These terms and conditions only apply to clients using the fully managed websites package. They do not apply to hosting-only clients.
You as the client agree to pay the initial setup cost and first month of service. All future payments will be charged automatically to the payment method on file. In the event of a failed payment, you will have 10 days to resolve the payment issue or risk suspension of your website.
In the event payment is not made within 10 days, FizzPop Media LLC will charge a late payment fee of 1.5% per month on any overdue and unpaid balance. In addition, FizzPop Media LLC reserves the right to stop work and/or suspend the hosting of your website until payment is received.
Migrating data from an existing website is included in the scope of this project. This includes content (pages, blog posts, copy), media (images, graphics, videos, files), databases, and users. Note that content on old technology may be difficult (or perhaps impossible) to migrate. We will inform you of any concerns as we encounter them and provide a separate estimate.
You will need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high resolution digital format. Videos should be hosted on a third-party platform like YouTube, Vimeo, Facebook, etc. Self-hosted videos are available at an additional cost.
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. You are responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of your website.
Much of our ability to deliver such fast, functional websites at the pricing that we do comes from our vetted stack of third-party software partners and tools. FizzPop Media, LLC cannot be held responsible for any issues, problems, or damages arising from the use or reliance on third-party software or services. While we may recommend or integrate such solutions into our operations, we do not guarantee their performance, functionality, or security. Any use of third-party software or services is solely at your own risk. We strongly advise clients to review and abide by the terms, conditions, and privacy policies of any third-party software or services they choose to utilize.
FizzPop Media strives to ensure that every website we develop is compatible with the following browsers: Chrome, Safari, Edge, and Firefox. Devices and their operating systems also have a substantial impact on site functionality and we support devices running the following operating systems: Windows (desktop/laptop), macOS, iOS, Android and Chrome OS. For all browsers and operating systems we support the current production version and the previous major release.
FizzPop Media Fully Managed Website services include site edits and additions under our fair use policy, ensuring that your website can continuously evolve alongside your business. This policy is designed to provide you with ample opportunity to make changes and updates as needed, while also ensuring efficient use of resources for all clients. The fair use clause is a testament to our commitment to adaptability and client satisfaction. Our goal is to be generous with what we include in “site edits” so here are some examples of requests that ARE included in unlimited site edits:
- Add this new blog post
- Add this event to our existing events calendar
- Change the homepage image with the attached image of this upcoming event
- Embed this YouTube video on the About Us page of our website
- Upload these PDFs to the New Clients page for download
- We’ve updated our services, please update the text/pictures
- Add our new office manager’s email address to the recipients of our contact form
- Create links in our footer to our social media profiles
- Our business details changed, please update the hours/location
As the requirements for your site change over time, you may want to add new features to your site that require significant development and ongoing work. These changes may require an additional upfront cost and/or change in your monthly program cost. If a feature request requires a change in program cost, we will notify you prior to any changes.
Here are some examples of requests that would be considered new site features:
- We’d like to add an online store
- I’d like to add a blog to the site
- I’d like to display a discount code on the store pages but not to anyone that clicks on a link from email
- I’d like to integrate all of our forms with custom software and need FizzPop Media to develop the integration for this
- We purchased another company and want to migrate all of their content to our website
- We need a new client intake form that gathers information for their new project inquiry
- We now offer a subscription service and need the ability to sell subscriptions on our site
- We’d like to add an events calendar to the site
If you ever wish to cancel your services with FizzPop Media, you will keep your website and all of your content. It is your website and you own it. In the (hopefully unlikely) scenario that you do want to cancel, you would need to manage the website migration, purchase all the necessary software licenses, establish reliable hosting, create and manage a WAF, migrate DNS to a new environment, establish offsite backups, and manage all future software updates.
You have the right to cancel your service with FizzPop Media at any time. We request a 30-day notification of intent to cancel. You are responsible for any migration-related expenses. You agree to reimburse us for all costs and expenses we incurred prior to your cancellation, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
