This page outlines our Terms of Service. Please read carefully before submitting payment.
The term “you” refers to anyone who uses, visits and/or views the website. Skout Media (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Details of the Work
You are hiring us to design and develop a website(s) for the estimated total price outlined in your proposal.
You certify that you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything we need to complete the project, including text, images, fonts, and other information, as and when we need it and in the format, we ask for. You agree to review our work, provide feedback, and sign off approval promptly and are bound by any deadlines that we set together. You also agree to keep to the payment schedule set out in this proposal.
We have the experience and ability to perform the services you need, and we will carry them out professionally and promptly. We will endeavor to meet all the deadlines set but are not responsible for a missed launch date or deadlines if you have been late in supplying materials or have not approved our work on time at any stage. We will also maintain the confidentiality of any information that you give us.
We will create designs for your website’s look, layout, and functionality. This contract includes one main design and two opportunities for you to make revisions to the final design. If you are not happy with the design at that point, we will provide you with an additional quote for the extra design work needed. If you wish to cancel our agreement, you may do so, and we will retain the payments for the work completed to date.
Design Testing
We will test our designs in current versions of all major browsers, including those made by Apple, Microsoft, and Google.
We will not test these templates in old or abandoned browsers, for example, Microsoft Internet Explorer for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox, or Chrome unless otherwise agreed upon.
Text Content
We are not responsible for writing or inputting any text copy unless included in your proposal. We will be happy to help, but significant work on our part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.
Photographs
If needed, you will supply us with photographs either in digital or printed format. If you choose to buy stock photographs, that price will be added to the initial quote. Stock photography will not be purchased without your written approval. You are also encouraged to check sites like Unsplash.com for royalty-free stock images.
Changes and Revisions
The estimate/quotation prices in this proposal are based on the time we estimate we will need to accomplish everything you have told us you want to achieve. If you want to change your mind, add extra pages, or even add new functionality, that won’t be a problem. You will be provided with an additional quote for the extra work at that time. For anything outside the scope of this original agreement, we may charge an additional 30% scope fee to our normal hourly rate.
Technical Support
The quote provided includes the installation of your site on your server. Updates to and management of that server, plus any support issues or integrations like Google Analytics, will be up to you unless you choose to purchase our site maintenance plan.
We do not offer or include technical support for website hosting, email, or other services relating to website maintenance unless you choose to subscribe to a site maintenance plan.
Site Maintenance Plans
We only provide ongoing service for sites actively subscribed to a site maintenance plan. All of the details of each plan are outlined here and the features of each plan are guaranteed during the active billing cycle. If features or pricing is adjusted, all actively subscribed clients will receive a written notice outlining the changes and be given the option to adjust their plan selection in accordance with the new features.
Copyrights
You guarantee that you own any elements of text, graphics, photos, designs, trademarks, or other artwork you provide for inclusion on the website or that you have permission to use them.
When we receive your final payment, the copyright is automatically assigned as follows:
You own the visual elements that we create for you for this project, and you should store them carefully, as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs, and other data you provided unless someone else owns them. We own the HTML markup, CSS, and other code, and we license it for you only on this project.
We own our premium theme license(s) and cannot share them with you unless you subscribe to one of our site maintenance plans. If you wish to continue receiving theme updates and choose to conduct your own site maintenance, you will need to purchase your license(s).
We also reserve the right to display a link in the footer, link to your completed project as part of our portfolio, and write about the project on/in websites, magazines, and books.
Termination
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
Payments
Our payment schedule will be as follows but may be revised based on further conversations between us.
- A maintenance plan must be selected and payment submitted before work begins
- The initial 50% of the development cost is due before work begins
- The remaining 50% of the development cost is due upon completion
We accept payments via Credit & Debit Cards and ACH Bank Transfers; in some cases, we may require ACH payments.
No Refunds
All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind.
No Warranties
All content, information, products, and/or services on the website are “as is” and “as available” basis without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose, express or implied to the full extent permissible by law. The company makes no representations or warranties as to the content, information, materials, products, and/or services provided on this website. The company makes no warranties that the website will perform or operate to meet your requirements or that the information presented here will be complete, current, or error-free. The company disclaims all warranties, implied and express for any purpose to the full extent permitted by law.
Limitation of Liability
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
Indemnification
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
Entire Agreement
These Terms of Service constitute the entire agreement between you and us with respect to your website(s). It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written.
A printed version of this entire agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to your website(s) to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
Severability
If any provision in these Terms of Service is deemed by a court, regulatory authority, or other public or private tribunals of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.