Terms and Conditions
TERMS, CONDITIONS, AND ACCEPTABLE USE POLICIES
These are the Terms, Conditions and Acceptable Use Policies for services provided by SIAR Digital. (along with the Proposal Agreement collectively the “Agreement”). By accessing services provided by SIAR Digital, you (the “Customer”) agree to abide by the terms, conditions, and acceptable use policies in the Agreement.
Acceptable/Lawful Use: You are responsible for conforming with all federal, state, and local laws regarding the Internet and electronic communications. You must respect the intellectual property and copyrights of resources provided by others on the Internet. You may not participate in any illegal activities while using our services. You are responsible for keeping your activities legal, and for censoring yourself and your website. Customers are not permitted to post any material that is illegal, defamatory or otherwise tortious or likely to result in retaliation against SIAR Digital. Should the posted material fall into one of these categories, we reserve the right to immediately refuse or terminate service.
Data & Backup: While we do back up our system files, database files and template files (when we work on a theme or template) as a courtesy to our customers, we cannot and do not back up files uploaded by our customers. Customers are responsible for archiving any and all historical data and log files themselves. SIAR Digital shall not be held liable for any losses or damages of any kind related to your loss of data or log files for any reason. You agree that SIAR Digital has the right to delete all data, files, and/or other information that is stored on SIAR Digital’s servers and computers upon termination of the services, cancellation of your account due to non-payment, or violation of a term, condition or the acceptable use policies in the Agreement.
Refusal of Service: We reserve the right to terminate or refuse service to anyone. We reserve the right to refuse service to any Customers or users who are under 18 years old. Misrepresentation of age is grounds for termination.
Indemnification: You are responsible for all actions you take or cause to be taken in your use of the services. As a condition of service, you agree to indemnify and hold harmless our officers, directors & employees for any cause of action originating from use of the services.
Assignment or Transfer: Customers cannot assign or transfer the rights or obligations associated with this Agreement, in whole or in part, without the written consent of SIAR Digital.
Price Adjustments: Customers have 30 days from notification of price increases to cancel the affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
Limitations of Warranty and Assumption of Risk: Customers use SIAR Digital services at their own risk. SIAR Digital makes no representations or warranties, expressed or implied, regarding the services. Service is provided “as is.” We are not responsible for hardware or software damage, loss of data, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, our services. Any liabilities are strictly limited to the amount of the fee paid for services rendered. SIAR Digital shall not be liable for claims of damages made by any third party for any cause whatsoever.
Hold Harmless: Customer agrees to indemnify and hold SIAR Digital (including its officers, directors & employees) harmless of any and all claims, costs, expenses or liability resulting from any damage to Customer’s business, service, equipment, network, operations, or reputation resulting from SIAR Digital’ actions or the actions of our partners, contractors or resellers. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of defamation, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Revisions: SIAR Digital reserves the right to revise, amend, or modify our Terms, Conditions and/or Acceptable Use Policies at any time and in any manner.
Hourly Rates: Please contact us for our standard billing rate for design, programming and support if not directly stated in your Project Agreement. Required emergency support, integrations, software development or advanced support could be billed at a higher rate. Should billable time not be measurable as a result of tasks performed by proprietary software, processes and components, reasonable equivalent hours will be used based on historical experience. Work orders, quote agreements completed and support time will be billed to the credit card we have on file. A paid receipt will be emailed to the Customer’s contact information email address when the transaction is processed which will include a project or work order description.
Billing Disputes: If an already billed amount is disputed, SIAR Digital will make every effort to resolve the dispute in a timely manner. However, the full balance of the bill must still be paid in full by the due date while resolution is pending.
DESIGN, DEVELOPMENT, AND RECURRING SERVICES (DIGITAL MARKETING) PROJECT TERMS AND CONDITIONS
In short: You are hiring SIAR Digital to develop a website; fix, upgrade, or move an existing website; perform search marketing services and/or create apps, extension product or custom written applications hosted by SIAR Digital for the estimated total price stated in the Proposal Agreement.
What both parties agree to do: As our customer, you have the power and ability to enter into this Agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information when we need it, and in the format that we ask for. You agree to review our work and provide us with one detailed list of revisions to the website at the conclusion of the development phase of the project. Deadlines work two ways and you understand that we cannot meet our targeted dates without timely delivery of the information asked of you. You also agree to stick to the payment schedule outlined in the Proposal Agreement. We have the experience and ability to perform the services you need from us and we will do so in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we cannot be responsible for a launch date. The decision to launch is completely dependent on you. When we present the work as completed to quote and awaiting revisions the final payment is due.
Design Phase (if applicable): Design process and specifications are included in the Customer’s Proposal Agreement, or Statement of Work.
Development Phase: All development will be executed with modern code and best practices as the platform permits. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. We test on the most recent version of the top 4 browsers — Microsoft Edge, Mozilla Firefox, Safari, and Google Chrome — and the most recent legacy version of each. We will not test in browsers that are no longer supported including MS Internet Explorer. If you need us to consider these older browsers, we are happy to assist but will charge you at our standard billing rate for any additional code and its testing.
Overwriting and Permissions: To avoid any potential complications during the development phase, we ask that you make no edits to the code until the development phase is completed. In the event development is stopped or slowed due to changes you made to the code or to our user account’s privileges or password being changed without notice, work to repair or correct the website will be billed at our standard billing rate.
Photographs, Imagery and Logos: You will supply all needed imagery/logos/photographs in the digital format we request. If you choose to buy stock photographs we can suggest vendors of stock photography. You are responsible for securing any applicable rights or licenses for all art used on your site.
Copyrights: We cannot be held liable for your use of copyrighted material. We assume that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you exclusively, or that you have express permission to use them on your website.
HOSTING AND APP/ EXTENSION LICENSING POLICIES
Licensing: Any app or extension product or custom written application is for use only on a single specified domain and may not be replicated on any other site without the express written consent of SIAR Digital.
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