other visual presentation materials remain the property of the Designer to show in printed or online portfolios for the length of the lifetime of the artist. All preliminary concepts and visual presentations produced by the Designer remain the property of the Designer and may not be used by the Client without the written permission of the Designer. Final artwork and concepts may not be given to other artists to alter, reproduce or post online in any way without express permission of SPG Web + Marketing LLC.
The Designer shall retain all artwork, drawings, and specifications, for which reproduction rights have been granted for a specified period from the date of the signing of this Agreement. Upon expiration of this period, usually lifetime of client, all such materials may be destroyed unless the Client has requested, in writing, that they be retained and agrees to pay reasonable storage charges. The Client shall have reasonable access to all such materials for the purpose of review. The specified time for the Designer to retain such materials shall be two years.
Credit. The Designer shall have the right to include a credit line with live link to SPG Web + Marketing LLC website on any website developed by SPG Web + Marketing LLC at the very bottom of each page or in any publication of the design by the Client. The Client shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs.Any questions regarding this – please contact us.
Liability of Designer. The Designer shall take reasonable precautions to safeguard original or other materials provided by the Client. The Designer shall, however, not be liable for any damage to, or loss of any material provided by the Client, including artwork, photographs, or manuscripts, other than or on account of willful neglect or gross negligence of the Designer. Although SPG Web + Marketing LLC may recommend that the client utilize the services of various trades people, SPG Web + Marketing LLC shall have no liability for payment to these trades people, nor shall SPG Web + Marketing LLC have liability as a result of any services or product or materials by said trades people
Payment of Fees. Fees are due and payable on the following schedule: 75% deposit is due up front for tangible items such as print pieces (business cards, logos, letterhead, etc.). 50% upon completion for all other items. Payment in full is due before final website is uploaded, files are provided or printed materials are shipped out.
Termination. Either party may terminate this Agreement upon giving written notice to the other as specified below. Upon termination the Designer may retain any initial payment and the Client shall pay the Designer for all hours expended on the Project, up to the date of termination, at the Designer’s standard rates together with all other amounts due here-under.
Refunds. Once a project has been designed in full according to the agreed upon project, no refunds are given after design has been approved. If more than the agreed upon number of layouts is provided along with revisions no deposit is refunded. If print color is poor, your order will be reprinted for you at no cost. Refunds for shipping and printing are not given.
Maintenance. After completion of a website project, maintenance is billed at an hourly rate of $50 and billed at the first of each month. Small text or link changes are provided free for the first month. Updates for your project should be turned in via email at least 1 week in advance.
- HOURLY RATE. This is a Pay-As-You-Go at $50.00 per hour billed at 5 (five) minute intervals. Pay-As-You-Go hours will be billed on the first of the subsequent month.
- QUARTERLY RETAINER. This is a block of 5 hours of continuous quarter service at $250 each. Multiple blocks can be purchased. Retainer Fees are due by the 1st of each month. Retainer fees may be place on Auto Pay, if desired. (See Automatic Payment Agreement).
NSF Fess. There is a $40 NSF (insufficient funds) fee for returned checks.
Late Payments. Payments not received by due date will result in work cessation. Service Provider reserves the right to refuse completion or delivery of work until past due balances are paid. Failure to make payment before 30 days will result in the disablement of your website until payment is made.
Hosting and Domain Registration Fees: Hosting and Domain fees will be billed annually and due 30 days after issue date. Failure to make payment before 30 days will result in the disablement of your website until payment is made. Late charges of $5.00 or 5% , whichever is greater, will be assessed on unpaid balances every 15 (fifteen) days.
- When a website is disabled due to unpaid balance, a re connection fee of $25 will be issued and must be paid in order for website to be enabled.
Late Fees. Clients who consistently fail to respond to questions in a timely manner, do not supply needed information, or otherwise impair efficient workflow increase administrative time, waste retainer hours unnecessarily, and prevent Service Provider from working to optimum standards and servicing other clients in a fair and equal manner. Service Provider reserves the right to impose late fees and/or increase hourly rates of Clients who fall into this category.
Links. If showing your website or materials in our online portfolio, we will provide a link to your site or email if you like.
Soda Pop Graphics provides information on many topics. Some of this information is created by Soda Pop Graphics, and some of it is created by third parties. While Soda Pop Graphics aims to provide correct advice, and other information, Soda Pop Graphics does not make any warranty regarding the accuracy, reliability or use of any information served by Soda Pop Graphics.
Soda Pop Graphics may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. One of the primary purposes of cookies is to provide a convenience feature to save you time. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Soda Pop Graphics.
Soda Pop Graphics collects the following categories of personally identifiable information: first and last name; home and other physical address, including street name and name of a city and town; email address; telephone number; social security number; and other demographic and personal information such as age, gender, education and interests. Soda Pop Graphics may share this personally identifiable information with the following categories of third party persons: any person or entity that the consumer has given permission; any third party affiliate, agent, service provider or business partner of such person or entity; any affiliate, agent, service provider or business partner of Soda Pop Graphics; any court, law enforcement agency or other investigator; any owner, successor or purchaser of Soda Pop Graphics or its assets.
Your privacy is important to us and we want you to have a safe and enjoyable online experience. We hope you find our services helpful.
What is project insurance through Soda Pop Graphics? We disclose a 30 – 60 day insurance policy (depending on what type of project you have completed with us) for our customers. This insurance document insures that we’ll cover:
- Any functionality or operation on clients website that was completed and included in their original and signed proposal agreement that is not functioning properly after approval of the finished product on due to our own fault.
- Any back-end or front end admin functionalities that are not functioning properly based on findings from both the customers team and our technology team, after testing if we concur that there is a dysfunction we will correct the issues at hand at no additional charge due to our own fault.
Items that are not included in your insurance – which can and will be charged at our hourly rate of $108 per hour:
- Adding or removing anything whether it be additional pages, content from site, artwork, data from database, or administrative extras
- Changing or modifying any and all already completed work after approval
If by chance another company outside of Soda Pop Graphics modifies any part of your website, be it front end or back-end, we are no held liable for that. It is up to the customer at that time to discuss options of restoration if anything happens fail at that point. We require that if you have another team outside of Soda Pop Graphics modify anything on your site to let us know so that we can make documentation of it at that time.
- What is Soda Pop Graphics responsible for in regards to our customers websites throughout the end of their hosting duration with us?
- We are responsible for server security through our host company Applied Path.
- By contract what is Soda Pop Graphics not responsible for in regards to a completed website?
- We are not responsible for any outsider finding access to the website for any reason
- We are not responsible for the actions of any hacker attacks, public attacks, lost or stolen information
- We are not responsible for data that is retrieved from or added to the website by your team
- One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate or make available to others. When our customers and users obtain information through the Internet, they must keep in mind that Soda Pop Graphics cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Subscribers (internet users) may acquire. For this reason, the customer/user must exercise his or her best judgment in relying on information obtained from and placed on the Internet . Because we cannot monitor or censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications such as hacking or fraudulent activity.
- We cannot control the internet and those who try to hack – it can happen no matter what server you’re on.
- We are not responsible for fixing any additional work that another developer or tester had added or done to the website at any given point
- We are not responsible for any additional features that need to be added to the website or that the client desires to be added to the website unless we contractually accept the terms to do so
- We are not responsible for any changes or needed corrections after the client has APPROVED their website project.
- What types of server backups do we provide for our clients? Backups for our clients would retrieve and replace the most recent and viable state of data for your email, website and databases.
- 24 Hour Backup – contains any information that is saved at the midnight hour of our time zone and will save whatever is currently on the server. This provides the host an opportunity to do a “rollback” in case anything in a 24 hour period was removed or lost.
- Differential Backup – Differential backup contains all files that have changed since the last FULL backup.
The advantage of a differential backup is that it shortens restore time compared to a full backup or an incremental backup. Restoring a differential backup is a faster process than restoring an incremental backup because only two backup container files are needed: the latest full backup and the latest differential.
- Offsite Backup – This method of backup allows for data to be restored from tape media, or disk backup methods. Usually in a case of Disaster Recovery a offsite backup is requested. Offsite backups go back 4 weeks at a time and the cost is $120.
- What can be done additionally to aid in better security for our customers websites?
- Change all passwords to even longer strings of characters, numbers and symbols on a regular basis
- Change passwords to the databases, domain admins, the website admins, all emails on their accounts on a regular basis
- Never share your passwords with anyone
Indemnification – The company shall, in no way, be responsible for the Client’s use of any Actions accepted herein (either affirmatively, or by silence), and the Client agrees to indemnify and hold the Company harmless from any claims or actions arising from the Client’s use thereof. Client agrees to indemnify and hold the company and its officers, directors, agents, affiliates, and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (a) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statue, ordinance, rule or regulation throughout the world in connection with any content provided by Client; or (b) arising out of any material breach by Client of any duty, representation or warranty under any agreement with the Company.
Miscellaneous: In the event a court is needed to settle a dispute over any contract the court in question will be a Missouri State court.
These policies apply to each and every job with SPG Web + Marketing LLC 2004-2020