Terms of Service Agreement
For Customers utilizing website hosting, website development, website maintenance, or other technology services provided by Nautilus Technology Solutions, LLC d/b/a Nautilus Tech Solutions
The following are terms and conditions of services for website hosting, domain name registration, website design and development, computer and server repair, data recovery, drone photography, and all other technology services (“Services”) provided by Nautilus Technology Solutions, LLC d/b/a Nautilus Tech Solutions (“NTS”), an Arkansas Limited Liability Company, to the customer receiving or utilizing such Services (“Customer”). The Customer signature on NTS quotations, or payment of the first NTS invoice by the Customer indicates agreement to these Terms of Service. This Terms of Service Agreement is subject to change at any time without notice to the Customer.
- Website Hosting Terms
The quotation that NTS provides at the beginning of the website project will have the website hosting and domain name costs included if applicable. Website hosting and domain name registration costs are billed annually in advance and are non-refundable. The annual term will start on the date website hosting and domain name registration is purchased. NTS will bill the Customer one year from that date to cover the hosting and domain costs for the next year, and will bill annually on that date each year thereafter until termination. Termination of website Services with NTS requires a 30-day advance notification via phone, text, or email. If a Customer chooses to activate their domain name through NTS, their domain name registration will expire with their hosting service. The domain name and any email accounts created are owned by NTS until the Customer pays the final invoice or reimburses NTS for the purchase of the domain name, website hosting, and third-party software. NTS reserves the right to change the rates at any time by notifying Customers of the change of website hosting rates or domain name rates before the renewal. NTS reserves the right to cancel hosting service at any time for any reason or migrate to a new hosting provider at any time for any reason. If NTS cancels hosting, a backup of the website and database may be provided to the Customer. In certain circumstances, NTS reserves the right to require the Customer to use website hosting Services chosen and managed by NTS.
- Website Maintenance Terms
NTS will include the cost of website maintenance on the quotation if applicable. Website maintenance is billed annually in advance and is non-refundable, and in some circumstances annual maintenance is provided for free the first year. Annual website maintenance, whether provided for free or paid by Customer, is limited to 12 total working hours for the year or at NTS’s discretion. Any time spent by NTS on website maintenance beyond the 12-hour maximum will be billed as normal or emergency Services at NTS’s discretion.
Website maintenance shall include Services such as WordPress version updates, WordPress plugin updates, WordPress theme updates, website security updates, minor website content updates, minor formatting changes, and creating website and database backups. Website maintenance Services shall not include development of a new WordPress theme, creation of new web pages, adding eCommerce or other functionality not outlined in the original quotation, or any Search Engine Optimization (SEO) Services. Website maintenance Services shall also not include migrating the website to a new website host, fixing website or hosting issues caused by the Customer, third parties, or by any factors outside the control of NTS. The Customer reserves the right to take over maintenance of the website after it is developed by NTS. Any Services provided by NTS that are not considered to be website maintenance, or any Services provided by NTS during the time the Customer is responsible for website maintenance are billed to the Customer at a rate determined by NTS. Website maintenance is conducted during normal business hours and on a schedule determined by NTS, and any Services requested by the Customer to be conducted on a schedule not determined by NTS or to be conducted after hours will be considered “Emergency Services” and will be billed at a rate determined by NTS. NTS is not obligated to provide communication regarding the Customer’s website by phone, text or email outside of normal business hours. NTS is not liable for any data loss or corruption, website downtime, database corruption, loss of financial income, or any other issue that arises with the website, hosting settings, domain name settings, or settings for the platform the website is developed on.
NTS does not allow third parties such as other website developers, marketing companies, or any other third parties to have administrative WordPress login credentials. NTS does not work alongside other website developers or providers of Search Engine Optimization (SEO) Services. The Customer has the right to hire a marketing company during such time that NTS is responsible for website maintenance. However, if an administrative WordPress user is created for any third party without NTS consent, NTS may terminate website maintenance services at any time and at NTS’s discretion.
NTS may terminate website maintenance Services at any time for any reason. Termination may be effective immediately or at NTS’s discretion. Website maintenance Services are non-refundable. NTS is not responsible for or liable for any data loss or loss of financial income as a result of termination or any other website Services performed. If applicable, NTS may provide backups to the Customer at a rate determined by NTS.
- Search Engine Optimization (SEO) Terms
Search Engine Optimization (“SEO”) Services provided by NTS may be included with the purchase of a website at NTS’s discretion, or SEO Services may be purchased individually without the purchase of website design and development Services. SEO Services are non-refundable.
NTS will use specific keywords and/or phrases to improve the search engine ranking of and/or position the contents of the Customer’s website. NTS’s SEO Services are intended to serve two main purposes: 1) to provide the Customer with increased exposure in search engines, and 2) to drive targeted online traffic to the site. SEO Services may include (but are not limited to):
• Researching keywords and phrases to select appropriate, relevant search terms.
• Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
• Editing and/or optimization of text for various HTML tags, meta data, page titles, and page text as necessary.
• Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
• Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
• Create traffic and ranking reports showing rankings in the major search engines.
• Creating blog posts and social media posts.
NTS has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Customer’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, NTS does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
Some search directories offer expedited listing Services for a fee. If the Customer wishes to engage in said expedited listing Services (e.g., paid directories or paid advertisements), the Customer is responsible for all paid for inclusion or expedited service fees. NTS can offer a list of expedited listing Services upon request.
NTS is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Customer’s website. NTS will do its best to rank the Customer at the top of the online search results, but the Customer understands this can not always be achieved due to external factors beyond the control of NTS. NTS is not responsible or liable for loss of income or any other form of loss incurred by the Customer as a direct or indirect result of NTS performing its SEO Services.
- Computer Repair and Data Recovery Terms
Customer agrees that prior to NTS repairing or servicing of any customer equipment, it is the Customer’s responsibility to: (1) backup all data, software, information, or other files stored on the Customer’s computer disk drives, peripherals, or on any other electronic storage device; and (2) remove all external hard drives, flash drives, compact disks, DVDs, or other media from the Customer’s device, as applicable. Except as expressly provided for herein, NTS shall not be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, hard drives, flash drives, compact disks, DVDs, or other storage media.
NTS will provide a quotation with a cost estimate and the services to be provided. Customer signature on the quotation indicates the authorization to perform the repair on any suspected faulty device. Customer understands that other damage may be discovered during the inspection of the Customer’s device, and NTS is not liable for any damage other than what the Customer has authorized the repair to be completed on. This includes, but is not limited to: water or liquid damage, bent or broken device frame, chassis, or hinges, broken screens, software issues unrelated to the repair, any loss of data occurring as a result of the repair, any damage that occurs during transportation of the device, damage caused by electrical shortage or surge, or damage resulting from attempted Customer repairs. By signing the quotation and authorizing NTS to repair the suspected faulty device, Customer indicates full disclosure of all damage that is known or suspected on the device. Any diagnosis fee or other costs related to the repair of the device are non-refundable.
Data Recovery Services on digital storage media require a non-refundable diagnosis fee provided in the quotation. The Customer will be required to sign a Data Recovery Liability Release Form before NTS will diagnose a faulty hard drive or other digital storage media. If the data recovery process is successful, the Customer will pay the remaining non-refundable balance on the full quoted price. After payment has been made for successful data recovery, NTS will provide the recovered data on a Customer-provided digital storage media such as an external hard drive.
The Customer acknowledges that removing a hard drive from an external hard drive enclosure will void any warranty with the device, and the Customer assumes all liability from NTS performing data recovery Services which result in voiding any such warranty. The Customer’s signature on the Data Recovery Liability Release Form releases NTS from all liability with the hard drive, its warranty, or any data loss that may occur as a result.
- Payment Terms of Specific Services
- Website Design and Development Services
NTS requires a minimum of 50% down payment on all custom website design and development Services and projects. The down payment on website development is non-refundable, and the down payment amount may be modified at NTS’s discretion. The final balance is due 15 days after the completion of the website development project. Ongoing website maintenance costs are non-refundable and are billed to the Customer annually in advance. NTS will generally bill annual maintenance along with the annual prepaid web hosting and domain name renewals.
- Graphic Design Services
NTS may require a non-refundable down payment for graphic design Services. The customer gets three (3) renditions of the graphic or logo design, and NTS will provide a watermarked graphic or logo to the Customer for review. Once the Customer approves the design, the remaining non-refundable balance is due at that time after Customer agrees and accepts the graphic design or logo. NTS will remove the watermark and provide final copies of the graphic or logo after final payment has been received.
- Computer or Data Recovery Services
NTS may require a non-refundable down payment or diagnosis fee for Computer Services or Data Recovery Services depending on the nature of the repair. The amount of the down payment is at NTS’s discretion. Data Recovery Services on digital storage media require a non-refundable diagnosis fee provided in the quotation. If the data recovery process is successful, the Customer will pay the remaining non-refundable balance on the full quoted price. After payment has been made for successful data recovery, NTS will provide the recovered data on a Customer-provided digital storage media such as an external hard drive.
- Drone Photography and Videography Services
NTS may require a non-refundable down payment for aerial/drone photography or videography Services. NTS will provide a watermarked photo or video set to the Customer for review. Once the Customer approves the watermarked photos and/or videos, the remaining non-refundable balance is due at that time. NTS will remove the watermark and provide final copies of the drone photos and/or videos after final payment has been received.
Video editing may be provided as a service with drone videography. Video editing Services are non-refundable. The edited drone videos will be watermarked and provided to the customer for review. NTS will remove the watermark and provide final copies of the edited drone videos after final payment has been received.
- General Payment Terms
Payment is due upon receipt of an invoice for all Services, unless otherwise specified on the invoice. Accounts are in default if payment is not received 15 days after the invoice date. If the Customer pays by check that does not clear, the Customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 30 days after date of invoice will be subject to service interruption. Such interruption does not relieve the Customer from the obligation to pay the amount owed. Accounts in default are subject to an interest charge of $20 or 3% per month on the outstanding balance, whichever is greater. If the Customer state’s law does not allow an interest rate of 3% per month, the maximum allowable rate for their state will be charged. If the Customer defaults on payment, the Customer agrees to pay NTS its reasonable expenses, including attorney and collection agency fees and any other fees incurred in enforcing its rights under this Terms of Service Agreement.
- Content Responsibilities
The Customer is responsible for all content posted or stored on their web hosting space. NTS accepts no liability over the content or information contained on the servers used for hosting. NTS will not be liable for any direct, indirect, or consequential damages which may result from the use of this service by its Customers or any other related or unrelated third parties. NTS is not responsible for backing up data or recovering data in case of data loss on the Customer’s behalf. There are no warranties expressed or implied for the Services the NTS provides or the software used by the Customer.
- Service Interruptions or Data Loss
NTS is not responsible or liable for service interruptions, website downtime, data loss, data corruption, database damage, loss of income, or any other interruptions beyond its control. This includes accounts getting hacked, interruptions by its suppliers or hosting providers, natural disasters, and any other event NTS is not directly and solely responsible for.
- Account Credentials
The Customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a Customer believes that his or her user ID or password has been compromised, the Customer agrees to contact NTS immediately via phone, text, or email.
- Governing Laws
NTS’s business office is located in Elkins, Arkansas. Disputes arising out of or in relation to this Terms of Service Agreement which cannot be resolved first through direct discussion between parties involved, shall be resolved in the Circuit Court of Washington County, Arkansas, and shall be governed by Arkansas law. This agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable.
Any claims or legal action arising out of this Terms of Service Agreement must be instituted within 30 days after the claim or cause has arisen. NTS reserves the right to discontinue website Services, hosting Services, or any other Services for violation of any of the conditions of this Terms of Service Agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
All Services provided by NTS may be used only in accordance of the law. Storage, documentation, transmission, or presentation of information or data that violates US Federal, State, or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material, racist or threatening material, material that is obscene, “adult only” content, or material protected by other statutes. The Customer agrees to indemnify and hold NTS harmless from any claims resulting from his or her use of NTS Services that damage the Customer or another party. Use of NTS web hosting and email Services to send Unsolicited Commercial Email (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The Customer agrees to pay NTS any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial Email.
- Adherence to Quotation
It is the responsibility of the Customer to review in full all quotations for website development, website design, graphic design, and other Services provided by NTS. Should services or resources fall above the scope of the original proposal or quotation, NTS reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall outside the scope of the original project is due prior to development or net 15 days, at NTS’s discretion.
- Project Timeline
NTS will provide a quotation at the beginning of the project with Services to be provided and an estimated time of completion for the project. The Customer agrees to provide business information, login credentials, or any other information requested by NTS in a complete and timely manner as to not delay development of the website. NTS may invoice Customer for additional resources should the delay of a project interrupt NTS’s workflow or for repeated phone, text, or email communications requesting such information. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for Services are non-refundable and will not be returned to Customer should a project be delayed or terminated as a result of the Customer failing to adhere to project timeline, provide requested information, or cancel/terminate the website hosting or website project for any reason.
- Administrative Access
To prevent malware installation on the hosting servers, full administrative access to a WordPress or other website installation on NTS’s hosting Services or websites built by NTS will not be granted to Customer or third parties hired by the Customer. Customers may request access to specific features of a website such as editing pages or posts, and access may or may not be granted at NTS’s discretion. NTS is not liable for or responsible for any damage caused to the website or hosting servers, or any data loss or loss of financial income as a result of the Customer or its hired third parties logging in or performing services on the website or hosting account.
- Website Copyright
- Custom Websites
The copyright on a custom website or custom WordPress theme is transferred to the website purchaser after full payment has been received for the website. The Customer does not own a WordPress theme developed by NTS until the final payment has been made. If copyright transfer has been processed, Customer may receive a full backup of their website upon cancellation.
- Semi-Custom Websites
WordPress login credentials are not available to Customers who purchase subscription or layout websites. The copyright on semi-custom website development is transferred to the website purchaser after one (1) year of active subscription service. If a semi-custom website is paid for in advance, the copyright is transferred upon full payment for website development. If copyright transfer has been processed, Customer may receive a full backup of their website upon cancellation.
- Website Go Live and Access
A project is considered complete when full development scope has been reached per the price quotation given to the Customer at the beginning of the project. Should the Customer request changes beyond what was agreed to in the original quotation, NTS may complete these changes at additional cost. NTS provides an estimated time of project completion on the quotation, but in no way adheres to any specific date or time. Any additional software or plugins determined to be needed that were not included in the quotation will be billed to the Customer. Due to potential of the Customer corrupting the website development by logging in or editing the website, NTS reserves the right to block Customer administrative access to the website during the development phase. Account access to website and written or verbal training, if applicable and as agreed to in the initial quotation, will be granted only after final payment for the Services is received by NTS.
If a Customer at any time blocks access to the website hosting, domain name registrar, website login/administration panel, or changes/deletes NTS’s user profile account or credentials without a 30-day written notice, this violates the Terms of Service Agreement and NTS is resolved of all Services, responsibilities, and liabilities with the website or hosting Services. All remaining payments outlined in the quotation are still due if NTS has provided billable Services as agreed to by the Customer by signing the quotation, or by providing payment of the first NTS invoice by Customer indicating agreement to these Terms of Service.
- Termination and Cancellation Policy
NTS requires a 30-day notice by phone, text, or email prior to canceling a website hosting account. Website hosting and domain name registration charges are billed per year by NTS to the Customer in advance. However, any charges incurred by NTS not previously billed will be billed to Customer at the time of termination/cancellation. If the hosting service or domain name is not expired at the time of cancellation, no refunds for website hosting or domain registration will be prorated or provided by NTS to the Customer. At the time of cancellation, all website files, email accounts, and emails will be deleted from hosting servers. The Customer is responsible for requesting a backup of these files should they need them for future use. Providing a backup of the files from the hosting server or website administration dashboard may be billed as “Emergency Services” at NTS’s discretion.
This Terms of Service Agreement was last revised on January 1, 2019. This Terms of Service Agreement is subject to change at any time without notice to the Customer.