Terms & Conditions
Gifted Owl Technologies strives to be a very responsive support team for our clients. Our goal is to give you the absolute best in service and care. To give you the best service, we ask that you follow a few professional boundaries. As a general practice, emails will get prompt attention during the work week, M-F. Keep in mind that all web accounts are still monitored 24 hours a day so if something needed your attention, our systems would catch it and alert us, even after hours and weekends. Client to team communication by phone should be via business phone, not team member’s personal phones, particularly after hours and weekend. An occasional text may be ok, during regular business hours, using business phone numbers, but the preferred method of communication is email.
- Support Ticket – For support related issues, our preferred method of communication is to complete a Support Ticket.
- Email – For questions and concerns that are not support related can be sent to [email protected]
- Voice Mail – Non-critical messages can be left on our Voice Mail at 904-468-7849
- Priority Time Frames are for M-F Business Hours
- Low: Not Time Sensitive
- Normal: 48 – 72 Hours
- High: 24 – 48 Hour
- Elevated: ASAP (Reserved for Website Outages)
Managed WordPress Service
- Hosting – Premium level Managed WordPress Hosting is included with your Managed WordPress Service at Gifted Owl. While hosting with Gifted Owl is not required, it is strongly encouraged in order to maintain security and performance of the website.
- Updates – Web support is based on your plan per your agreement. Additional time is billed at $125/ hour. The minutes do not roll over month to month. Non-urgent content changes requested for same day turnaround may not be able to be accommodated and will be at the discretion of Gifted Owl.
- Backups – Website hosted with Gifted Owl are backed up nightly. Backups are stored off-site for up to 30 days. For non-hosted websites, no guaranteed backups. Long-term monthly backups may be available.
- Security & Malware – Websites are scanned for Security risks on a daily basis. Plugins that are identified as a security risk are updated immediately. In the event that Malware is located on your website, restoration and hardening are included free of charge. This time does not count towards your website updates allotment. Non-hosted websites will incur an hourly rate for any restoration and hardening caused from malware.
- Uptime Monitoring – Websites are monitored 24 hours per day, 7 days per week, 365 days per year. Our goal is to ensure 99.9% update. In the event that a website is to go offline for more than 5 minutes, Gifted Owl is notified and immediate action is taken to restore the website. Uptime Monitoring is not available for non-hosted websites.
- Plugin and Theme Updates – Plugins and themes are updated on a weekly basis. Any plugin or theme that has been identified as a security risk will be updated immediately. Non-hosted websites will not have plugins updated automatically. Only security flagged plugins and theme will be updated.
- Paid Plugins and Themes – Any premium plugin or theme costs will be covered by the client. The License Key must be provided to Gifted Owl by the client. If preferred, Gifted Owl will acquire and manage any premium licensing, but additional costs may be passed on to the client.
- Spam Protection – Gifted Owl will configured and maintain spam protection services on your website contact forms and comment fields. This only pertains to inbound spam coming to your website.
- Email Deliverability – Gifted Owl will connect an email deliverability service to help ensure that outbound emails from your website are being properly delivered. In addition, Gifted Owl will confirm the proper Domain Name Server (DNS) settings for DKIM and SPF records.
- Google Analytics – Gifted Owl will assist with embedding of Google Analytics tracking codes in your website header. The client is responsible for sending Gifted Owl the proper Google Analytics tag. The client is encouraged to share access to your Google Analytics with [email protected].
- Google Map Integrations – Gifted Owl will provide and connect Google Map Integrations on your website.
- Free SSL Certificate – a digital certificate that provides security for online communications.
- Free Website Migration – we will move your website to our Gifted Owl environment for monitoring.
- Client Reporting – Each client is entitled to an emailed monthly report with a summary of the above information.
Domain names are the possession of the client. For the ease of management, the primary owner name of these domains is “Gifted Owl Technologies”. This is not claiming ownership, only management. Domain names always stay with the client if the client pays to keep the name up to date (see SEPARATION & REFUNDS, DEPOSITS).
Domain names are renewed and paid annually on the 1st of December. Current renewal rate for a domain name and associated zone file is $30. Any client who uses a domain name that is managed outside of Gifted Owl Technologies is fully and solely responsible for the renewal and associated fees. Gifted Owl Technologies carries no responsibility for renewing a domain name registry at outside entities. (GoDaddy, Web.com, Registry.com are just a few examples)
Important note: The plugin uses the settings specified into the WordPress website to deliver the emails. It is strongly recommended to use a “from” email addresses that belongs to the website domain name, for example if your website is http://www.sample-website.com then use an email address like [email protected], this will help to skip a lot of anti-spam restrictions. Avoid using emails like “…@gmail.com”, “…@hotmail.com”, “…@aol.com” as “from” addresses since these are identified as originated at external servers and reach to the spam folder or are completely blocked. This isn’t a mandatory requirement but it is strongly recommended.
You are provided with the opportunity to approve a draft prior to publishing the website / print material. When you reply that the material is accurate and to your liking and ready to move forward, you are assuming the responsibility of any further changes / revisions. Once a site is launched, it is an agreement that you are fully satisfied with the work, and agree to the BILLING terms stated below.
Gifted Owl Technologies strives to be affordable based on current market rates for our services. All billable work will be given an estimate prior to commencement. Much work (minor edits, photo change outs, etc) are covered under most retainer plans that are at or under the included 30 minutes of updates per month. Larger web edits will be invoiced. Additional hours outside of the hours included in your Support and Hosting plans will be billed at $125/hour (subject to change).
Examples of minor edits that ARE included in your web retainer
- Text changes – “Please change this with that” (text is provided to us)
- Photo replacement – “Here is a new photo of __________, please add it to ____ page” Examples of edits that ARE NOT included in your web retainer and are subject to being billed:
- New section and/or new pages “We are now selling new _____________ and we need a whole new section on our site” or “Please add a new page highlighting this new service
Gifted Owl Technologies reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any monthly or annual term plans. It is your sole responsibility to periodically review billing information provided by Gifted Owl Technologies through methods of communication, including notices sent or posted by Gifted Owl Technologies.
Every step of our process is dedicated to creating a site consistent with the wants of our clients. We invest valuable staff time creating something that we will all be very happy with and proud of. This process is a labor-intensive process but they are labors of love. The deposit you pay is an investment into our vision for you and your business. We hold our portfolio of clientele as a firm merit to the capabilities and creative prowess of that investment. The time for that creation is reflected in the initial deposit. If we are unable to agree on this vision following several attempts, we waive the balance of the cost to you, but the deposit is kept by Gifted Owl Technologies to cover the cost of labor.
All payments are deemed earned when paid and are not reimbursable. Any payment beyond 10 days is considered late and is subject to a late fee. Any on-going service that doesn’t get payment within 60 days is subject to suspension (both website and emails). Once suspended, payment in full is required to reinstate services and subject to a reinstatement charge of $50. Once suspended, if payment is not made with 90 days, Gifted Owl Technologies retains the right to claim ownership of all intellectual property including and not limited to all domain names and associated email accounts and associated documents.
Gifted Owl Technologies reserves the right to choose clients – we reserved the right to do business with whomever we want. We also reserve the right to stop doing business with a person or organization if reconciliation is not achieved following multiple conflicts.
If at any time there is a complaint or problem in which you feel that you want a refund and cancellation of this contract, let us know. The process is as follows: Contact our office via email expressing your concerns, giving us a fair opportunity to make corrections as needed to keep you satisfied. If after 30 days of written and verbal concerns you are still not satisfied, we will agree to go into mediation with a third party to come to mutual satisfaction.
If at any time either party determines that the best move is to separate professionally, we both agree to do so civilly. Any web work, either design or social, is the property of you, the client*. We do not hold anything hostage. We will gladly give you a full backup of all work, design, web, photos, videos, etc, for you to have hosted and managed elsewhere. Your domain name will be unlocked and ready or transfer. We will give information freely as needed to your new web company as needed. As we hope that we can work together for a very long time, things do happen, terms are not followed, separation occurs. If and when this becomes an issue, we agree to handle it professionally and simply within 60 days of a written request for such separation. (email is acceptable) The newly incoming web host will assume all responsibility to set up a new account, migrate all files, and initiate domain transfers. Once Gifted Owl Technologies receives written notice of cancellation, there will be one final billing. You and your new web host will have up to 30 days to handle the move. If you need more than 30 days to affect the move, you are subject to additional monthly billings. There are no prorated invoices.
* In order for domain names and sites to be unlocked for transfer, all balances must be 100% paid up to date.
Rights to Material
You represent and warrant that you have full and unencumbered rights to photographs, charts, graphics, text, and every other type of material you provide to Gifted Owl Technologies for posting or publication, on a website or any other media; that such rights include, without limitations, the right to hold, use, protect, publish, and exploit that material; that publication will not infringe upon or violate any third party’s trademark, service mark, trade name, logo, copyright or other intellectual property or right to use the same; and that you obtained the consent of any third party whose consent is necessary for publication.
For all terms and conditions below, the “Parties” refer to you and Gifted Owl Technologies, and “Agreement” refer to the agreement between the Parties pursuant to which Gifted Owl Technologies is performing work for you.
In the event of Legal Proceedings between you and Gifted Owl Technologies, the prevailing Party will recover all its Expenses from the non-prevailing Party. For purposes of this provision, (i) “Legal Proceedings” means any form of legal process, including but not limited to litigation or alternative dispute resolution, arising out of or related to this Agreement; and (ii) “Expenses” includes attorneys’ fees and other costs arising out of or related to Legal Proceedings, including pre-litigation expenses and those attorneys’ fees and costs incurred after judgment for collection, on appeal, or in any other subsequent proceeding.
In no event may Gifted Owl Technologies be liable for any damages whatsoever, whether direct, indirect, special, incidental, or consequential, above and beyond the amount you paid Gifted Owl Technologies in the 12 months preceding any claim.
You agree to hold Gifted Owl Technologies harmless from any claim, demand, or cause of action, by whomever and wherever brought, that arises out of or is in any way related to Gifted Owl Technologies work for you; and to indemnify Gifted Owl Technologies for any expense or cost, including attorneys’ fees, imposed on or incurred by Gifted Owl Technologies as a result of any such claim, demand or cause of action.
This Agreement is governed by Florida law. Any litigation arising out of or related to this Agreement will be heard by such Court in and for St. Johns County as has jurisdiction, and the Parties hereby subject themselves to that Court’s jurisdiction.
If any Court should hold or find any of the terms of this Agreement void or voidable, such a finding will not affect the enforcement or validity of the remainder of this Agreement.
The Parties represent and warrant that they are not relying on any promises or representations that do not appear written in this Agreement.
The Parties acknowledge that they have read this Agreement, that they understand its terms, and that they agree to be bound by it. In the event an ambiguity arises, this Agreement will be construed as if drafted jointly, and no presumption or burden of proof may arise favoring or disfavoring either Party by virtue of authorship. Where the context so indicates or requires, the singular includes the plural, the plural the singular, and the use of any gender is applicable to all genders. The captions in this Agreement are for convenience only and are not a part of this Agreement. Where necessary to enforce the Parties’ intent under this Agreement, its provisions are meant to survive its termination. This Agreement may not be amended except by written agreement signed by both Parties.
This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which together constitute one and the same instrument. Signatures transmitted by facsimile or digital scan will be deemed original signatures.