Terms of Services

Created 9/24/2018, Updated 11/10/19

Website Design: General Terms

Timeline

The project as described in the “summary” and “milestones” sections, henceforth known as 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

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.

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.

Website Design – Full Web Service Terms

ONTIME LAUNCH MONEY BACK GUARANTEE:  The service company is to have the website “signed off” within 30 work days from the date the first invoice is paid in full.  A website cannot be signed off until all project milestones that require the client’s participation are “completed”.  Those milestones are marked with double asterisks (**).  If the project is not signed off by the 30 work day deadline, you may request a full refund and get the first month free.  The client must make the claim in a support ticket in the Growth Center account dashboard within 7 days after the end of the 30 days to qualify.  This guarantee is void if the client’s check or money order is not received within 14 days from the date Unity Tenth sends an invoice, or if a check or money order cannot be processed an must be returned.

Hosting, Domain Management, & Full Service Terms

All domains will be registered and owned by Unity Tenth unless it is purchased and registered by the client.  Unity Tenth will purchase and register 1 domain for a client per project. Additional domains are to be purchased and registered by the client.  Unity Tenth will connect registered domains to Unity Tenth’s hosting provider vendor (Flywheel) at no additional cost.

The service terms begin on the day the initial service payment is made and reoccurs on the same day monthly until you cancel, which is the “due date.”  You have up to 7 days past the due date to pay the invoice in full.  If the previous month’s invoice is not paid in full by the next month’s due date, the account will be considered delinquent.

If your Unity Tenth account becomes delinquent, the service company has the right to deactivate your website and additional late fees may be assessed to your account before the website becomes active again. Delinquent accounts are accounts with an unpaid balance that has been outstanding for more than 30 days.

If you want to move to a new hosting provider and domain registrar, long as your Unity Tenth account remains in good standing, the service company will relinquish ownership of the domain at no cost.  You will be responsible for all costs associated with domain maintenance, domain registration, hosting maintenance, website migration from Flywheel, and third-party licensing obligations which includes but is not limited to plugins, themes, codes.

Once the domain and hosting accounts are placed in your name, you will be downgraded to a Self Service account, in which you will be responsible for all third party licensing obligations and website maintenance and security.  You may cancel your Full Service account status anytime by emailing the service company or through your Growth Center account dashboard.  An account in good standing is an account with no unpaid balances outstanding. If your account is delinquent, you will have to purchase the domain from the service company through a Domain Broker to negotiate the costs.

The service company may add additional fees to cover additional costs to maintain domain ownership and hosting services. Domains are purchased and registered for 1 calendar year through GoDaddy. Unity Tenth is not responsible for any technical issues caused by GoDaddy that may interfere with domain registration.  SSL and hosting is provided by Flywheel. Unity Tenth is not responsible for any technical issues caused by Flywheel that may interfere with hosting.

Website Design – Standard Web Service Terms

Hosting & Domain Management Services Terms (Self Service)

All domains will be registered and owned by Unity Tenth unless it is purchased and registered by the client or the work described above is signed off and complete.  Unity Tenth will purchase and register 1 domain for a client per project. Additional domains are to be purchased and registered by the client.  Unity Tenth will connect registered domains to Unity Tenth’s hosting provider vendor (Flywheel) at no additional cost.

When the project has been marked as “signed off”, you will be responsible for all costs associated with domain maintenance, domain registration, hosting maintenance, website migration from Flywheel, and third party licensing obligations which includes but is not limited to plugins, themes, codes.  Unity Tenth will release ownership of the domain to you.

Domains are purchased and registered for 1 calendar year through GoDaddy. Unity Tenth is not responsible for any technical issues caused by GoDaddy that may interfere with domain registration.  SSL and hosting is provided by Flywheel. Unity Tenth is not responsible for any technical issues caused by Flywheel that may interfere with hosting.

Website Design – Standard Service Subscription Terms

Down-payment and Subscription Terms

A down-payment is required before any work is to begin. The initial down-payment is the first month’s payment which can be paid on the first invoice or on the Client’s chosen date to draft the payment. Payments are made automatically monthly (30 days) for four payments or until the final balance is paid off.

Service & Maintenance Terms

Submission

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

  • For Full-Service and Extended Service Clients only:
    • The support form in the Client’s WordPress Dashboard.
    • The support form in the Client’s Unity Tenth Growth Center account dashboard at unitytenth.com.
  • For Self-Service and Self-Service Subscription Clients only:
    • The support form at UnityTenth.com/support.
    • The Unity Tenth Marketplace at unitytenth.com/marketplace.

Unity Tenth 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 email/username.
  • Website to be serviced.
  • Description of work needed to be completed (must not be prohibited or unsanctioned work).
  • Ticket priority classification (low, normal, high, or immediate)
  • Photos, screenshots, or documentation that is available to help solve the issue.

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.  Higher priority may be given to Full Service clients and clients who display an emergency as defined by the Emergency Policy.  Unity Tenth will work on tickets during normal work days.  Work days are Mondays through Fridays during the hours of operations as displayed on UnityTenth.com, not counting holidays or vacation time. 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 needed to complete the ticket may cause delays in resolution.  Please provide additional time for client feedback.

When a ticket has been resolved, the client may be asked to check on the satisfactory of the job.  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.  If the ticket requires additional work by the client a third-party, the ticket will be marked “on hold”.  A ticket marked “waiting” or “awaiting response” requires the client’s feedback or action before further progress on the ticket is made.  Tickets are considered open if they have an “open”, “waiting”, “awaiting response”, or “on hold” status.  Unity Tenth will automatically close tickets if no other updates on the ticket have been made by the client or Unity Tenth after 30 days.

All tickets will be time tracked and logged.  Clients have the right to request a log of the hours worked on a ticket by emailing unity.support@unitytenth.com or calling the business line.  Clients may also check the hours worked under the ticket’s tasks in their Unity Tenth Growth Center Client Dashboard.

Description of Sanctioned Service Work

The following are services that Unity Tenth will perform:

  • Cosmetic Services – These are services that impact the look and feel of the client’s website.  Specific services that fall under this include:
    • Adding or removing pages, blog posts, photos, graphics, or logos.
    • Adding or removing content created by the client or a third-party to pages or blog posts.
    • Create, set up, and test submission forms.  Client is responsible for field names and field types.
  • Technical Services – These are services that impact the functionality, access, and logistics of the website and some auxiliary functions of the website.  Specific services that fall under this include:
    • Restoration of a website.  If the website is down because of malware or being hacked, restoration and removal will be performed by a third-party vendor.
    • Adding, removing, changing, or restricting website users.
    • Migrating a website between two hosting providers.
    • Add, remove, or change code or scripting language to theme or plugin files.  This includes but is not limited to Google Analytics tracking code, Google Tag Manager code, Facebook tracking pixel.  Client is responsible for establishing accounts associated with tracking or remarketing services.  Full-Service clients get complimentary Google Analytics tracking and set up under Unity Tenth’s Google Account.  Full-Service clients may request access to their tracking stats by contacting Unity Tenth.
    • Add or remove and set-up plugins and themes.  All clients are responsible for purchasing themes and plugins developed by third-party vendors.
    • Connect or interconnect social-media or the client’s third-party services.  The client is responsible for initially setting up the account, granting Unity Tenth access to the account, and paying all fees to the vendor.
    • Registering the website for Google and/or Bing webmaster platform for managing the website’s appearance on Google and/or Bing Search.  Full-Service clients get complimentary registration on the Google webmaster platform under Unity Tenth’s Google Account.  Full-Service clients may request access to the platform by contacting Unity Tenth.
  • Consultation Services – These are services for general digital marketing inquiries and support.  Specific services that fall under this include:
    • Website or Social Media Marketing consultation to ask questions and get tips pertaining to digital marketing or website content management.
    • Training new website users on how to operate the website.
  • Maintenance Services – These are services for ongoing website maintenance.  Types of services rendered in this category include:
    • For all clients:
      • Plugin, Theme, and WordPress Content Management System updates.
      • Website backups and restorations.  If the website is hosted with Flywheel, Flywheel will be responsible for daily website backups and restoration.  If the website is not hosted on Flywheel, Unity Tenth if able will perform monthly backups and restorations using ManageWP.
    • For Full-Service and Extended Service clients only:
      • Website backups and restorations.  If the website is hosted with Flywheel, Flywheel will be responsible for daily website backups and restoration.  If the website is not hosted on Flywheel, Unity Tenth if able will perform daily backups and restorations using ManageWP.
      • Moderate comment submissions to remove potentially malicious content.
      • Uptime management and notifications.
      • Client website performance monitoring and fixing.
      • Client website password recovery.
      • Website performance reports.  Full-Service and Extended Service clients will get monthly reports of their website’s performance.

Prohibited and Unsanctioned 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 Unity Tenth and the client will become null and void.  Unity Tenth will also be released from all agreements and contracts.

Unity Tenth 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.

Unity Tenth is not responsible for updating, removing, or adding any written, visual, or audio content for the client’s website.

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 “immediate” priority.  Tickets deemed as an emergency will be followed up as soon as Unity Tenth accesses the ticket.  Clients with an emergency may also call the Unity Tenth business line.  Fees from Unity Tenth may also be waived depending on the severity of the emergency, however, the client may also be responsible for costs associated from third-party vendors in resolving the ticket.

Fees & Additional Services

Any work which is not specified in the description of service work above will be considered as additional 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.

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.

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.