You are purchasing the consulting, design, editorial and technical services of Safari Multimedia, LLC. As the copyright holder, you own all website content and original design work. All software and platform code and other third-party components are licensed according to the specific agreements of each developer or copyright owner.
Unless otherwise directed, Safari Multimedia uses “open source” content-management systems (CMS) and commercial components with minimal custom-coding to save significant costs and ensure rapid, critical software updates. Safari Multimedia will update the website’s components (as available) to fix bugs, enhance security and add features at its standard rate, or as part of our hosting or maintenance agreements.
Code modification (hacks) to change functionality is NOT recommended and may void any platform and software warranty; prohibit updates; and cause data loss. Safari Multimedia will charge a one-hour minimum to modify, troubleshoot and upgrade altered software.
Safari Multimedia will test all its markup and CSS in current versions of Internet Explorer, Firefox, Chrome and Safari.
We will not test your website in old or abandoned browsers (e.g., Microsoft Internet Explorer 9 or below for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Chrome) unless otherwise requested. Any additional code and its testing for older browser-compatibility issues will be charged at our hourly rate.
Safari Multimedia cannot guarantee and will offer no warranty (stated or implied) for any aspect of a website accessed through old or abandoned browsers, unless otherwise requested.
Your Web presence is all about content. In our experience, receiving good, publishable content (text, images, video and sound) from the Client on schedule is perhaps the most difficult and least-predictable part of a Web project. Why? Organizations often are too busy running their businesses to focus on how to promote themselves like seasoned marketers with their website content. And some may have unrealistic views of what they have ready to go and what content they need to create.
Safari Multimedia will always work with the Client to complete the website in a timely and commercially reasonable manner. If the Client chooses to supply its own content, we ask that they provide us with completed content for all pages within two (2) weeks of the date of the Agreement acceptance unless otherwise noted.
The Client understands that Safari Multimedia may choose to delay or halt customization of the website until most or all content is received. If the Client does not supply completed text and images for all Web pages by the 45-day completion date as noted in our Agreement, Safari Multimedia will invoice the remaining balance of the Agreement.
Alternatively, Safari Multimedia can provide clear and concise writing, rewriting, copy editing, proofreading and ancillary editorial services, geared toward online marketing and search engine optimization. Our editorial services are billed at hourly or agreed-upon project rates.
Safari Multimedia understands that the Client may request significant changes to the design, features, functionality and pages that have already been built to specifications. Please note that if significant modifications are requested after a feature or page has been built to the Client's specification, additional charges will apply. Moderate changes, however, will always be covered during site development.
Our platforms allow client-content creation, editing and updates. Please note, however, that if anyone other than the developer attempts to update the website and damages the design or impairs the ability of web pages to display or function properly, time to repair the site will be assessed at an hourly “rush” with a one-hour minimum. Safari Multimedia encourages clients to obtain a Maintenance Agreement.
For security reasons and to ensure site integrity, proper functionality and any warranties, client-owned domain names must be properly managed/configured to point to the hosting “nameservers” (i.e., no DNS redirects). The domain name owner will ensure that all server- and domain-management protocols are properly configured to assure optimum site function and data security.
The Client will hold harmless, protect and defend Safari Multimedia and its subcontractors from any claim of security breach, data integrity and site functionality arising from non-standard or improper domain name management or server configuration. Safari Multimedia will assess an hourly rate with a one-hour minimum for any troubleshooting, repair and correspondence related to server, domain-name and technical issues not under our management.
Safari Multimedia will respond to and complete Client requests for technical, editorial and content-management support within 48 hours after the request is received (exluding weekends and holidays) – but usually the same day, unless otherwise noted. Clients who need guaranteed same-day execution, after hours or weekends will be billed “rush” rates.
New websites will be completed within 45 days after acceptance of the Specs/Agreement document*. Rush charges may apply if Client requests site completion in less than 45 days. Please note that while posting of initial Client-provided content is included in our Agreements, creation/posting of all content is not required for site completion.
* Completion timing may be adjusted per Client approval requirements, feedback and content availability.
For new sites, Safari Multimedia will bill half of the agreed amount upon acceptance (plus 8.25 percent Texas sales tax) with the remaining balance, sales tax, plus any additional fees for mutually agreed-upon upgrades or add-ons, due upon receipt at site completion (see "Timing" above for additional information).
For existing site content management, maintenance and IT support, Safari Multimedia will bill for services rendered each month with the expectation that they will be paid promptly. An additional charge of 10 percent will be added to any invoice not paid within 30 days. Payments past due more than 60 days may result in suspension of the website and cancellation of any agreement, at Safari Multimedia’s discretion.
Safari Multimedia makes the following assumptions for each Client/project:
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other works furnished to Safari Multimedia, LLC for inclusion on the website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements. The Client will hold harmless, protect and defend Safari Multimedia and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Safari Multimedia, LLC shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Designer on each page of the website. We retain the right to reproduce, publish and display the website in our portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the website in connection with such uses. The Client agrees that Safari Multimedia may refer to the Client and reproduce the Client’s logo(s) in its marketing and promotional activities to third parties unless otherwise agreed to in writing by both parties.
Safari Multimedia, LLC and its employees and subcontractors agree that, except as directed by the Client, they will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Safari Multimedia, LLC, its employees and subcontractors will sign Client confidentiality agreements if requested.
Safari Multimedia builds the very best websites available using world-standard open-source Web technologies. We will always do our very best to assure your website fulfills your needs and meets your goals.
However, given the dynamic nature of our websites and third-party variables outside of our control – including but not limited to the Client’s Internet connection, firewall, browser and network operating environment – we cannot guarantee that the functions of every Web page, component or template will always be error-free under every circumstance.
Safari Multimedia is not liable to the Client or any third party for damages or hacks, including lost profits, lost savings or other incidental, consequential or special damages arising from the operation of or the inability to operate this website and any of its Web pages, even if you have advised us of the possibilities of such damages. While we use best practices for site security, including installing a firewall on all our sites, we cannot guarantee that a site will not be hacked, nor can we guarantee that it will get visitors.
We are not by default responsible for the Client’s on-going website promotion. If the Client requires the site to be promoted on an ongoing basis, a separate contract must be agreed. The order in which websites are ranked in the search results is controlled by the search engines. We will endeavor to ensure that your site is successful in the search rankings through a carefully optimized design. However, search engines frequently change their retrieval methods, and you accept that we cannot be held responsible for future rankings under this contract.
A waiver of any term, provision or condition of this Agreement will be effective only if obtained in writing, signed by both parties, and only in the instance and for the purpose for which it is given.
Client agrees to use our services and the website for legal purposes only. In the event Safari Multimedia becomes aware of, or reasonably believes, in its sole discretion, that the website is being used for illegal purposes, Safari Multimedia shall be entitled to immediately terminate the Agreement and the Services (including site hosting) without notice in addition to any remedies to which it may be entitled under law. Client shall not, nor shall it allow, authorize or assist any employee or third party to use the website for any illegal purpose whatsoever.
The Client agrees to indemnify and save harmless Safari Multimedia from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with any illegal use of our Services or the website.
The Client may cancel this Agreement at any time by providing 30-day written notice, provided that payment is up-to-date.
Safari Multimedia reserves the right to cancel this Agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address-of-record.
This Agreement cannot be transferred to another individual or firm without written permission. 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.
* Safari Multimedia reserves the right to update and change these terms and conditions at any time. These subsequent changes will not affect any existing written agreement unless specifically stated in writing.
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