Following are Safari Multimedia, LLC policies and standard client website development and maintenance service agreement*. These policies, terms, and conditions are part of every Safari Multimedia Web design/maintenance service contract whether or not specifically stated in writing unless modified in writing per the Client’s request:

1. WHAT YOU’RE PURCHASING FROM US

You are purchasing the consulting, design, editorial, and technical services of Safari Multimedia, LLC. As the copyright holder, you own all website content and original design work. All software and platform code and other third-party components are licensed according to the specific agreements of each developer or copyright owner.

2. CUSTOM CODING

Unless otherwise directed, Safari Multimedia uses “open source” content-management systems (CMS) and commercial components with minimal custom-coding to save significant costs and ensure rapid, critical software updates. If requested, Safari Multimedia will host websites on an annual basis as a courtesy to our clients in order to more easily manage their sites. We partner with a hosting provider and are not a hosting company ourselves.

As part of our hosting services, we also provide the following:

• Full site backups
• We scan your website’s critical files every three hours for virus and malware, and for unexpected changes that may indicate hacking attempts or unauthorized changes to your site.
• We update your CMS platform and website plugins and components (as available) to fix bugs, enhance security, and add features. Please note that the client is responsible for purchasing subscriptions for paid software that needs updating.

Code modification (hacks) to change functionality is NOT recommended and may void any platform and software warranty, prohibit updates, and cause data loss. Safari Multimedia will charge a one-hour minimum to modify, troubleshoot, and repair altered software.

3. BROWSER COMPATIBILITY

Safari Multimedia will test all its markup and CSS in current versions of Internet Explorer, Firefox, Chrome, and Safari.

We cannot test your website in old or abandoned browsers (e.g., Microsoft Internet Explorer 9 or below for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Chrome). Any additional code and its testing for older browser-compatibility issues will be charged at our hourly rate.

Safari Multimedia cannot guarantee and will offer no warranty (stated or implied) for any aspect of a website accessed through old or abandoned browsers, unless otherwise requested.

4. CONTENT

Your Web presence is all about content. In our experience, receiving good, publishable content (text, images, video, and sound) from the Client on schedule is perhaps the most difficult and least-predictable part of a Web project. Why? Organizations often are too busy running their businesses to focus on how to promote themselves with their website content like seasoned marketers. And some may have unrealistic views of what they have ready to go and what content they need to create.

Safari Multimedia will always work with the Client to complete the website in a timely and commercially reasonable manner. If the Client chooses to supply its own content, we ask that they provide us with completed content for all pages within two (2) weeks of the date of the Agreement acceptance unless otherwise noted.

The Client understands that Safari Multimedia may choose to delay or halt customization of the website until most or all content is received. If the Client does not supply completed text and images for all Web pages by the 45-day completion date as noted in this Agreement, Safari Multimedia will invoice the remaining balance of the Agreement.

Alternatively, Safari Multimedia can provide clear and concise writing, rewriting, copy editing, proofreading, and ancillary editorial services, geared toward online marketing and search engine optimization. Our editorial services are billed at hourly or agreed-upon project rates.

5. CLIENT CHANGES

Safari Multimedia understands that the Client may request significant changes to the design, features, functionality, and pages that have already been built to specifications. Please note that if significant modifications are requested after a feature or page has been built to the Client’s specification, additional charges will apply. Moderate changes, however, will always be covered during site development.

6. THIRD PARTY OR CLIENT SITE MODIFICATION

Our platforms allow client-content creation, editing, and updates. Please note, however, that if anyone other than the developer attempts to update website content or its underlying code and damages the design or impairs the ability of web pages to display or function properly, time to repair the site will be assessed at an hourly “rush” rate with a one-hour minimum.

7. DOMAIN NAME AND DNS MANAGEMENT

For security reasons, search engine ranking, and to ensure site integrity, proper functionality, and any warranties, client-owned domain names must be properly managed/configured to point to the correct hosting IP addresses and “nameservers.”  The domain-name owner will ensure that all server- and domain-management protocols are properly configured to assure optimum site function and data security.

The Client will hold harmless, protect, and defend Safari Multimedia and its subcontractors from any claim of security breach, data integrity, and site functionality arising from non-standard or improper domain name configuration. Safari Multimedia will assess an hourly rate with a one-hour minimum for any troubleshooting, repair, and correspondence related to server, domain-name, and technical issues not under our management.

8. TURNAROUND

Safari Multimedia will respond to and complete Client requests for technical, editorial, and content-management support within 48 hours after the request is received (excluding weekends and holidays) – but usually the same day, unless otherwise noted. Clients who need guaranteed same-day execution, after hours or weekends will be billed “rush” rates.

9. TIMING

New websites will be completed within 45 days after acceptance of the Specs/Agreement document*. Rush charges may apply if Client requests site completion in less than 45 days. Please note that while posting of initial Client-provided content is included in our Agreements, creation/posting of all content is not required for site completion.

* Completion timing may be adjusted per Client approval requirements, feedback, and content availability.

10. TERMS

For new sites, Safari Multimedia will bill half of the agreed amount upon acceptance (plus 8.25 percent Texas sales tax) with the remaining balance, sales tax, plus any additional fees for mutually agreed-upon upgrades or add-ons, due upon receipt at site completion (see “Timing” above for additional information).

For existing site content management, maintenance, and IT support, Safari Multimedia will bill for services rendered each month with the expectation that they will be paid promptly. An additional charge of 10 percent may be added to any invoice not paid within 30 days. Payments past due more than 60 days may result in suspension of the website and cancellation of any agreement, at Safari Multimedia’s discretion.

11. CONDITIONS

Safari Multimedia makes the following assumptions for each Client/project:

• We have the experience and the ability to perform the services you need and we will carry them out in a professional and timely manner.
• All work will be conducted by both parties with a courteous, professional demeanor as “partners,” with high standards of responsiveness, cooperation, integrity and mutual respect.
• As our Client, you have the power and ability to enter into this Agreement on behalf of your organization.
• You agree to provide digital source files for content, review our work, give feedback, and obtain approvals in a timely manner.
• You agree to adhere to the payment schedule defined under “Terms” above.
• You will identify and provide an experienced single point of contact through which all communication and feedback will flow.

12. COPYRIGHTS AND TRADEMARKS

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other works furnished to Safari Multimedia, LLC for inclusion on the website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements. The Client will hold harmless, protect, and defend Safari Multimedia and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

13. ACCREDITATION/PROMOTIONS

Safari Multimedia, LLC shall be entitled to place accreditation, as a hyperlink, in the form, size, and location as incorporated by Designer on each page of the website. We retain the right to reproduce, publish, and display the website in our portfolios and websites, in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with the creation of the website in connection with such uses. The Client agrees that Safari Multimedia may refer to the Client and reproduce the Client’s logo(s) in its marketing and promotional activities to third parties unless otherwise agreed to in writing by both parties.

14. NONDISCLOSURE

Safari Multimedia, LLC and its employees and subcontractors agree that, except as directed by the Client, they will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Safari Multimedia, LLC, its employees and subcontractors will sign Client confidentiality agreements if requested.

15. WARRANTIES

Safari Multimedia builds the very best websites available using world-standard open-source Web technologies. We will always do our very best to assure your website fulfills your needs and meets your goals.

However, given the dynamic nature of our websites and third-party variables outside of our control – including but not limited to the Client’s Internet connection, firewall, browser, and network operating environment – we cannot guarantee that the functions of every Web page, component or template will always be error-free under every circumstance.

Safari Multimedia is not liable to the Client or any third party for damages or hacks, including lost profits, lost savings or other incidental, consequential or special damages arising from the operation of or the inability to operate this website and any of its Web pages, even if you have advised us of the possibilities of such damages. While we use best practices for site security, including installing a firewall on all our sites, we cannot guarantee that a site will not be hacked, nor can we guarantee that it will get visitors.

16. SEARCH ENGINE PROMOTION

We are not by default responsible for the Client’s on-going website promotion. If the Client requires the site to be promoted on an ongoing basis, a separate contract can be agreed. The order in which websites are ranked in the search results is controlled by the search engines. We will endeavor to ensure that your site is successful in the search rankings through carefully optimized design and content. However, search engines frequently change their retrieval methods, and you accept that we cannot be held responsible for future rankings under this contract.

17. WAIVER

A waiver of any term, provision or condition of this Agreement will be effective only if obtained in writing, signed by both parties, and only in the instance and for the purpose for which it is given.

18. COMPLIANCE WITH THE LAW

Client agrees to use our services and the website for legal purposes only. In the event Safari Multimedia becomes aware of, or reasonably believes, in its sole discretion, that the website is being used for illegal purposes, Safari Multimedia shall be entitled to immediately terminate the Agreement and the Services (including site hosting) without notice in addition to any remedies to which it may be entitled under law. Client shall not, nor shall it allow, authorize or assist any employee or third party to use the website for any illegal purpose whatsoever.

The Client agrees to indemnify and save harmless Safari Multimedia from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, and interest arising in connection with any illegal use of our Services or the website.

19. TERMINATION

The Client may cancel this Agreement at any time by providing 30-day written notice, provided that payment is up-to-date.

Safari Multimedia reserves the right to cancel this Agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address-of-record.

20. AND FINALLY

This Service Agreement cannot be transferred to another individual or firm without written permission. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

* Safari Multimedia reserves the right to update and change these terms and conditions at any time. These subsequent changes will not affect any existing written service agreement unless specifically stated in writing.