These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website and the services described within, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and the services contained within, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website or the services contained within if you have any objection to any of these Website Standard Terms And Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Sky Stover Web Design & Internet Marketing, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or
may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in
relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Sky Stover Web Design & Internet Marketing, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Sky Stover Web Design & Internet Marketing, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Sky Stover Web Design & Internet Marketing, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties.
This Website is provided “as is,” with all faults, and Sky Stover Web Design & Internet Marketing, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Sky Stover Web Design & Internet Marketing, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website or the services within, whether such liability is under contract, tort or otherwise, and Sky Stover Web Design & Internet Marketing, LLC, including its officers, directors, employees, and contractors shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website, design, or membership services.
You hereby indemnify to the fullest extent Sky Stover Web Design & Internet Marketing, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
Sky Stover Web Design & Internet Marketing, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Sky Stover Web Design & Internet Marketing, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Product/Program Terms:
11a. Membership Program Terms
One feature of this Website and its services is the “Membership Program.” The following terms apply to those who are signed up for the membership program:
- Memberships are “no-contract,” meaning that they do not have a term period. You can cancel any time you like via the Paypal user interface, or by asking me to suspend payments.
- Payments are scheduled and performed automatically each month. By not canceling your membership, you are authorizing me to charge you at your membership rate, regardless of whether or not you are taking advantage of all membership perks.
- Once a scheduled payment has been made, a refund may be requested but is not guaranteed. Sky Stover Web Design & Internet Marketing, LLC reserves the right to deny a refund for any reason.
- Most membership plans include a fixed amount of time that you are able to use in a given month. In the “Basic” plan, this time does not roll over from month to month and expires when the next billing period begins. I do it this way so that I’m able to keep “Basic” affordable for the majority of business owners.
- Membership levels above “Basic” do feature roll-over hours for one month. For example, if you have 90 minutes each month and only use 60 of those in May, you will have 120 minutes to work with in June. When June ends, those May minutes disappear. Remember those cell-phone plans back when minutes were a thing? It’s like that.
- Additional hours may be purchased a la carte at the “discount member rate” of $97/hour (Discount from non-membership rate of $125). I typically will perform overtime work first (after receiving your approval), and will bill for the time I used. I’m fair and I don’t “round up”.
- Annual Plans: You may pay for a year of membership in advance and receive two months for “free”. This, however, does not give you all of that time “at once” to be used whenever. Your time will still behave as if you are paying monthly, with it resetting each month on the day that your billing period started. So, for example, if you pay for a year of “basic”, you will immediately have 60 minutes, which will reset in exactly one month.
- I make daily automatic back-ups of all client WordPress sites using the platform “ManageWP”. I cannot guarantee that these are error-free however they’re typically very reliable.
- I make regular updates to plug-ins, themes, and WordPress Core, also using ManageWP. Keeping your site updated is the #1 way to prevent a hack. I typically perform these updates once a week, on Mondays.
- I display my Website link in the footer of all client Websites. This is good for both of our Google rankings.
- I do occasionally make use of third-party contractors in order to spend most of my time helping you personally with the things I do best. These third-party contractors may be given administrator access to certain parts of your Website or other platforms to perform maintenance, updates, backups, or other scheduled tasks. Reasonable steps have been taken to ensure the fidelity and security of this arrangement. If at any time you would like me to revoke all access from third-party contractors, you must do so in writing. I will revoke access within 7 days and request that any relevant data be destroyed.
- In the event of a payment lapsing, Paypal will usually try again in a few days. If your payment continues to fail, your membership may be canceled.
- In most cases where I am performing work for you, you own the exclusive copyright and may use the work however you see fit. In certain cases, which will be mentioned in writing, I may opt to retain part or full ownership of the work I create.
- I may occasionally use you, your business, your likeness, or screenshots/screen-captures of your Website and/or work I am performing for you for instructional or marketing purposes. I will thoroughly check each video to the best of my ability for any proprietary information that needs to be scrubbed. I own the exclusive copyright to any images/videos related to the above and may use/share them as I see fit, however you reserve the right to ask me to take down any content which features your Website. You must do so in writing and allow me at least 7 days to take down the content.
- I am not your employee and you do not pay me benefits. Because of this, I am not at your “beck and call”. I have 30+ members that I work with, all of whom need my undivided attention for their time each month. It is not fair to the other members to expect me to act as your employee or personal assistant.
- While there are few limitations to what I will do on the membership time, I reserve the right to deny requests. For example, I do not do social media and I do not do data-entry. When I receive requests like these, I will almost always refer you to someone who can better assist you.
- When your membership ends, either through cancellation, failure of payment, or otherwise, the following happens:
- Site updates are no longer performed by me.
- Site backups are no longer performed by me, and will be removed from my system.
- Your access to any membership sites included with your plan will be revoked. You may not attempt to re-access or re-distribute the materials contained within the membership site.
- I will continue to provide some basic Email support (within reason, which will be determined by me) – however any on-site changes, substantial consultation time, or what would otherwise be considered by most to be professional work will be billed at the standard non-member rate of $125/hour.
- You may re-activate your membership at any time at the discretion of Sky Stover Web Design & Internet Marketing, LLC. Note that I cannot guarantee your previous rates. When you cancel membership, you lose any “grandfather pricing” you may have had, and are subject to the latest offers.
- My Hours are typically Monday thru Thursday from 9 AM to 4 PM. I volunteer on Fridays and do some finish-up work Friday afternoons. I get a lot done during these hours. If you Email me outside of these hours there may be a longer turn-around time.
- Free phone calls are only included in the VIP plan, and all phone calls are to be scheduled at https://stovermagic.youcanbook.me. I will occasionally respond to text, but if you want me to remember to get something done it needs to be requested via Email.
- Honesty and transparency are the best policies. I am not a mind-reader. If you are unhappy with the service or design being provided, that is something that you need to let me know as soon as possible so that I may remedy it. Failing to tell me when work I am completing is not meeting your expectations is not fair to either of us.
- YOUR RESPONSIBILITIES:
- It is 100% your responsibility to provide me with tasks to complete. I am not a mind-reader (any more!) and I cannot just “guess” that you want something done.
- It is 100% your responsibility to provide tasks in a timely manner. I pride myself on my turnaround time, but because of the nature of this program I have a lot of tasks to get done in a given week. That means that if you have a launch coming up in 2 weeks it’s probably too late to start doing anything about it. Smaller tasks have a quicker turnaround time (often within 48 hours).
- It is 100% your responsibility to check that the work is error free. I am human and do make mistakes and overlook things occasionally. If there are errors found, I will do my best to rectify the situation. This does not mean that everything is going to be fixed for free or “off the clock”.
- IMPORTANT DISCLAIMER: The nature of any program such as this is that I will be working closely with you and your Website to hopefully make it better and improve your business. I hope it goes without saying that you know your business best. I am human, and therefore my advice and IT support should never be considered error-free. Any advice I give you should be carefully considered before taking action on or authorizing. I take absolutely zero responsibility for any damages, breaches, or losses (financial, personal, or otherwise). I am also not a lawyer and am not authorized to give professional legal advice. Any suggestions I make should be carefully considered with your legal and tax professionals.
11b. Full Website Design Terms
One feature of this Website and its services are the “Full Website Design Plans“. The following terms apply to those who sign up for one of these, or similar, full web design packages by Sky Stover Web Design & Internet Marketing, LLC:
- Full website design packages are typically broken into 5 phases: Strategy, Content Creation, Design, Revisions, and Launch. We will not move on to the next step until the previous is completed. For example, the best design results come from having all of the content ready to go before design even starts.
- Payment agreements typically follow the following format: 50% upfront, followed by either 4 monthly payments or 50% immediately prior to launching the website. See “cancellation terms” below for more information on how payments work, and what is and is not due if you decide to cancel.
- Once a payment has been made, a refund may be requested but is not guaranteed. Sky Stover Web Design & Internet Marketing, LLC reserves the right to deny a refund for any reason.
- Full website design packages are considered “off the clock”. I do not track the time or charge an hourly rate. Rather, you will receive:
- Up to four (4) 45-minute strategy sessions via phone.
- One (1) full website design based on our strategy sessions.
- Two (2) full lists of revisions completed.
- One (1) teaching session where I will show you how to make basic edits to your site yourself.
- Additional phone calls or further rounds of revisions will be charged at an hourly rate.
- Scope: Aside from the above inclusions, a “scope” will be developed for your project. This will keep us on track for what is and is not included as a part of your package. Additional work outside of this scope may result in additional fees.
- Deadlines: I will make the best estimate as to when the site and various steps in the process will be finished. Note that these are subject to change based on factors beyond my control. In addition, much of the deadline being met depends on you getting content to me in a timely manner. Delays during this step will result in launch delays.
- I do occasionally make use of third-party contractors. These third-party contractors may be given administrator access to certain parts of your Website or other platforms to perform maintenance, updates, backups, or other scheduled tasks. Reasonable steps have been taken to ensure the fidelity and security of this arrangement. If at any time you would like me to revoke all access from third-party contractors, you must do so in writing. I will revoke access within 7 days and request that any relevant data be destroyed.
- I am not your employee and you do not pay me benefits. Because of this, I am not at your “beck and call”. I have 30+ members that I work with on a monthly basis in addition to full website projects, all of whom need my undivided attention for their time each month. It is not fair to me or my other clients for you to expect me to act as your employee or personal assistant.
- A note on communication and transparency: This is very important. I am not a mind-reader. The website design you get is a result of the communication, content, and revisions you give me. If you tell me you are happy with the way things are going, I am going to believe you and stay the course. If you tell me what you aren’t happy with the way things are going, I will do my best to fix it. Not telling me when you are not happy with the direction of the site only does a disservice to both of us. I am not going to take it personally if you think we need to change directions, and it 100% your responsibility to do so ASAP. I will take it personally if you tell me you’re happy up until the last minute, and then cancel and try to find a different designer. Be kind. Be honest. I will do the same.
- CANCELLATION TERMS: If you decide to cancel our project together, the following will go into effect:
- I will remove any security monitoring, back-ups, updates, etc.
- I will delete any copies of draft websites, content, images, etc. These will be deleted permanently and are unrecoverable.
- If you decide to cancel after the “design” phase (either during the “revisions” phase or the “launch” phase), 100% of the final balance is DUE IMMEDIATELY. Just because you decided you didn’t want to launch the site we created together does not mean that I should not be compensated for the work that I put into it. If you are dissatisfied, I am more than willing to work with you to make the site more in line with your vision, but regardless, the final payment that you agreed to at the beginning of us working together will be paid in full.
- If you decide to re-hire me after canceling, you will need to start a new package and your previous payments will not apply. I have had a handful of clients over the years cancel their projects to work with a different designer when they don’t like the direction things are headed in, only to come back once they realize the problem was with their communication and not my services. It is unfortunate and can be costly to start all over, but it is not fair to me to have me design two websites for the price of one.
- YOUR RESPONSIBILITIES:
- It is 100% your responsibility to provide me with content, images, brand elements, etc. in a timely manner. Failure to do so will result in launch delays.
- It is 100% your responsibility to hire me with 2-3 months of time before your deadline. I pride myself on my turnaround time, but I have a lot of tasks to get done in a given week. That means that if you need a full website built, and need it to be launched by the end of this month, you are already too late.
- It is 100% your responsibility to make post-launch SEO optimizations (for example, blogging regularly) in order to increase the Google ranking of your site. A new site design alone likely will not vastly increase your Google rankings (unless your current site is extremely old/unoptimized). The best way to get ranked is to blog on topics people are searching for regularly (2-4 times/month). If you aren’t getting the SEO results you were hoping for, this is not a result of the design. You may join any of my membership programs where I can help you with regular SEO updates or point you in the right direction.
- It is 100% your responsibility to be open and honest about how you feel about the project as we work on it. As stated above, I am not a mind-reader and if you say you’re happy and there are no issues, I am inclined to believe you. “Sparing my feelings” or lying does not help either of us. Tell me ASAP if you have concerns over the work so that I may do my best to remedy them.
12. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Sky Stover Web Design & Internet Marketing, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Pennsylvania for the resolution of any disputes.
Last updated 4/18/2020