Thank you for choosing Social Sail, herein referred to as Social Sail, for your online marketing and web design needs. Please read the following Disclaimer, Terms of Service, and Privacy Statement (“Terms”) in detail as it applies to all of Social Sail’s clients (“Clients”) and Social Sail’s transactions with its Clients. The Terms may change at any time and without prior notice, so please check the Terms frequently. If you have any questions, please contact Social Sail at the contact information found herein.

By accessing Social Sail’s website (the “Site”) or signing Your Invoice, You, the Client, agree to all of the terms and conditions found in the Terms.

Website Timelines. Social Sail strives to work within a standard timeline in the construction of Your website. In Social Sail’s standard timeline, the initial design consultation takes place within 10 business days after the date of sale, the content consultation takes place within 15 business days, the design is approved within 20 business days, the content is completed within 25 business days, the theme is completed within 30 business days, the soft launch is completed within 35 business days, and the domain is live within 45 business days after the date of sale. While Social Sail strives to maintain this timeline, there is no guarantee that Your website will be completed in this timeline due to varying circumstances.

To ensure the quality of service and the happiness of its Clients, Social Sail retains the right, in certain circumstances, to move forward to complete the website without Your consent if You delay the project. Although Social Sail reserves the right to move forward for any given reason, Social Sail stands by the satisfaction guarantee, in which Social Sail will complete all changes and revisions You would like until You are happy with the website. If Your website is moved forward without Your consent, Social Sail will complete any needed revisions and updates to Your satisfaction.

Content. If Your Invoice for Your website includes the “Text assistance and placement” feature, Social Sail will create up to ten pages (up to 5000 words total) of custom written content for Your website based on information You provide to Social Sail, plus standardized pages about various services You offer, but this Invoice feature does not include writing blog posts if Your website has a blog. If Your Invoice does not include the “Text assistance and placement” feature, You must provide Your own written content, and Social Sail is not responsible for spelling or grammar errors of such content. You understand that it is Your responsibility to ensure the correct content is submitted to Social Sail in a timely manner. All photos, images, and written content must be delivered to Social Sail in a digital format and must follow all copyright laws.

Social Media Graphics and Posts. Social Sail will create Social Media Graphics based on the design of Your website. Social Sail allows for one redesign per social media page if You are not satisfied with the original design of the Social Media Graphics. If You request additional redesign work, Social Sail reserves the right to charge You for further Social Media Graphic designs.

Social Sail retains the right to use templated social media posts. You are able to request custom social media posts and graphics with at least one week of advance notice to Social Sail, and You are allowed one redesign of the post and graphics at no additional cost.

Video. Social Sail agrees to furnish services to the Client and specifications included in the signed Agreement. To confirm this Agreement, return a retainer equaling fifty percent (50%) of the total contract price. The remaining 50% balance is due upon viewing and approval of final product; the final product is then delivered in a usable format. All checks should be made out to Social Sail. For all returned checks, the Client will be responsible for all fees resulting from the check being returned. Any remaining balances not paid thirty (30) days after written approval is received by Social Sail will be subject to a fee of ten percent (10%) of the total amount owed for every month the balance remains unpaid.

The Agreement cannot be canceled or modified except in writing by both the Client and Social Sail. Shoots are scheduled on dates and locations agreed upon by Social Sail and the Client. If for any reason the client cancels after preproduction work has commenced, the retainer is forfeited. Rescheduling will be accommodated where possible. The client is responsible for any travel change fees, as well as a reschedule fee within reason at the discretion of Social Sail.

Revisions of the film are included, up to eight (8) hours of editing time, within two (2) revision phases. Additional editing/changes of the video(s) beyond eight (8) hours will incur an additional service fee of $250 an hour, unless such additional services are due to an unreasonable delay in performance by Social Sail. Final film is delivered electronically via www.dropbox.com. The Client will be responsible for preparing all appropriate video/photo licenses and performance permits for Social Sail’s services, unless otherwise arranged. The client is responsible for the cost of talent that are hired for the production. All proprietary rights, including without limitation all trade secrets, trademarks, trade names, and copyrights, in and to any works created by Social Sail under the terms of the Agreement, belong exclusively to the Client. Further, the Client retains ownership of any content it provides to Social Sail and to any changes made by Social Sail to content provided by the Client. Music licensing and voice over talent is to be purchased by Social Sail, using their preferred licensing house. If the Client chooses to use a different source for these products, the Client is responsible for the licensing and relieves Social Sail of any/all liability.

Neither party shall be liable, or be deemed to be in default to the other, by reason or account of any delay or omission caused by an event beyond their control (a “Force Majeure Event”). The time of performance of each party’s obligations under the Agreement shall be extended for so long as such Force Majeure Event continues, provided, however, that in the event such period of extended delay exceeds thirty (30) days in respect to performance by one party, the other party may terminate the Agreement upon notice to such party.

The Client grants Social Sail the right to use the final product and footage for display in portfolios, blogs, and any other Social Sail promotional media.

Approval. Social Sail offers a satisfaction guarantee, and throughout the design process, You will have several opportunities to review the content and design in detail. Social Sail requests that if You have any changes, You create one list of all requested revisions. Once the website goes “live,” You agree that Social Sail has satisfactorily rendered its services and that the website is functional to Your satisfaction.

Changes. Social Sail’s monthly service and support includes changes and updates to Your website. (For legacy customers paying less than $199/month, the service and support fee only covers minor changes and updates to text and pictures.) If at any time You need to make a change to Your website, please contact Social Sail and Social Sail will be happy to make the requested change. Please note that these changes cannot include any feature or option that was not paid for in Your initial Invoice. If changes outside of Your initial Invoice are requested, You will be provided with a separate quote for said changes.

All domain names, logos, marketing materials, and website designs purchased or created by Social Sail remain Social Sail’s sole property and are protected by United States and international copyright laws. Written content created by Social Sail remains the intellectual property of Social Sail, but Social Sail grants You a non-exclusive license to use such content on Your website during Your time as a Client of Social Sail.

Utilities. Some of the utilities provided by Social Sail for use on Your website access files and/or resources that are not on Your website. Such utilities may not work if You move Your website to another host, and Social Sail is under no obligation to make them work under those circumstances.

Domain Transfers. Social Sail retains the right to charge for any type of domain transfer away from Social Sail’s system. See ICANN for more information.

Hosting Exemptions. If Your website is not hosted on Social Sail’s servers, Social Sail cannot guarantee that Your website will work correctly. In these cases, Social Sail is not liable for any security issues and cannot be held accountable for any hosting issues or downtime.

Monthly Payment Option. Social Sail offers an optional monthly payment plan. Subject to Social Sail’s approval, in its sole discretion, Social Sail may offer a monthly payment plan. If You elect to utilize the monthly payment plan, You are required to execute a monthly payment commitment that is structured from the date of sale. The terms and conditions of said commitment are incorporated into the Terms. You agree to pay one payment per month on the due date of each month for twelve months. If You default on a payment, Social Sail may commence necessary collection procedures. These procedures may include, but are not limited to, use of third-party collection services or attorneys and reporting the delinquency or default against Your credit report. You agree to pay all costs of collection, including but not limited to attorney’s fees, fees and costs, and courts costs. In the event that You cancel the monthly hosting service, all domain names, logos, marketing materials, and website designs purchased or created by Social Sail will remain Social Sail’s sole property.

Split Payment Option. Subject to Social Sail’s approval, in its sole discretion, Social Sail may offer a split payment option in which the initial contract payment is split into two parts. You understand the fact that Social Sail is expending resources on the design, construction, and hosting of Your website which may exceed the amount of Your first payment. Under normal circumstances, your website will be complete within 4 to 6 weeks from the date of Your Invoice; however, if Your website is not complete 60 days after the date of Your Invoice due to Your delay in responding to Social Sail’s requests for information needed to complete the design and/or construction of Your website, You authorize Social Sail to charge the second payment.

Automated Payments. If You provide Your payment information to Social Sail, you agree that Social Sail may set up Your account on an automated payment (auto pay) schedule unless otherwise specified. Automated payments may be set up through a credit card and E-Check.

Monthly Service and Support. Unless service and support for the first year is included in Your Invoice, Your monthly service and support is billed every thirty (30) days from the date of Your Invoice and will begin regardless of Your website's status. You agree that all monthly service and support fees are non-refundable. If the first year's service and support was paid for up front, then monthly service and support charges will begin one year from the date of Your Invoice and will continue until You cancel as detailed below.

You authorize Social Sail to withdraw Your monthly service and support fee from the credit card You provide. If You would like to update Your credit card on file, You may do so at any time prior to Your next billing cycle. You understand that You are responsible for ensuring that the credit card information is current and valid, and that You have sufficient available credit to cover the service and support fee.

You may cancel Your monthly service and support at any time as long as 30 days' notice has been received by Social Sail prior to the next billing cycle. To cancel Your monthly service and support, You must properly complete and submit Social Sail's Cancellation Form. In the event that You cancel the monthly hosting service prior to the period set forth in Your Invoice, all domain names, logos, marketing materials, and website designs purchased or created by Social Sail will remain Social Sail's sole property.

Our Internet Marketing Guarantee. If Your Invoice includes Social Sail’s “Internet Marketing Guarantee” feature, Social Sail guarantees that after the contract is paid in full, You will be satisfied with the results, or else Social Sail will continue to work on Your internet marketing for free.

What this Guarantee means is that if You are not satisfied with the results, Social Sail will waive the monthly service and support fees for a three-month evaluation period. During the evaluation period, a tracking phone number will be installed on Your website to allow phone call data to be collected. At the end of the evaluation period, Social Sail will show You the data on the number of contacts (phone calls and online appointment requests) generated per month by Your website. If Social Sail agrees that the number of contacts per month is not satisfactory, Social Sail will continue to waive the monthly service and support fee while working to get the number up to a satisfactory level. If, on the other hand, Social Sail reasonably believes Your website is generating a satisfactory number of contacts per month, then Social Sail will resume charging the monthly service and support fee.

Because Social Sail must have full control of Your website in order to implement our internet marketing strategies, unless Social Sail gives prior written authorization, Social Sail’s Guarantee will no longer apply under the following circumstances: (a) You move Your website off Social Sail’s hosting servers; (b) You redirect the primary marketing domain away from Social Sail’s hosting servers or allow it to expire; (c) You hire another company or person for Your internet marketing and they make changes to the website; or (d) You have a pre-existing or additional website competing against the website Social Sail has built for you.

Our Satisfaction Guarantee. The Social Sail Satisfaction Guarantee assures you that our company will keep revising your website until you are 100 percent satisfied with the design and functionality of the finished product.

Therefore, if you are not happy with the design, layout, or functionality of your website, Social Sail will continue to work on your site until you are completely satisfied, according to your expectations and vision.

The Social Sail Satisfaction Guarantee does not preclude your obligation toward your monthly payments: Even during periods of ongoing website revisions, Social Sail will still continue to bill you regularly for the contracted amount.

Promotional Items. If You receive any Product or Item as part of our Promotional Items program and do not fully complete Your payments for the website, Social Sail retains the right to charge You for the full price of the Product or Item. If You receive a gift card as a Promotional Item, Social Sail reserves the right to cancel any gift card that is not redeemed within six months. If Your promotional gift card is cancelled due to lack of use, please contact Social Sail for a replacement gift card of the same value.

Miscellaneous Provisions. Social Sail regularly backs up the server for all of its Clients’ websites. Social Sail keeps daily, weekly, and monthly backups of all websites. Clients at any time can request that Social Sail rollback their website with one of these backups. Notwithstanding the foregoing, it is expressly understood that Social Sail is not responsible to back up any Client’s website and is not liable or responsible for any lost data. You are advised to seek appropriate backup solutions.

Social Sail strives to operate within Google’s “Webmaster Guidelines,” and in doing so, refrains from guaranteeing any particular ranking as a result of its marketing efforts. (See the following quotation – “No one can guarantee a #1 ranking on Google.”)

Neither Social Sail nor any of its third-party content providers shall be liable for any damages, of any kind, whether direct, indirect, incidental, consequential, or punitive, otherwise, for any lost revenues or profits of any Client.

No modification, amendment, or waiver of the Terms shall be effective unless approved, in writing, by Social Sail.

Section captions shall not in any way limit, modify, or otherwise alter the provisions in the appurtenant section.

The Terms shall be construed, enforced, and interpreted under the laws of the State of Utah.

In the event that there is litigation regarding the Terms, venue shall be at the Provo Courthouse of the Fourth Judicial District Court, State of Utah.

The Terms, along with Your Invoice and Your payment agreement (if any), contain the entire agreement between the parties, and except as otherwise set forth herein, supersedes any previous agreement between You and Social Sail, whether written or oral, regarding the terms, conditions, and scope of Social Sail’s transactions with You.

Any provisions hereof not enforceable under the laws of the State of Utah shall not affect the validity of any other provisions hereof.

It is Your responsibility to ensure that any and all content submitted to Social Sail is original content and that it does not infringe on any third-party copyrights, trademarks, or other intellectual property rights. You further agree that You will assume full responsibility and liability for any infringement of Your website, including but not limited to the website’s content or design. You further agree to indemnify Social Sail for any costs, fees, court costs, legal fees, damages, or other harm incurred, to defend itself or otherwise necessitated as a result of the content or design of Your website.

Social Sail is protected by all U.S. and International copyright laws. All rights not expressly granted are reserved.

Social Sail respects copyright, trademark, and intellectual property rights of others. Social Sail reserves the right to terminate an account if it is found to have violated or infringed on the intellectual property right. You also understand that Social Sail is not liable if You send Social Sail infringing material to be added to Your website or if You add infringing material to Your website through Social Sail’s content management systems.

You agree that if Social Sail is involved in any lawsuit, legal proceeding, or other proceeding as a result of Your actions or the content or design of Your website, that You will indemnify Social Sail for all costs, expenses, or damages paid by Social Sail, including but not limited to Social Sail’s attorney’s fees and costs.

You further agree that in the event that Social Sail is obligated to engage counsel or initiate legal proceedings, or proceedings to enforce the Terms, You will pay all of Social Sail’s legal expenses, including, without limitation, attorney’s fees, court costs, and other expenses.

Privacy Statement.
Social Sail understands that privacy online is important to its Clients.

Upon purchasing products or services from Social Sail, Social Sail may collect additional personal information including, but not limited to: credit card numbers, account number, bank account information, other financial or business information, Your personal clientele information, and any combination of personal information that could be used to determine Your or third parties’ identity(ies) (“Personally Identifiable Information”).

Except as set forth herein, Social Sail does not share Your Personally Identifiable Information with any other third party; however, due to the nature of outsourcing and special circumstances, Social Sail will obtain a written permission to use Your website for prospective Clients prior to disclosure.

Social Sail uses Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site.

Personally Identifiable Information collected by Social Sail is securely stored and is not accessible to third parties or employees of Social Sail except for use as indicated herein.

Social Sail has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need-to-know basis for evaluating authorized Clients for service eligibility. Social Sail’s privacy policy does not cover the vendor’s collection or use of this information.

Social Sail will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. Social Sail will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our visitors and authorized Clients.

All of our employees are familiar with Social Sail’s security policy and practices. The Personally Identifiable Information of our visitors and authorized Clients is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. Social Sail audits its security systems and processes on a regular basis. While Social Sail takes commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and Social Sail cannot, and does not, guarantee or warrant that such events will not take place and Social Sail will not be liable to visitors or authorized Clients for any such occurrences.

Please contact Social Sail if You have any questions.

Social Sail
752 East 1180 South, Suite 100
American Fork, UT 84003
866-664-5216
businesspromotion.com
design@businesspromotion.com