Updated March 9, 2023
Terms & Conditions Recent Updates
General Definitions
“Agreement” and “Contract” refer to the signed agreement.
“Client”, “You”, “Your” shall mean any person, business, or entity that has received approval for an arrangement with SDM.
“SDM” and “Company” refers to Sundance Digital Marketing, its partners, and subcontractors.
Assignment of Work & Partnerships
Any and all partners and subcontractors of Sundance Digital Marketing (SDM) are included when referring to “SDM”. You may see our partners and/or subcontractors information included on invoices or in other communications.
SDM reserves the right to assign subcontractors tasks to ensure tasks are completed on time and with high quality.
If Client, or a 3rd party hired by Client, installs or customizes Plugins or Themes on the website(s), or does any other work that causes the website(s) to not work properly or go offline, or the website(s) is hacked due to changes made by the Client or the 3rd party hired by Client, Client agrees to pay SDM the going hourly rate billed in 30 minute increments to fix the issue and bring the website(s) back online.
Fees & Payments
The agreed hourly rate for work carried out during the normal business hours (Monday – Friday from 8:00 AM CST – 1:00 PM CST) is made known before work commences. Any work done above and beyond the services mentioned in the Proposal/Agreement will be charged at the going hourly rate and billed in 30-minute increments. Any work done outside of the normal business hours will be charged at the overtime rate. Overtime Rates will only be charged when the client has directly requested work to be done during these hours.
SDM reserves the right to change the normal and overtime hourly rates periodically. Client will be informed verbally and/or in writing should this rate be changed during the term of this agreement.
All deposits are non-refundable, unless for an unexpected circumstance that happens to the Client before SDM begins work on the project, such as, death, long-term hospitalization, mental incapacitation, physical or mental disorder that prevents Client from moving forward with the agreement.
If any agreed payment according to this service Agreement is overdue by 7 (seven) days, any work done by SDM could (1) be charged at the going hourly rate, (2) SDM may not provide any website services until the account is current, (3) the website may be taken offline and/or (4) there may be an additional late fee added to the unpaid amount each month until full payment is received.
If SDM takes Client’s website offline due to late payment(s), Client agrees to relinquish ownership of the website to SDM until full payment has been made.
If work is postponed due to Client not providing required materials, and the development website has already been created, Client will be responsible for monthly payments for hosting the website. Monthly payments start 30 days after the date of the signed Agreement.
A 10% Processing Fee will be added to any monthly recurring payment plan option that’s using a credit/debit card to make payments with to cover processing and management fees. Payments made through a bank checking account will not incur a processing and management fee.
Credit/debit card payments on invoices will be charged an additional 3% processing fee.
A Returned Payment Fee of $25 will be assessed if any payment has been declined by Client’s bank or credit card company.
Termination
Either party may terminate this Agreement by giving 15 days written notice prior to the end of the billing cycle to the other of such termination.
If Client’s website is being hosted with SDM, SDM will provide Client with a final full backup of the website(s) 7 (seven) days after receipt of final payment.
In the event that work is terminated before completion of a project, SDM shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within 7 (seven) days of the Client’s written notification to stop work, unless a different date is agreed upon. The Client shall assume responsibility for collection of all legal and non-legal fees necessitated by default in payment.
Website Design
SDM will create designs for the look-and-feel, layout, and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of major revisions. Major revisions are considered changes to the main design/layout of the pages, the global font styles and/or the global color scheme. If you’re not happy with the designs at this stage, you may either cancel this contract and, if the deposit does not cover the amount of time spent on the development, pay us in full for all of the work that we have produced until that point, or continue to commission us to make further design revisions at our standard hourly rates.
Since there are so many different web browsers in use, i.e., Google Chrome, Firefox, Microsoft Edge, Safari, Opera, etc., we cannot guarantee that a website we build will render properly on older versions of browsers, especially if they are no longer supported by the browser’s developer.
Computer screen dimensions vary, and since our websites are responsive, they will look different on different devices. How it looks on your computer monitor may be slightly different than what it looks like on mine, e.g., paragraphs are designed to respond to the different widths of screens so you may see the last word on a line by itself, where someone else may see that same word on a line with other words.
Click the following link to see how your website will look on different screen sizes. Link opens in a new Tab. https://responsivedesignchecker.com/
Artwork Approval, Errors and Omissions
SDM will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, the Client’s responsibility is to check all artwork carefully before final sign off and publishing. As a result, SDM is not liable for loss, expense, or damage caused by any act or omission.
Ownership
While payments are being made, the website and/or any other product will be owned by SDM and hosted on SDM’s servers, and backed up daily. SDM will be responsible for maintaining the security of the site, i.e., updating plugins, updating the Theme, updating WordPress Core. Once final payment has been made, and if necessary, SDM will migrate the site back to the server Client will be hosting the site on.
After receipt of final payment, the website and/or any other product shall be exclusively owned by Client and shall be considered works made for hire by SDM. Client shall exclusively own all United States and international copyrights and all other intellectual property rights in the website, and any future improvements to the website, and in the domain name.
Permissions and Releases
Client gives their full permission for SDM to use their website, and/or images of the website for promotional use. Client will not attempt to obtain any fee now, or in the future, for this use. Client also understands that SDM may put their company name and link to their website on all websites they design and/or maintain.
SDM agrees not to misuse or disclose any confidential information that may be made available by Client.
Client agrees to indemnify and hold harmless SDM against any and all claims, costs, and expenses, including attorney’s fees, due to materials, including, but not limited to, artwork, photography, videography, and content, included in the Work at the request of the Client or any third party for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Client agrees to indemnify and hold harmless SDM against any and all claims, costs, expenses, negligence, or actions, including attorney’s fees, due to any suit that may be brought against Client or any third party for violation of any digital laws, rules and regulations, or any digital laws, rules and regulations of Client’s industry. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data, or otherwise, even if expressly advised of the possibility of such damages
Privacy Policies
SDM is not a law firm and does not provide legal advice. SDM provides Privacy Policies as a service through a third-party privacy policy generator.
Applicable (state, national, or international) laws may require your website to have a Privacy Policy. SDM is not responsible for your business complying with any applicable privacy laws. We have an affiliate relationship with a third-party privacy policy generator service, and we can assist you with setting up your policies and linking them to your website.
Should you choose to work directly with our third-party privacy policy generator, your relationship will be directly with them, governed solely by their Privacy Policy and terms of service. You are under no obligation to utilize our third-party privacy policy generator service, there are other privacy policy services and privacy attorneys available.
Client has been notified about the importance of having a Privacy Policy that is in compliance with any new laws that may affect their business. Client agrees to indemnify and hold harmless SDM against any and all claims, costs, and expenses, including attorney’s fees, due to any suit that may be brought against Client or any third party for violation of any privacy laws.
ADA Accessibility
SDM does our best to follow the ADA’s Guidelines on Web Accessibility, however, no website can ever be 100% accessible. Client has been notified about the guidelines and agrees to indemnify and hold harmless SDM against any and all claims, costs, and expenses, including attorney’s fees, due to any suit that may be brought against Client or any third party for violation of any ADA regulations.