General Terms Effective April 15, 2015: This professional web services agreement is entered into from the first payment date for a product or service provided by Mesa Multimedia (we, us, our) and you (the client, content owner, credit card holder). We may change or update these terms at any time and you agree to receive notifications of changes via email at which time you are encouraged to review and contact us should there be any concerns or need for clarification.
Set Up Fee: The one time set up fee applies to both new and existing customers initializing a monthly subscription plan. The set up fee is equal to the selected one month subscription plan rate. “Set up” implies all efforts necessary to bring a web site as outlined within the selected plan to fruition including but not limited to domain registration, site hosting enablement, software package installation, third party vendor integration, back-end programing, front-end coding, creative asset(s) productions, content placement and design review. Set up times may very based on a variety of factors and the set up fee is non-refundable even if the site should never go live. The date of approval for publication of the website completes the set up process and also serves as approval to begin the selected monthly subscription billing process.
Monthly Subscription: These “Month to Month” agreements begin and end with each month payment. Neither party is obliged under any ongoing contract. The client or purchaser of service is free to cancel this arrangement at anytime. Conversely, Mesa Multimedia will take off line any site that has a past due payment of 7 days and a re-activation fee equal to the 1 month subscription rate will apply. Mesa Multimedia reserves the right to refuse or discontinue service to anyone for any reason. Each recurring monthly payment is considered acceptance that services previously rendered by Mesa Multimedia including web hosting, design, and content updates have been of acceptable quality and standard. Refund requests will only be considered for the previous month of service. Subscription pricing and plans will remain in effect for a period of at least 1 yr from the date of site activation at which time you will be notified of any changes.
Liability and Indemnity: The client agrees that Mesa Multimedia and it’s associates/affiliates may not be held liable for loss of business, income or any damages that may be incurred related to the operation or non-operation of their website, domain registration, eCommerce, or other products and services that have been provided. Furthermore, the client assumes all responsibility for the accuracy of content published with their approval including but not limited to: pricing or discount offers to customers, product or service claims, copyright privileges, etc.
Ownership Web Site, Code and Creative: Client understands that they are “renting” a web site and code base created, maintained and owned by Mesa Multimedia with all right reserved. Downloading and repurposing html or css code or prepared digital assets including optimized images, edited or newly created video and specially prepared graphics is not permitted at any time. Neither you or a web developer/agency will attempt to copy the design, repurpose the code, or re-engineer the site on another server or platform. The client is understood to own and have rights to publish all creative and content provided in it’s original state to Mesa Multimedia and agrees to indemnify us against all claims to the contrary.
Ownership Domain(s): Pre-existing domains remain the property of the client under the terms established with the active registrar. At least one domain will be established as either a primary, secondary or place holder address for the selected web site plan as part of the set up process which will remain the property of Mesa Multimedia unless the client wishes to purchase the domain independently. New or additional domains may be purchased through Mesa Multimedia under the client’s name starting at $20/yr.
Third Party Services and Customizations: Third party services, programing functions and design modifications not explicitly specified in the terms of the monthly plan may be available through our hourly billing option. Contracts, support and fees for third party services are not the responsibility of Mesa Multimedia.
*Web Site Updates and Hourly Billing: Flat rate updates are priced equal to the monthly subscription rate consisting of a single request included organized creative and content with clearly defined instructions. Alternatively, frequent updates may be managed through a pre-paid retainer where time is billed at $50/hr in 15 minute increments. All updates must be reviewed and approved by the client for content accuracy prior to publication.