Eagle Stream Media, LLC - Design Terms and Conditions
Introduction
These terms and conditions apply to all projects undertaken with Eagle Stream Media, LLC (referred to as "Eaglestream" henceforth). We urge our clients (referred to as "The Client") to read these terms thoroughly. Eaglestream reserves the right to modify these terms without prior notice. For any clarifications, please reach out to us.
Payment Terms
- Invoicing: Issued [monthly/annually] for ongoing projects. Projects over $500 require a 50% deposit before commencement. Full balance due prior to delivery.
- Progress Payments: For projects exceeding 4 weeks, a monthly progress payment of 50% of the remaining balance may be required.
- Late Payments: Invoices unpaid within 15 days will incur a $50 late fee plus an additional 7% of project costs monthly.
- Continual Late Payments: May result in service terms review and possible suspension.
Service Interruptions for Non-Payment
- Initial Reminder: May be issued [7] days before the due date.
- Final Notice: May be issued if payment is overdue, with notice of potential service interruption.
- Suspension of Services: Occurs [7] days post final notice for non-payment, affecting website and hosting services.
- Reactivation: Requires settling all balances plus a reactivation fee.
Communication Protocol
- Contact Information: Clients must maintain accurate contact details.
- Notification: Communications regarding payments and services will be through provided contact details.
- Disputes: Must be raised in writing within [14] days of invoice receipt.
Changes to Terms
- Notification of Changes: Clients will be informed of term changes via email.
- Acceptance of Terms: Continued use of services implies acceptance of new terms.
Cancellation Policy
- Notice Requirement: A [30]-day notice is required for service cancellation.
- Early Termination Fee: As per the service agreement.
Third-Party Applications
- Usage: The Client may opt to integrate third-party applications or services into their website. The selection, use, and management of these applications are the sole responsibility of the Client.
- Compatibility: While Eaglestream will endeavor to ensure compatibility, we cannot guarantee seamless integration or functionality of third-party applications with the website.
- Liability: Eaglestream is not liable for any issues arising from the use of third-party applications, including but not limited to data loss, service interruption, or compatibility issues.
- Support and Maintenance: Any support and maintenance for third-party applications will be the responsibility of the Client or the third-party provider, not Eaglestream, unless part of a paid support plan that includes support and maintenance for 3rd party applications.
- Fees and Charges: The Client is responsible for all costs associated with third-party applications, including purchase, subscription, and maintenance fees.
Client Cooperation and Timeliness
- Clients are expected to provide feedback and required materials within 5 business days of request. Delays beyond this period may incur rescheduling.
- Unresponsiveness for over 15 days will lead to project pause. Resuming the project will require rescheduling.
- Clients are expected to maintain regular communication, responding to inquiries within 3 business days to ensure efficient project progress.
Change Management
- Scope Change Requests: If the Client requests changes that significantly alter the original project scope after commencement, these must be submitted in writing. Eaglestream will assess the impact of these changes on timelines, deliverables, and costs.
- Approval and Additional Costs: Upon assessment, Eaglestream will provide a revised statement of work including any additional costs. These costs must be agreed upon and approved by the Client before any changes are implemented.
- Adjustments to Timelines and Deliverables: Significant scope changes may result in adjustments to project timelines and deliverables. Eaglestream will provide a revised schedule reflecting these changes.
- Limitation on Changes: Eaglestream reserves the right to limit the number or extent of changes based on project progress, resource availability, and other critical factors.
- Confirmation of Change: No scope changes will be actioned until written confirmation is received from the Client, along with agreement to any additional costs and revised timelines.
Webflow Hosting and Site Transfer Limitations
- Exclusive Hosting: All websites designed by Eaglestream are exclusively hosted on Webflow. Clients must use Webflow's hosting services to ensure full functionality and compatibility of their websites.
- Transfer Limitations: Currently, transferring websites built by Eaglestream to other platforms or hosting services is not permitted. This is due to the specific architecture and features of Webflow that may not be compatible with other platforms.
- Hosting Agreements: The Client is subject to Webflow's hosting terms and conditions. Eaglestream is not responsible for any issues arising from Webflow's hosting services.
- Continued Support: Eaglestream's support and maintenance services are contingent on the website remaining hosted on Webflow.
- Changes in Policy: Should Eaglestream's policy on hosting and site transfers change in the future, clients will be notified accordingly.
Confidentiality and Data Protection
Eaglestream is committed to data protection and confidentiality in line with our privacy policy and relevant laws.
Commencement of Work
Engaging with Eaglestream and providing a Statement of Work (SoW) and deposit (if applicable) signifies agreement to these terms.
Monthly Billings
Eligible clients may opt for a monthly billing cycle, invoiced on the last Monday of each month. Such clients must keep current contact information and a valid credit card on file.
Abandoned Projects
Projects without client communication for 60 days are considered abandoned, forfeiting any deposits. Project renewal requires a new agreement and deposit.
Work Case Studies & Design Samples
Clients agree to allow Eaglestream to showcase project work in its portfolio post-public launch, subject to client approval.
Force Majeure
Eaglestream is not liable for delays or failures in service due to events beyond its reasonable control.
Scope of Work
Eaglestream reserves the right to adjust the SoW, materials, or functionality as necessary for legal compliance, non-infringement, or quality maintenance.
Revisions and Author Alterations
All revision requests must be submitted in writing. The project includes one major and two minor revision stages within a specified timeline. Additional revisions are billable.
Search Engine Submission
Eaglestream does not guarantee specific search engine rankings.
Disclaimer
Eaglestream makes no warranties for its services and is not liable for damages or data loss. Responsibility for material performance and quality rests with the client.
Customer Materials
Eaglestream is not liable for delays or errors due to defective or unsuitable client-provided materials.
Copyrights and Trademarks
Clients are responsible for owning or obtaining rights for all provided materials. Eaglestream retains rights to its designs until full payment.
Legal Authorization for Publications
Clients are responsible for obtaining necessary legal clearances for all used materials.
Excess Work
Work beyond the original SoW will be billed separately upon agreement.
Liability & Litigation
Eaglestream's liability is limited to direct losses related to remedial costs of supplies and excludes third-party liability unless separately agreed.
Approval of Final Work
Clients are responsible for final proofreading and approval. No refunds or reprints for errors post-approval.
OWNERSHIP AND LICENSES
Upon full payment, clients obtain ownership of the final work product. Eaglestream retains the right to use background IP and client-provided materials as necessary.
International Work
Eaglestream accommodates international clients, using various digital communication methods.
Termination Policy
Project cancellation terms include forfeiture of deposits and potential additional fees.
Website Design Credit
Clients agree to Eaglestream's placement of design credits on their materials and website.