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 by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, 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, 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 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. 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 cancelling your membership, you are authorizing me to charge you at your membership rate.
- 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 (50% off of the non-membership rate of $197). 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 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 the most of my time helping you personally. 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 cancelled.
- 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 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 $197/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.
- 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.
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 3/5/2019