Terms of Service
Here are some basic terms of service guidelines for clients to consider before working with Emboss in any capacity.
Domain & Hosting
Emboss does not retain ownership of the client’s domain names or DNS records as best practice. We highly advise clients to delegate access to DNS records accordingly. We cannot guarantee access to domain names beholden by third-parties or payment failures.
Emboss hosts all client’s sites on a tier-1, Dedicated Server environment for the purposes of productivity, uptime and to ensure the best quality service.
Emboss’ HackFree Guarantee (HFG) states; “If your website ever gets hacked we will fix it at no charge within 30 days of the attack” (see also: Emboss Performance below). HFG is only eligible for clients in “Good Standing” which means they are fully serviced (Hosting & Maintenace), active clients without any outstanding (past 30 days) invoices and takes actions on critical concerns within 30 days.
Although Emboss has 24/7 monitoring which detects if the website is down (500 error/unresponsive), it does not detect malware. Normally this is a good indicator of malware but its not foolproof. Our server has some layers of detection/protection/prevention services baked in but Emboss cannot always fully detect malware at the pulse. Emboss has a 30-day, backlog window to reprovision a site which means if the hack was detected 31 days prior through manually reprovision discovery, we would assess the damage 30 days vs current date to select the best starting point to begin scrubbing files and patching holes. Once completed, the client will sign off on the work with full disclosure. Not all sites can be 100% fixed which may mean downtime to re-establish site or build anew. Emboss holds the right to determine what is and isn’t safe/salvageable and the client is still bound to terms of service.
If the client is negligent with the website (inadequate password protection (ex: password=Admin), publicizing credentials on public forums or the like, tampering/uploading insecure/malicious data via database files, plugins, themes, ie: codebase) or ignores critical update notifications (security-related) for more than 30 days and/or is 30 days past due on a payment (not in “Good Standing”), Emboss holds the right to cancel the service agreement and/or charge a reasonable fee not to exceed ($200/hr.) to fix the compromised site *if at all possible. This means the client is no longer eligible for HackFree Guarantee and a notice of resolution will be sent to reinstate good standing.
If the client is NOT in good standing and the site is NOT salvageable, client will be 100% liable. If the client IS in good standing and the site is NOT salvable Emboss will rebuild/clean the site at no cost to the client (third-party fees may apply). If the client IS in good standing and the site IS salvageable, awesome!
For example: XYZ Hospital has had an annual service agreement with Emboss for the last 5 years. Emboss notified the client mid-year that the premium, WordPress theme is no longer supported by the Author (developer) and has 30 days to purchase a major update change or change themes. XYZ has not taken action and/or ignores requests to resolve the issue (XYZ is still an active client but not in good standing after day 30). NOTE: Emboss only has to notify the client once. On day 31, the site gets hacked, the files/databases are compromised and the site links to a porn site. Despite the outcome, the client is liable for all costs to reinstate the site and Emboss may choose to terminate the agreement. This is an extreme example but a real one nonetheless.
Clients are charged annually for hosting fees because Emboss purchases bulk, dedicated rackspace from WPEngine (supplier) and because so, is able to pass on savings due to prepaid service orders.
Emboss securely hosts some client credentials for access to the software. We are not liable for any breach of client credentials beyond our reasonable control (acts of God). The client has access to all credentials via a shared link. Client credential requests may take up to 1 week upon request.
Note: We strive to respond to all client requests within 1-2 business days.
The client gives Emboss rights to display client logo, public works, testimonials for promotional/marketing materials.
Emboss accepts cash, check, credit and/or debit. All online payments can be made to https://emboss.io/pay.
*The client accepts all Terms of Service upon initial payment highlighted in the invoice and/or accompanying email.
Emboss charges by projects, hourly and retainer basis and payments missed, delayed or withheld may void the agreement, or make it impossible to achieve deadlines. The client can also purchase minimum blocks of time which Emboss provides task/milestone highlights per time served.
Material & Content
Emboss does not post unauthorized content without a license or creative commons. The client is responsible for any unauthorized content displayed. Emboss does not monitor client management of the site and thus does not scrub assets for infringement. The client is responsible for any./all content unless stated. Emboss does not claim to be a Copywriter and the client should hire or designate this roll. Emboss has a content-first approach, the client provides any/all content before the design begins. Any holdups may void the deadline. If the client does not provide assets within a reasonable timeframe and withholds payment, Emboss may void the agreement and charge a file transfer fee not exceed $500 (for general/basic projects).
Maintenance is a recurring service in order to provide the client access to support and general website upkeep like proactively updating plugins, light theme updates (large updates may incur a fee). Maintenance is not Management. The client is responsible for Managing the website (adding/removing content, promotions etc…) any tampering of the site that involves breakage could incur a fee to recover changes within 30 days.
A revision session is when Emboss brings a client into the project progress needing additional direction or to show options. The client is given 1-2 weeks to provide any/all changes in one document/email. Typically, changes may take 1-2 weeks or more to implement, depending on change requests or scope of the project. The client may be charged a fee if time exceeds this limit. Typically the client is given 2-3 revisions per project. Additional revisions are billed on time.
If a client or Emboss chooses to disengage in working relationships, specifically the web/app will be transferred within 30 days upon mandatory, file transfer fee not exceed $500 (for general/basic projects). The client has access for 30-days to cloud folder assets (logos, images, documents ect…). Emboss may hold a record of clients’ files, folders, designs, databases and/or credentials for up-to-7 years per audit purposes.
Annual service and hosting agreements are legally bound contracts entered into at the time of payment with a 15-day, no-penalty refund policy (minus any labor cost & materials). Clients who choose to purchase annual savings agreements are obligated to 1) pay the full amount 2) fulfill the agreement through the service term. Renewals agreements continue upon the anniversary date automatically upon renewal payment which is subject to terms of service. Clients should consider their future plans carefully before entering into a contractual obligation and made aware of liabilities.
Cancellation & Reimbursements
Emboss, LLC holds the right to cancel the agreement at any time & for any reason. If Emboss chooses to cancel the agreement, Emboss may provide full, partial or no reimbursement based upon any/all client-related fees, labor, third-party costs, negligence, direct/indirect outliers and/or any other items listed within the agreement and terms of service.
Emboss holds the right to issue or not to issue any refunds minus any time, labor, COGS or efforts at a reasonable rate (void after 15 days per the 15-day, no-penalty refund policy).
Third-Party Fees: Emboss does not reimburse third-party costs and may charge the client third-party fees if purchased on Emboss’ behalf prior.
Hosting: Annual hosting is purchased as a bulk service order and does not qualify for reimbursements.
Maintenance Services: Clients may be granted a service reimbursement minus any costs/fees.
Emboss’ performance is outlined in the Service Agreement are remains in good standing unless; the client(s) believes Emboss was negligent, underperforming or not performing their obligation to service including but not limited to; unreasonable or prolonged completion dates, response times, system failures or the like, the client will send Emboss a written warning (physical or email [email protected]) and allow Emboss 30 days (or more depending upon reasonable project scope) to fix the problem. After 3 warnings, Emboss will waive breach fees.
*In the case of hacked accounts (or acts of God), Emboss is not liable for underperformance rather clients maintain a Hack-Free Guarantee which ensures we will fix the problem at no cost to the client so long as the client is in good standing.
Breach of Contract
If the client cancels outside the 15-day window and/or under good standing a breach of contract penalty will incur no more than 50% of the total annual amount (not including Severance Fee and any/all outstanding cost labor, material).
Any and all legal claims will be arbitrated through mediation in the jurisdiction of Pinellas Country, Florida.
Questions? Contact [email protected]