Terms And Conditions

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Once you have approved the site to go live, we follow an extensive quality checklist of actions we take before a site is made live to ensure it goes smoothly. and a final walkthrough and training session once live.

Additional Fees:

• Our service includes using existing content or content provided by the customer unless there is an agreed upon content writing fee noted in the contract.
  
• Any other additional functionality that is not covered per the contract is subject to additional fees and will be quoted based on what is needed.
  
• The number of pages we will create is based on the website purchased and the contract terms. If more pages are needed above what the contract states, they can be added to the site for an additional charge.

The Client unconditionally guarantees that any element of text or graphics furnished to Studio98 for inclusion in the design does not infringe on any copyright or trademarks that have been already established by another company or organization. Studio98 will do no research checking on the legal availability of the images and/or trademarks (such as names) provided by Clients. The Client will hold harmless and protect Studio98 from any claim or suit arising from the use of such as furnished by the client.

Studio98 makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing copyrights, Studio98 liability is limited only to a refund of the amount paid to Studio98. Studio98 retains the right to use any designs or templates created in the Starter Showcase server for any and all other clients. Studio98 retains the right to display the artwork in their portfolio and marketing materials.

All stock photography is used under royalty-free license of Studio98. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.

Ownership of the final implementation of the site becomes the property of the Client, having unlimited, indefinite and unrestricted use of the design (except where the stock photography is concerned- see above), upon payment of all fees owing.

Your hosting account has a storage usage limit of 10GB. We realize that from time to time, a Client may have unanticipated circumstances which cause their websites to exceed this limit. In rare cases, such overages may result in additional charges or temporary suspension of service.

Should this occur, Studio98 will first make every effort to contact you to prevent any unexpected charges or service interruptions.

Studio98 reserves the right to refuse service and /or access to its servers to anyone. Studio98 does not allow any of the following content to be stored on its servers:

Illegal Material – Including copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Miscellaneous content – Including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc. and encrypting of any of the above. Also includes any sites providing “links to” or “how to” information about such material.

Rare “down-time” or other problems involving the server infrastructure requiring the assistance of Studio98 may also occur. These are covered in the hosting charge and no additional charge is required to keep your website live regarding infrastructure issues.

The average uptime for our servers is over 99.99%.

Studio98 shall not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the server.

The Client unconditionally guarantees that any element of text or graphics furnished to Studio98 for inclusion in the design does not infringe on any copyright or trademarks that have been already established by another company or organization. Studio98 will do no research checking on the legal availability of the images and/or trademarks (such as names) provided by Clients. The Client will hold harmless and protect Studio98 from any claim or suit arising from the use of such as furnished by the client.

All stock photography is used under royalty-free license of Studio98. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency.

Ownership of the site is the property of the Client, having unlimited, indefinite and unrestricted use of the design (except where the stock photography is concerned- see above), upon payment of all fees owing.

Hosting and Support services are billed monthly on the same day each month. The charge is automatic to the credit card or bank account provided, except in other arrangements such as pre-payments of services. Customers may cancel their account at any time. You must cancel 7 days prior to the next billing date to avoid any charges that will be in progress. All fees are non-refundable, including any hosting or support plans that are prepaid.

Studio98 reserves the right to cancel the service at any time. In this event, customers will be entitled to a pro-rata refund based upon the remaining period of membership. If a customer violates Studio98’s terms of service, a refund will not be issued in the event of a cancellation.

For the purposes of receiving professional SEO services, Client agrees to provide the following:

• Administrative/backend access to the website for analysis of content and structure.

• Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.

• Unlimited access to existing website traffic statistics for analysis and tracking purposes.

• Authorization to use client pictures, logos, trademarks, website images, pamphlets, content, etc., for any use as deemed necessary by Studio98 for search engine optimization purposes.

• If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Studio98 can create site content at an additional cost to the Client. If Client is interested in purchasing content from Studio98, please contact Studio98 for a cost estimate.

The Client acknowledges the following with respect to SEO services:

• All fees are non-refundable.

• All fees, services, documents, recommendations, and reports are confidential.
  

• Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Studio98 does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term. However, Studio98 will do what it deems best to accomplish the goal of increasing traffic and search engine placement.

• Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. Studio98 does not assume liability for the Client’s choice to link to or obtain a link from any particular website.

• Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.

• Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Studio98 will re-optimize the website/page based on the current policies of the search engine in question.

• Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than Google’s arbitrary amounts of time. This is referred to as the “Google Sandbox.” Studio98 assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties and/or any any other decisions or ranking changes made by Google.

• Studio98 has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

• Studio98 is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

• Studio98 is not responsible for the Client overwriting SEO work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of $100 per hour.

• All fees are non-refundable.

• 
  Our $500 management fee covers up to $5000 in ad spending. If a campaign is consistently higher than this is the amount being spent on advertising then we will charge 10% of the amount being spent on advertising in place of the flat $500 fee. If the spending goes up or down on a monthly average we will adjust the amount being charged. As the budgets are set 
  in
   the beginning of the month, this will be charged based on your estimated spending for the month.
  

• In no case will the fee drop lower than $500 as this is the minimum charge to run the campaign.