Terms of Services – Unity Tenth

Created 9/24/2018, Updated 9/9/20

Website Design: General Terms

Timeline

The work, which will be henceforth known as the description of work, will be based on what was outlined in the project’s estimate. Items in the description of work will be completed within 15 to 30 work days assuming you are available to provide feedback to us on a daily basis. Work days are Mondays through Fridays during the hours of operations as displayed on UnityTenth.com, not counting holidays. Each work day you are unavailable to provide feedback may push the project completion date back by one work day. Failure to submit required information or materials as outlined above may cause delays in the production. Please provide additional time for client feedback.

Unity Tenth, the Service Company, will provide support for fixing bugs (not caused by you) and answering questions related to the service after completion at no additional cost for 30 days after launch. Any support inquiries after 30 days may incur charges as laid out in the support terms which can be viewed here.

Fees & Additional Services

Out of Description of Work Fees

Any work which is not specified in the description of the work above will be considered an additional service and will require a separate agreement and payment from what is included in this agreement. Excessive change requests prior to the website’s launch will be charged separately at the hourly rate of $50. You are responsible for costs for third-party software to be installed and embedded into the project which includes, but not limited to, plugins, themes, email marketing, etc.

Website Payment Terms

Client understands the importance of paying the company in a timely manner and wants to maintain a positive working relationship with the company to keep the project moving forward.

Payments for each invoice delivered by the company to the client are due within 30 days of receipt. In case of overdue payments, the company reserves the right to stop work until payment is received.

Client will be presented with two invoices for the website work by the company. The first invoice is a down payment invoice. The client must pay the down payment invoice in full before the company will perform work on the website project. The final invoice assesses costs for the company’s time spent working on the website project as well as other expenses incurred while working on the website project.

The final invoice, per the client’s request, may be split into separate invoices reflecting the full balance of that invoice. The client agrees to make timely payment on each invoice to allow the client and website visitors access to the client’s website. The company has the right to set the balance on each individual invoice to reasonably cover essential costs necessary for the website’s function.

Invoiced Line Items

Costs that will be assessed to the client are as follows:

Down payment invoice
- Website hosting costs.
- Website set-up fee accounting for 1 hour and 15 minutes worth of time to research font-families, identify color palettes, set up menus, complete website general settings, adjust permalink settings, install themes, install plugins, set up child-themes, uploading the client’s logos, creating pages with no content or designs, and finding theme layouts.
- Costs for content writing services.
- Costs for logo designing services.
- Costs for third-party plugins, scripts, and/or themes necessary for the website project.
Final invoice
- Additional costs incurred from working on the website project that requires reimbursement.
- Time spent on designing all elements of the website, excluding work in staging and/or development environments.
- Time spent on any revisions to designing elements of the website.
- Time spent on graphic design work including revisions.
- Costs for privacy policy.
- Costs for domain name research, registration, and connection.
- 1 month membership for Lite Greenthumb Support.

Website Project Late Payment

In the event an invoice is not paid on time, to the maximum extend allowable by law, the company will charge a late payment fee of 5.00% per month on any overdue and unpaid balance not in dispute.

The company’s acceptance of such service charges does not waive its rights to any remedies for the client’s breach of this agreement. All payment obligations are non-cancelable and fees paid are non-refundable.

Website Expense Reimbursement

Client shall reimburse all expenses that are reasonable and that have been authorized in writing by the client in advance; payable within 30 days of itemized invoice.

Authorization

You, the official representative of the organization who is the signer of this agreement, is engaging us, Unity Tenth, as the Service Company to perform the duties in this agreement. You hereby authorizes us to access any account for the purposes of providing the service.

Confidentiality

You and Service Company may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party.

Permissions and Releases

You agree to indemnify and hold harmless the Service Company against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at your request for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Termination

Either party may terminate this Agreement by giving 30 days (including weekends and holidays) written notice to the other of such termination. In the event that Work is postponed or terminated at your request, we shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within 30 days (including weekends and holidays) of your written notification to stop work. In the event of termination, you shall own all rights to the Work. You shall assume responsibility for all collection of legal fees necessitated by default in payment.

Hosting & Domain Management Services Terms

All domains will be registered and owned by Unity Tenth unless it is purchased and registered by the client. Unity Tenth will connect registered domains to Unity Tenth’s hosting provider vendors (Flywheel or Dreamhost) at no additional cost as long as the website has not been launched.

Unity Tenth will be responsible for the first installment of your domain and hosting costs. Afterwards, the client will be responsible for all costs associated with domain maintenance, domain registration, hosting maintenance, website migration from Flywheel or Dreamhost, and third-party licensing obligations which includes but is not limited to plugins, themes, and codes. Unity Tenth will relinquish ownership of hosting and domain registration to the client after the final invoice balance is paid in full.

Unity Tenth is not responsible for any technical issues caused by GoDaddy that may interfere with domain registration. Hosting is provided by Flywheel or Dreamhost. Unity Tenth is not responsible for any technical issues caused by Flywheel or Dreamhost that may interfere with hosting.

Unity Tenth does not own or operate GoDaddy, Flywheel, or Dreamhost and vice-versa.

Greenthumb Support Service & Maintenance Terms

Support Submission

Unity Tenth Clients may submit work orders (referred to as “tickets”) for services to be rendered on their website(s) using one of the following methods:

The support form in the Client’s WordPress Dashboard.
The support form in the at https://unitytenth.com/membership-account/support-form/
Email at unity.support@unitytenth.com.

All conversations regarding support will be made via email only using one of those three methods, with the exception of support requests that meet Unity Tenth’s emergency policy.

The company has the right to refuse maintenance service to clients who do not use the methods listed above. All tickets must include the following information to ensure that work requests are handled in a timely manner.

Unity Tenth Growth Center or Greenthumb Support email or username.
Website URL to be serviced.
Description of work needed to be completed (must not be prohibited or unsanctioned work).
Ticket priority classification (low, medium, high, or emergency)
Any necessary photos, screenshots, or documentation that is available to help solve the issue.

Support Timeline

Tickets will be completed in the order in which it was received, assuming you are available to provide feedback to us on a daily basis.

Please, create one ticket per issue. Higher priority may be given to Gold members and clients who display an emergency as defined by the Emergency Policy. Work on resolving tickets may be delayed due to weather or holidays. Each day you are unavailable to provide feedback on a ticket may push the issue completion back by one day. Failure to submit required information or materials needed to complete the ticket may cause delays in resolution. Please provide additional time for client feedback.

When a ticket is received, the company is expected to send you, the client, human confirmation that the ticket has been received via email within 2 to 6 hours. The usual ticket turnaround time is 24 to 48 hours per request.

If the job is done to the client’s satisfaction, then the client can mark the ticket “complete” or “resolved” which will close the ticket. Tickets may automatically close if no other updates on the ticket have been made by the client or the support staff after 30 days.

Scope of Support Work

All support is based on a per website basis, not a per customer basis. Each website will require its own support.

Free Support

Unity Tenth offers all clients regardless of being a Greenthumb Support Member or not the following benefits as long as their website remains hosted with Flywheel or Dreamhost.

Free weekly plugin updates
Free weekly theme updates
Free weekly WordPress core updates

Unity Tenth will offer all clients regardless of being a Greenthumb Support member or not the following benefits as long as long as their website remains hosted with Flywheel.

Free on-demand malware removal (client must contact Flywheel)
Free daily website backups.

Unity Tenth will offer all clients regardless of being a Greenthumb Support member or not the following benefits as long as long as their website remains hosted with Dreamhost.

Free monthly website backups.
Free on demand malware scans.

Greenthumb Support Service Membership

Greenthumb Support Services offers 3 support membership tiers, with each tier offering a various benefits. The tiers are Lite, Blue, and Gold. Clients can choose to pay monthly or yearly for their membership in any tier.

Lite Membership can be charged either $67 a month or $672 a year.
Blue Membership can be charged either $147 a month or $1,476 a year.
Gold Membership can be charged either $197 a month or $1,968 a year.

Description of Sanctioned Service Work for Greenthumb Support

The following are services that the company will perform:

Lite Membership:
- All relevant items in the free support
- Weekly emailed reports describing tasks been done on the website including updates, website uptimes and downtimes, security, and performance.
- Emergency ticket support. (it must meet the definition of an emergency outlined in the emergency policy)
- Website uptime monitoring.
- Additional daily website backups.
- Connecting client’s Google Analytics tracking code to the website.
Blue Membership:
- All relevant items in the free support and Lite Membership.
- Unlimited edits to website content already written on the website by the client.
- Unlimited edits to plugin settings with the exception of the plugin’s code.
- Unlimited edits to the website’s CSS code or Divi-theme module, row, or section.
- Website security and vulnerability scans.
- Additional daily website backups (totaling 2 per day).
- iThemes Security Pro plugin and license.
Gold Membership:
- All relevant items in the free support, Lite Membership, and Blue Membership.
- Priority ticket support.
- Website speed optimization.
- Additional daily website backups (totaling 4 per day).
- Website screen responsiveness audit.
- On-demand malware removal.
- WP Rocket Premium plugin and license.
- WP Smush Pro plugin and license.

Prohibited and Unsanctioned Service Work

Unlimited Edits Clause

Blue and Gold Members are not permitted to ask for Zoho mail support, edits pertaining to PHP code or any custom website development, updating custom code, graphic design, PDS (or any other image file) to WordPress, or building a new website or subdomain.

Any tickets regarding tasks in this clause is considered out of scope and is subject to additional costs.

Prohibited Service Work

Unity Tenth may refuse to work on tickets that may do any of the following:

Violate website visitor’s privacy rights without the website visitor’s prior knowledge.
May be deemed illegal activity.
Violate copyrights, patents, trademarks, policies, or terms of service of third-party services and vendors.
Add content or other assets that promote hate; manipulate or misinform client website visitors that could cause distrust in the client, the client’s brand, or Unity Tenth; or that are pornographic or excessively vulgar.
Alter anything that does not belong to the service client.

Any requests to perform any of the actions listed in this section may cause the client’s website to be reported at the expense of the client without notice to the client and all agreements between the company and the client will become null and void. The company will also be released from all agreements and contracts.

Greenthumb support and maintenance is meant for websites built and maintained with the WordPress Content Management System, excluding websites hosted on WordPress.com. Other websites will receive limited support.

Emergency Policy

An emergency is defined as an issue that can potentially cause great damage or harm to the client, the client’s brand, or the client’s website visitors. Such emergencies include but aren’t limited to: interference to accessing the website properly, misleading or potentially damaging code or scripting language that could cause harm. In case of an emergency, clients may submit a ticket using the methods listed in the Submission section and give it an “Emergency” priority. Tickets deemed as an emergency will be followed up as soon as the company accesses the ticket.

Support Fees & Additional Services

General Support Terms

By selecting a product or service, the client agrees to pay the company the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are non refundable.

Out of Scope Ticket Fees

Any work which is not specified in the scope of work above will be considered as additional and will require a separate agreement and payment from what is included in this agreement. Service tickets are charged at an hourly rate of $50 unless otherwise specified.

The client will receive an invoice for the service which much be paid upon receipt before the ticket is resolved. If the ticket charges by the hour, the client will receive a separate invoice which must be paid within 30 days.

If the invoice is unpaid, the client’s services maybe interrupted, and any other tickets may not be fulfilled until the outstanding invoice is paid. You are responsible for costs for third-party software to be installed and embedded into the project which includes, but not limited to, plugins, themes, email marketing, etc.

Support Cancellation Fee

If the client terminates this Agreement earlier without cause, the company will charge a cancellation fee of $99.00

Support Payment Terms

Client understands the importance of paying the company in a timely manner and wants to maintain a positive working relationship with the company to keep the project moving forward.

Payments for each invoice delivered by the company to the client are due within 30 days of receipt. In case of overdue payments, the company reserves the right to stop work until payment is received.

Support Automatic Renewal

Unless the client notifies the company before the end of the applicable subscription period that the client wants to cancel a subscription, the client’s subscription will automatically renew and the client authorizes the company to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism the company has on record of the client. Subscriptions can be canceled at any time by reaching the company.

Support Late Payment

In the event an invoice is not paid on time, to the maximum extend allowable by law, the company will charge a late payment fee of 5.00% per month on any overdue and unpaid balance not in dispute.

Support Expense Reimbursement

Client shall reimburse all expenses that are reasonable and that have been authorized in writing by the client in advance; payable within 30 days of itemized invoice.

Support Authorization

You, the official representative of the organization who is the signer of this agreement, is engaging us, Unity Tenth, as the Service Company to perform the duties in this agreement. You hereby authorize us to access any account for the purposes of providing the service.

You also agree to allow the Service Company to clone or place your website under maintenance in order to render services until the ticket is satisfactorily resolved by you and Unity Tenth. You understand that by doing so, it may temporarily cause a disruption to the functionality of your website.

Support Confidentiality

You and Service Company may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal and shall be safeguarded and not disclosed to third parties by the receiving party.

Support Permissions and Releases

Support Termination