- SwiftSites Studio Website Terms of Service
- Website Terms of Service
- Web Hosting and Email Terms of Service
- Affiliate Program Terms of Service
Website Terms of Service AgreementWe 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.
DesignWe 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.
ContentWe 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 photographsYou 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.
Browser testingBrowser 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 testingMobile 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 supportYour 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 revisionsWe 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.
LiabilityWe 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 workWe 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 DetailsView Website and Care Plan Details
Web HostingYour Monthly Care Plan includes Web Hosting that is subject to our Web Hosting Terms of Service.
Website Care Plan Minimum TermAll SwiftSites Studio Websites are built on our secure, high performance, hosting platform, and include daily website maintenance and off-site backups. A minimum 6 month Care Plan term is required with every SwiftSites Studio website.
Website Software and Care Plan Premium Plugins and Extensions LicensingYour 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 scheduleYou 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 detailsWe 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.
- Website: Payment due upon booking
- Care Plan: First payment due no later than 1 day before website launch.
Payment Plans for WebsitesWe 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 CancellationsDue to scheduling demand, we request that you cancel in writing 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.
TerminationIf, at any point, you change your mind about continuing your monthly hosting and care plan service, you may request cancellation at any time. 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 conclusionThis 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 ServiceSwiftSites 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.
ContentAll 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)
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 LimitationsIn 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.
- 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.