Terms of Service

Billing

Invoices are due net 15. Rush production fees may be applied to any project that requires expedited production and will be noted at the time of the estimate. A minimum fee of $175 or 50%, whichever is greater, will be applied to such projects. If you opt to pay for your development with a payment plan, terms can be established that fit your specific budget needs. Hosting or other monthly fees will be charged to a credit card on a monthly recurring basis on the 1st of each month. A monthly late charge (the greater of 1.5% of the overdue amount or $15/month) will be assessed on outstanding invoices over 30 days old. Services may be terminated if more than two (2) monthly payments are missed. Payments can be made online at www.strategynewmedia.com/payments.

Source Code Ownership

We provide a service to our clients in that we provide an end product that the client can use on a web server, send to a printer, or use in another media format. The client has the full rights to anything that is needed to render the end product.

Template graphic design files are provided as necessary to maintain websites or update print items. Source code is not available for content management systems or e-commerce projects as Strategy may not be the owner of the related software systems.

Source Code and/or files will be provided after final payment has been received.

Rights for Use for Self Promotion

Strategy, LLC reserves the right to use any final product for use in self-promotion unless a non-disclosure agreement is required and signed by Strategy, LLC before work has begun.

What the Estimate Doesn’t Cover

This estimate does not cover third party fees such as stock art, credit card processing, hardware, software, print costs, etc. Further, this estimate does not cover mileage, meals, or other out-of-pocket expenses which will be billed as needed.

Website Warranty

Because we work to make sure that you get the most out of your website and that your online presence reaches its full potential, Strategy provides an extensive 30-day website warranty and maintenance policy for the solutions we build and host.

The warranty covers code and graphics developed by Strategy. The warranty covers errors or omissions by our staff for 30 days after the solution goes live. Any code altered by the client and/or 3rd party applications used in the website is outside the scope of our warranty. The accuracy of content provided or approved by the client to complete the website is the client’s responsibility, and alterations are considered change requests.

Website Hosting

Website hosting will be billed on the first day of each month and paid via credit card or ACH. The temporary web development site does not incur a monthly charge during active development. Should the web development project stall for more than 60 days, hosting fees will begin at the agreed upon hosting rate.

If you would like to move hosting providers, Strategy will provide a backup to the site at no cost. For assistance in migrating to a new hosting provider, an off-boarding fee will be required. Hosting shall continue until the client provides a written notice of cancellation 30 days prior to requested cancellation date.

Annual Agreements

This agreement is effective upon the date signed and shall remain in force for a period of one year. The agreement will be reviewed annually to address any necessary adjustments or modifications. The service agreement automatically renews for a subsequent one-year term beginning on the day immediately following the end of the initial term, unless either party gives the other sixty (60) days written notice of its intent not to renew this agreement. Should adjustments or modifications be required that modifies the monthly fees paid for the services performed under this agreement, said changes will be communicated at least sixty (60) days prior to renewal.

Standard Operating Hours

Strategy, LLC’s normal business hours of operation are between the hours of 8:00am – 6:00pm, Monday through Friday, excluding public holidays. Monitoring services will be provided 24/7/365.

Services Not Covered in Marketing Plans

  1. The cost of any 3rd party software, software licensing, equipment, shipping charges, or upgrade fees of any kind.
  2. Third-party costs for stock photography or other stock assets.
  3. Travel expenses outside of the Kansas City metro or other out-of-pocket expenses.

What We Need From You

  1. Administrative access to websites, social platforms, domain registry, domain name servers, or other systems necessary to perform services outlined in the budget section of this agreement.
  2. Corporate art such as logos or other imagery of the highest possible quality in JPG, TIFF, EPS, Photoshop, or Illustrator format.
  3. If graphic design is provided, please provide layered Adobe files for production purposes.
  4. Timely responses to deadlines and approvals. If responses are not provided, services may not be rendered or will be delayed. Credits will not be applied to services not rendered due to delays in approvals.

Termination / Plan Changes

If contract is requested to be terminated prior to the contract expiration date a notice of 60-days is required. Upon termination 100% of remaining contract will be immediately due. Access to any system or asset will be withheld until all billing is current. Any requested plan change that impacts monthly fee must be made 60-days prior to changes taking effect.

Attorney’s Fees

In the event of any litigation between the parties hereto arising from or related to either party’s performance under or breach of this Agreement, the prevailing party in any such action shall be entitled to and shall receive from the adverse party, in addition to any relief granted by a court of law, its reasonable attorneys’ fees and other costs and expenses incurred in prosecuting or opposing the prosecution of such action, as the case may be.

Governance

This agreement shall be governed by the laws of the State of Kansas. It constitutes the entire agreement between the client and Strategy, LLC for services listed in the budget section of this agreement. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by the client. Strategy is not responsible for failure to render services due to circumstances beyond its control including, but not limited to, acts of God.

Limitation of Liability

In no event shall Strategy, LLC be held liable for indirect, special, incidental, or consequential damages arising out of service provided hereunder, including but not limited to loss of profits or revenue, loss of use of equipment or systems, lost data, or other costs.