1. The Terms and Conditions posted here are subject to change without notice. Refer back frequently.
2. “Company” and/or “the company” shall mean Creek Holdings, Inc. DBA Webfoot Designs, Inc.

Payment Obligations:

All invoices have one of the following payment terms:

1. Net 30: This payment obligation states that the balance contained within the invoice is due no later than 30 days past the invoice date. Any account which carries a balance beyond 60 days is not eligible for additional services until the customer account can be brought within a current status.
2. 50/50: This payment obligation states that a half down payment is required to begin the start of work. Once the work has been completed, but before delivery of the product, the remaining half or balance is due. Once the full balance has been paid, deliverables will be received by the customer.

General Conditions:

Managed Website Solution

The Managed Website Solution is billed monthly “Net 30” and is a 2 year contract term. Managed Website Solution includes the design, development, hosting, backup, and maintenance of a website by Webfoot. Initial billing starts no later than 30 days after project start date or the launch of the website, whichever occurs first. Client is responsible for the entirety of the commitment term billing.

Website Hosting

Website hosting is billed annually “Net 30” and is a one year contract term. Hosting is to be paid in full before the start of the term. There is no refund offered for unused portions as a result of a cancellation.
Webfoot hosting does not include security checks, code updates, or regular back-ups. Webfoot hosting has a disk space quota of 10GB and a bandwidth limit of 15GB. If a limit has been reached there will be a $5 fee for each additional 2GB for that month. It is the responsibility of the client to monitor disk space and bandwidth usage.
In case of website compromise, the website will be suspended until cleaned of malware, malicious files/code. Site security, updates, and patches are the responsibility of the client.
If the client requests/receives cPanel access they have access to core files of his/her website. Changing these files could cause potential unwanted damaged to the website.  Webfoot hosting service does not maintain regular back-ups of websites and it is recommended before  any changes are made to do a backup.  Webfoot is not responsible for any lost files or changes made to the website.

Domain Registration

Domain registration is billed every two years “Net 30” and is a two year contract term. The company manages domain registration compliance on behalf of the customer, however the company does not register and renew domain registration until payment for the domain has been received in full. Once the domain expires, only a short window is offered from the domain registrar before ownership of the domain is lost and the registered domain is deleted from the company holding account. Upon written notice from an authorized representative, a domain registration will be released for transfer if cancellation is requested. There is no refund offered for unused portions as a result of a cancellation.

SSL Certificate (Secure Sockets Layer)

SSL certificate is billed annually “Net 30” and is a one year contract term. The company manages the SSL certificate registration compliance on behalf of the customer, however the company does not register and renew an SSL certificate until payment has been received in full. Once the SSL certificate expires, the website could experience page breakages and unsecure connection. There is no refund offered for unused portions as a result of a cancellation.

Unique IP

Unique IP is billed “Net 30” and is a one year contract term. Unique IP is required for all SSL certificates installed on company servers. There is no refund offered for unused portions as a result of a cancellation.

SEO (Search Engine Optimization)

SEO is billed “Net 30” and is a one month contract term with payment in advance. All SEO work is paid ahead of deliverable and is generally billed one month in advance. All SEO practices are executed with industry best techniques and processes, however no guarantee or warranty is expressed nor implied in regards to performance of the SEO strategy that is performed. Results may vary. No refund is offered as a result of performance or cancellation.

Customer Support

Customer support is billed “Net 3” and is defined as any and all time spent by personnel of the company accepting and returning phone calls, accepting and returning emails, and working within the control panels or file structures of customer accounts. All customer support requests are billed at a 30 minute minimum and in 15 minute increments. All requests for service are handled in the order in which they are received. 

Website Design, Development, and Delivery – Standard Agreement and Procedure: General Conditions

Website design, development, and delivery project is billed “50/50” and is a 90 day contract term. Once the website proposal has been accepted, a payment of 50% of the amount due will be required to begin the project. Balance due upon project completion or on the 90th day, whichever comes first. Website agreements are considered completed on the 90th day. All work will be completed by the company in a professional manner according to standard practices. Any alteration or deviation from proposal specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the website proposal. Website proposal pricing is good for 30 days from date of proposal. The work shall only include elements specifically identified in the website proposal.  Completion dates for performance of the work shall be extended in the event of strikes, accidents, material shortages or other delays beyond the control of the company.

Website Design, Development and Delivery – Additional Conditions:

Website Design

Website design phase will be presented in static image format as a starting point for the new website. Design phase to include a custom design and 2 revision sessions to that design. Additional design revisions will be charged by standard hourly rate.

Website Development

Website development will include a maximum number of pages according to the amount specified in the proposal. Once the total page count reaches the specified number of pages, an additional hourly is charged for additional pages. Client to supply the content for each page.

Website Delivery

Website delivery will include 1 content revision to each page. Additional content revisions are available by request and will be charged by standard hourly rate.  The website will be pushed live only after the proposal agreement is deemed completed and a final payment has been remitted.

Training

Once the website has been built, the customer may wish the ability to login and maintain the website from their location via the CMS framework. Training sessions are available by request by hourly fee to teach the customer the fundamentals of working with the CMS, should they desire the ability to do so. Training to be completed at the company office, in Manteno IL. If it is preferred or required that the training consultation be held at the customer facility, an additional hourly rate and travel charge will apply.  If it is preferred or required that an online training session be completed, an additional hourly rate will apply.  Additional training sessions are available by additional hourly rate.

Warranty

The warranty period for the website will expire 10 business days after website is pushed live to the internet or 10 business days after CMS training is completed, whichever occurs first. Any breakages to the website beyond the warranty period may result in an additional hourly rate. Scheduled and ongoing maintenance to the website framework is the responsibility of the client. The company can provide maintenance agreements by request and all maintenance agreement fees after the initial term may be changed at anytime or from time to time by the company.

Customer Content

The company assumes and the client shall be deemed to represent to company that the client is the rightful owner or has permission from the rightful owner to use any images, content, text, videos, or design elements (collectively “Elements”) that are provided by the client for inclusion in the website throughout the duration of the operation of the website.  Client will indemnify, defend and hold the company from any claim, assessments, damages, judgments or suit arising from the use of such Elements, including but not limited to any claim for attorneys fees. The company does not monitor, nor is responsible for any files, text, photos, videos, archives, databases or other similar type objects which the client installs, uploads, stores, or publishes to the internet via company servers.

Stock Photos and Videos

If stock photos or videos are to be used on website projects, this cost would be the responsibility of the client.

Hourly Fee Schedule

Any updates/consultation/training/modifications are deemed as billable.
Any requests for immediate service and outside the process order of the support queue are billed at a rate of 1.5 times the standard hourly fee.

Account Deletion

Any invoices that are older than 60 days from the invoice date are considered to be in delinquent status and the account services are subject to termination.  All services related to the account shall be scheduled for deletion upon the 61st day.  There is no promise or guarantee, expressed or implied, that client files or domains are archived or have the ability to be reclaimed after the account becomes delinquent in status and the company shall have no liability for the loss or damages caused by or attributable, in any way, to the loss of such files or domains. The company is not obligated to return any data to client upon termination of services.  Client acknowledges than any loss or corruption of data which occurs due to an interruption in service, regardless of the cause of the interruption, shall not be the responsibility of the company.

Communication

All invoices are generated electronically and electronic communication is the standard process for invoice delivery.  It is the client’s responsibility to ensure their correct and preferred email address is on file with the company so that invoicing and other means of communication can be delivered from the company to the client.

Service Interruptions/Warranties/Liability Limitations

The company disclaims any warranty that services will be uninterrupted, timely provided or error-free. The company does not make any representations or warranties of any kind whatsoever, express or implied, in connection with the services.  Client agrees that company will not be liable for any (i) suspension or loss of service, (ii) interruption of business, (iii) access delays or interruptions,  (iv) loss resulting from acts or God or third parties, (v) data loss, non-delivery, mis-delivery, corruption, destruction or other modification, and (vi) loss resulting from unauthorized use or misuse of your account.  The company shall not be liable for any indirect, special, incidental or consequential damages of any kind, including but not limited to lost profits, regardless of whether such action is in contract, tort or otherwise.  In no event shall the maximum aggregate liability of company exceed the total amount paid by Client for the services for the immediately preceding month or $150.00 whichever amount is greater.

Terms Incorporated Into Agreement

The provisions set forth in these Terms of Service are incorporated into and deemed to be a part of all agreements with company for the services described herein unless specifically excluded by written agreement with the company.  These terms of service supersede any prior agreements, understandings and course of dealings between the company and client.