Terms of Service

 

One-Day, Two-Day, & One-Week Wonder Website Terms of Service Agreement

We will always do our best to fulfill your needs and meet your expectations, but it is important to have things written down so that we both know what is what, who should do what and when, and what will happen if something goes wrong. In this agreement you will not find any complicated legal terms or long passages of unreadable text. We want what is best for both parties, now and in the future. You (“You”), are hiring us Swiftsites Studio (“We or Us”) to:
  • Build and manage a website (“Website or “Site”)

What do both parties agree to?

You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You will give us the assets and information we tell you we need to complete the project. You will do this when we ask and provide it in the formats we ask for. You will review our work, and provide feedback and approval in a timely manner. You will also be bound by dates we set together. You also agree to honor the payment schedule set out at the end of this agreement. Us: We have the experience and ability to do everything we have agreed with you and we will do it all in a professional and timely manner. We will endeavor to meet every deadline that is set and on top of that we will maintain the confidentiality of everything you give us.

Design

We create designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS. We may use visuals to indicate a creative direction (color, texture and typography). You will have an opportunity to review our work and provide feedback. We will either share a demo gallery, Dropbox, Google Drive folder, Github repository, or development site with you and we will have regular contact.

Content

We will create the included pages of your website, as specified on the Website & Care Plan Packages page, using the content that you provide, and incorporate your logo and branding colors into the website design. Unless agreed separately, we are not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services through our contractors, so if you would like us to create new content or input content for you, we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you would like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS and JavaScript

We deliver web page types developed from HTML markup, CSS stylesheets for styling, and unobtrusive JavaScript for feature detection, poly-fills and behaviors.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We will not test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in current versions of: iOS: Safari, Google Chrome Android: Google Chrome on Android Emulator We will not test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

Technical support

Your monthly care plan includes technical support, software updates, and other services as specified on our Website & Care Plan Packages page.

Search engine optimization (SEO)

We do not guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

Changes and revisions

We do not want to limit your ability to change your mind. The price at the time of this agreement is based on the amount of time that we estimate we will need to complete your website, but we are happy to be flexible. If you want to change your mind, order any add-ons, or add anything new, that will not be a problem as we will provide a separate estimate for that additional time.

Liability

We will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can not guarantee that our work will be error-free and so we can not be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them. Your liability to us will also be limited to the amount of fees payable under this agreement and you will not be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we have advised you of them. Finally, if any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world. First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you have paid for the work and that this agreement has not been terminated, we will assign all intellectual property rights to you as follows: You will own the website we design for you plus the visual elements that we create for it. We will give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We will own any intellectual property rights we have developed prior to, or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. All software used in this project is released under the GNU Public License (GPLv2 or later) unless otherwise specified.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books, however, we will honor your written request for privacy if you do not want your website featured as described above.

Website + Monthly Care Plan Details

View Website and Care Plan Details

Web Hosting

Your Monthly Care Plan includes Web Hosting that is subject to our Web Hosting Terms of Service.

Website Care Plan Minimum Term

All SwiftSites Studio Websites are built on our secure, high performance, hosting platform, and include daily website maintenance and off-site backups. A 6 month minimum Care Plan term is required with every SwiftSites Studio website.

Website Software and Care Plan Premium Plugins and Extensions Licensing

Your Website is built using software that is licensed under the GNU Public License (GPLv2 or later) . One or more plugins or extensions that are installed by us on your website are subject to annual licensing fees (“Premium Plugins and Extensions”). SwiftSites Studio owns the licenses to all Premium Plugins and Extensions that are installed by us to your website on or after your build day, and shares the licenses with you as long as you have an active Care Plan subscription. If your Care Plan is cancelled or discontinued for any reason, by you, or by us, your Premium Plugins and Extensions will continue to function, but will no longer be supported, automatically updated by us, or eligible for automatic updates through your website administration area. To continue your eligibility for updates and support on your Premium Plugins and Extensions, you will be responsible for purchasing your own license(s) directly from the plugin or extension developers. View a list of the Premium Plugins and Extensions that may be included on your website.

Project schedule

You agree to have all required materials, as outlined in our Get Ready Guide, on the day that you book to have us build your website.

Payment details

We are sure you understand how important it is that you pay the invoices that we send you promptly. You agree to the following payment schedule.

Payment schedule

  • Website: Payment or deposit due upon booking
  • Care Plan: First payment due no later than 1 day before website launch.
We issue invoices electronically. Payments are due upon receipt. All proposals are quoted in U.S. dollars and payments will be made at the equivalent conversion rate on the date the payment is made. You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest on all overdue debts at the rate of 1.5% per month or part of a month.

Payment Plans for Websites

We offer several payment plan options to accommodate a wider variety of budgets. Payments must be received no later than 14 days after the payment due date. Late payments may result in the temporary disabling of your Website, or the complete removal of your Website from our servers. SwiftSites Studio will not be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them, related to the disabling or removal of your Website. Please contact us immediately if you need an extension to your payment date to avoid interruption in service. Extension requests are evaluated on a case-by-case basis and extensions are not guaranteed.

Booking Cancellations

Due to scheduling demand, we request that you cancel by contacting us at least 7 days before your website is to be built. This gives us the opportunity to offer the date to another SwiftSites Studio customer. If you cancel at least 7 days in advance, SwiftSites Studio will refund your payment in full. If you do not cancel at least 7 days in advance, your payment is NON-REFUNDABLE. If you reschedule, your payment will be held for your new build date.

Termination

If, at any point after the 6 month minimum Care Plan term, you change your mind about continuing your monthly hosting and care plan service, you may request cancellation at any time. If you have not yet reached the 6 month minimum Care Plan term, you will be required to pay for the remaining time left in your plan at the time of cancellation. Your services will continue until the end of your payment period, at which point your website will no longer be accessible on our servers. You will be responsible for backing up your site files and database before your service is discontinued.

In conclusion

This agreement is not transferrable by either party to anyone else without the permission of the other party. We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. This agreement is a legal document under exclusive jurisdiction of United States courts.

Web Hosting and Email Terms of Service

SwiftSites Studio provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by SwiftSites Studio are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless SwiftSites Studio, from any claims resulting from the subscriber’s use of SwiftSites Studio’s services which damages the subscriber or any other party. Note: Pornography and sex related merchandising are prohibited on any SwiftSites Studio shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SwiftSites Studio servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.
  • Adult Sites
  • Game Servers (dedicated game server programs)
SwiftSites Studio will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed. Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited. PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising – Email

  • High volume email deployments of any type are not permitted with any SwiftSites Studio shared account.
  • Spamming, i.e. the sending of unsolicited email, from any SwiftSites Studio server or any server located on the SwiftSites Studio network is STRICTLY prohibited. SwiftSites Studio will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at SwiftSites Studio.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SwiftSites Studio customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any SwiftSites Studio-hosted domain, or referencing any SwiftSites Studio account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Advertising & Promotions Limitations

In the following scenarios SwiftSites Studio clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at SwiftSites Studio. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by SwiftSites Studio.
  • Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
  • Any illegal or unlawful activity
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
ShoutCast Servers – We do not allow Shoutcast Servers due to bandwidth and load issues. Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load. PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited. Server Abuse – Any attempts to undermine or cause harm to a SwiftSites Studio server or subscriber of SwiftSites Studio is strictly prohibited including, but not limited to:
  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of SwiftSites Studio and all dedicated servers must adhere to the above policies.

Password Security and Account Authorization

SwiftSites Studio provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. SwiftSites Studio will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Scheduled Maintenance and Downtime

SwiftSites Studio will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond SwiftSites Studio’s control or which are not reasonably foreseeable by SwiftSites Studio, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. SwiftSites Studio will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SwiftSites Studio has no responsibility for downtime resulting from a user’s actions. Also, the network uptime guarantee does not apply for shared accounts.

Promotional Use

SwiftSites Studio may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by SwiftSites Studio may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the SwiftSites Studio website. This reference will be strictly limited to disclosure that SwiftSites Studio has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at SwiftSites Studio. However, SwiftSites Studio may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations. Any work or professional services performed or provided by SwiftSites Studio under this Agreement shall not be deemed Work For Hire, but SwiftSites Studio shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by SwiftSites Studio.

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Background Processes. Unauthorized background processes shall result in immediate termination of the account. SwiftSites Studio maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.

Credit Card Charge Backs

A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

Disabling of accounts due to overdue payment

Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment:

If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure:

Valid proof of account ownership will be required to terminate an account. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via email sent to team@swiftsites.studio (email subject to valid proof of account ownership). SwiftSites Studio is not able to schedule cancellation requests.

Domain Name Transfers

SwiftSites Studio shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. SwiftSites Studio is not responsible for lost data or for lost data due to third party software that is not maintained by SwiftSites Studio programming staff. (Cpanel is not associated with SwiftSites Studio)

Limitation of Damages or Liability

SWIFTSITES STUDIO SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. SWIFTSITES STUDIO SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF SWIFTSITES STUDIO AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, SWIFTSITES STUDIO PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND SWIFTSITES STUDIO SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and SwiftSites Studio By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by SwiftSites Studio administrators without prior notice. All prices are nonrefundable and nonnegotiable. Any violation of these Terms of Service will result in termination of the account. SwiftSites Studio maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between SwiftSites Studio and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Maryland law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Baltimore City, Maryland, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Disclaimer

Last updated: 2019-07-13 13:04:09
Please read this Disclaimer carefully before using the https://swiftsites.studio Website (the “Website”) operated by SwiftSites Studio by BeeDragon, a(n) LLC based in MD (“us,” “we,” “our”) as this Disclaimer contains important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with this Disclaimer. This Disclaimer applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website. By accessing or using the Website, you agree to be bound by this Disclaimer. If you disagree with any part of this Disclaimer, then you do not have our permission to access or use the Website. No Legal Advice Any information contained on this Website is not legal advice and should not be treated as such. You should always contact an attorney for help with your specific legal needs and issues. Changes We reserve the right to amend this policy at any time without any prior notice to you. Questions If you have any questions about this Disclaimer, please contact us.

Don't miss our special offers!

Sign up to receive our newsletter today.

No thanks, maybe later.
Scroll to Top