These Terms & Conditions were last updated on December 20, 2017.

When we use the terms “we”, “agency”, or “us”, we are referring to Mikkomi. When we use the terms “you” or “client” we are referring to the client, usually the other party on a written agreement.

These are general terms and conditions that cover all website projects and other creative projects performed by Mikkomi. Unless an addendum is specifically written, attached to a proposal or letter of agreement, and signed as agreed to by an agent of Mikkomi, it is not valid. Please refer to this document to determine the applicable terms and conditions.

These terms apply during any project worked on for the Client. The applicable start date of this agreement is when the first service was requested or the first agreement or proposal accepted, and this agreement ends upon severance by one of the parties, or upon cancelation or postponement of a project. Many terms will survive this agreement’s severance, but will continue with an ongoing responsibility to uphold those terms.


General

The parties to this agreement are Mikkomi and the Client, defined as the person or entity receiving services. Delivering payment for an invoice, or signing a proposal or letter of agreement (by electronic or physical means), signifies acceptance and agreement of these terms and conditions. Parties will act reasonably and in good faith. The Client, acting in capacity for himself or herself, and as an agent for the company he or she is representing, certifies and attests that he or she understands and agrees to all terms and conditions set forth here, through signing an agreement or making a payment.

Consideration

The Client will receive, for consideration, any or all of the following, as well as other services possibly not listed here (further detailed on the specific project proposal, summary email, and/or brief):

  • conceptualization
  • creative work
  • design work
  • designs
  • marketing ideas
  • marketing strategies
  • marketing plan
  • advice
  • brainstorming
  • planning
  • website design
  • website development
  • graphic design
  • coding
  • software
  • animated video
  • services

Mikkomi will receive, for consideration, monetary fees for services rendered and products delivered.

Agreement to be Billed

Mikkomi offers services and products for fees. When any work is requested, whether it is design, coding, brainstorming, discussions (in person and on telephone), writing, research, preliminary, planning, meetings, or any other time invested in the Client’s company that is not purely administrative in nature, can and will be billed at the current hourly rate, or at a previously agreed upon rate. The Client is responsible to pay these fees as they come due. When no estimate or price was prepared before work begins, all services will be billed at the current hourly rate, in fifteen minute increments, rounded up. The minimum billable time on a per-day basis is one hour. Short conversations in person or on the phone may be complimentary, however, at the sole discretion of Mikkomi, Client may be billed for these calls. If there is a price agreement before work begins, that agreement will be a minimum estimated price of that project. Any approval of pricing, including verbal approval, approval through invoicing or accounting systems, and approval via email, shall be valid and legally binding.

Severance

Client and Mikkomi may sever this agreement at any time, upon 30 days written notice to the other party. Severing this agreement means no future projects will be governed by these terms and conditions. Under no circumstances or conditions does ending this agreement change the validity and applicability of the terms discussed herein from any project or work that was started or completed during the applicable dates of this agreement. If the Client severs this agreement in the midst of an ongoing project, cancelation or postponement fees may become due, or by request work on that project can continue until the project is completed under all terms and conditions detailed herein, at which point the relationship will be severed. If Mikkomi severs this agreement during a project, the Mikkomi may either end the project immediately, returning any unused portion of payments, or the Mikkomi may see the project through to completion and sever the working relationship after said project. Severing this agreement causes the relationship to end with no further requirements; HOWEVER, in no way does severing this agreement end the applicability of the ongoing responsibilities and duties discussed herein.

Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

Jurisdiction

Jurisdiction will be ONLY the State of Ohio in the United States of America, in Cuyahoga County. Where documents conflict as to the jurisdiction, Ohio shall prevail.

Dispute Resolution

All disputes MUST be submitted to an arbitrator, according to the rules of the American Arbitration Association, or according to the applicable rules of Halacha (Jewish Torah Law). The arbitrator’s decision will be valid, final and legally binding, upheld in any court of law. Failure to appear for the arbitration or causing an undue delay to attend arbitration (greater than 60 days) constitutes a default judgement against the party neglecting to show or schedule, unless it is due to some reasonable and unavoidable circumstance. An attorney may appear at an arbitration in proxy for either party, and video conferencing is acceptable and considered attendance, as long as it is within the boundaries of the rules of the American Arbitration Association or Halacha and agreeable to the arbitrator. If the decision is decided in favor of Mikkomi, Client agrees to be liable for all arbitration fees, court costs, and attorney’s fees.

Confidentiality

Parties to this agreement agree to reasonable confidentiality with all aspects of the project and/or information learned about the other company that is reasonably expected to be kept confidential. This does not apply to parts of the project that are designated to become public knowledge, HOWEVER a best effort will be maintained to keep these items confidential until such time as they are ready to be revealed to the public. Confidential information may be shared with employees, freelancers, consultants, advisers, legal counsel, accountants, and others, as Mikkomi may see fit to accomplish the project, receive payment, or to perform any actions in the Mikkomi’s best business interests.

Right of Refusal

Mikkomi reserves the right to refuse service for any projects that it deems obscene or offensive, including but not limited to pornographic materials. This refusal is solely up to the discretion of Mikkomi. Client expressly waive all rights to dispute a refusal by Mikkomi, no matter the reason.

Employees

In order to best serve the Client, Mikkomi makes substantial investments of money and time to recruit, train and retain technical and creative staff. The Client acknowledges that hiring any of Mikkomi’s staff, whether for small side projects or as an employee, would cause Mikkomi to suffer losses and incur expenses in connection with the recruitment and training of replacement employees and/or freelancers. These losses and expenses are not possible to quantify. The Client accordingly agrees that in the event it offers employment or side projects to any employee or freelancer of Mikkomi, while this person is offering services to Mikkomi or within 180 days of termination of offering services, a sum equal to 400 hours at the current hourly rate will be paid to Mikkomi, unless a different agreement is reached, in writing, signed and notarized by an agent for each Mikkomi and the Client. This payment is not due as a penalty but as liquidated damages. The Client agrees that such payment is fair and reasonable under such circumstances. This payment obligation shall survive the termination or cancelation of this agreement. Mikkomi agrees to not hire, recruit or assist in placing any employee of the Client during the term of this agreement and for 180 days following the termination, cancelation or completion of this agreement, unless specific instructions in writing are given.

Limitation of Liability

CLIENT SHALL NOT HOLD Mikkomi OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM FAILURE TO PERFORM ANY ASPECT OF THE PROJECT IN A TIMELY MANNER, WHETHER DUE TO NEGLIGENT ACTS OR OMISSIONS OF Mikkomi, THIRD PARTIES, OR CLIENT. FURTHERMORE, CLIENT SHALL NOT HOLD Mikkomi OR ANY SUBSIDIARY, PARENT COMPANY OR AGENT THEREOF LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE FROM ANY ASPECT OF THIS PROJECT WHATSOEVER, WHETHER REASONABLY FORESEEABLE OR NOT, INCLUDING CIRCUMSTANCES BEYOND THE CONTROL OF Mikkomi. Mikkomi DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. IN NO EVENT SHALL LIABILITY OF Mikkomi EXCEED THE SUM OF FEES RECEIVED FROM THE PROJECT AT ISSUE.

Obtaining Legal Counsel

Certain policies and/or terms and/or disclaimers and/or statements may be published on a website or in a document or in a deliverable as a matter of course during the development of a project. These statements MUST be evaluated by legal counsel to be considered valid legal statements – Mikkomi places this information there as a placeholder and informally, with the understanding that the Client will have a proper legal opinion created to determine what to publish here. Client should also read through any policies or disclaimers published on their behalf to verify that these are in alignment with the Client’s business actions and goals.


Payment

Estimate Only

Price given before work starts are minimum estimates only, and are only valid for 30 days from the date submitted. At times, the scope of the work is not fully clear before the project begins, or the specifications change in order to deliver the best final product possible when confronted with new information. As such, the price may increase from the original estimate. While this does not generally happen, in an effort to keep projects moving smoothly and progressing quickly, the estimated price may increase up to an additional 25% of the originally estimated amount without further approval on my part; however, if the final price is to be greater than the original price plus an additional 25%, Client will be alerted to this and my approval will be necessary to continue working on the project. My approval, verbal or otherwise, will be valid and legally binding. If additional work is necessary or requested, or if specifications change mid-project, the total price will likely change.

Payment Terms

Individual payment schedules are usually agreed to along with the fixed price. Hourly or smaller projects may be billed up-front or with a deposit made before work begins; refer to the project notes. If no terms were specified, a deposit of 50% is due, with the remainder due upon completion of the project but before delivery. Invoices are due immediately, with a ten day grace period, unless Client has requested credit and been approved by the Mikkomi (not available until at least one year of a working relationship exists). A late fee of $50 is due and may be applied to the invoice on the 15th day after being issued. Additional late fees are assessed every 30 days thereafter. Client will be responsible for, and pay, all collection fees or legal fees necessitated by default in payment. No rights to any deliverable are transferred until the balance is paid in full, and a usable version of deliverables may not be delivered until any balance is paid in full. If the Client hosts their own website, and it was developed by Mikkomi, the Client hereby gives Mikkomi explicit permission to go onto the server and take the website offline until any balance is paid in full. Launching the site after Mikkomi pulls it down, without consent and while still owing a balance, will incur penalty fees of an additional 70% of the total project price, due immediately. Client forfeits all rights to request a chargeback or dispute a credit card charge with my credit card company.

Refund Policy

Mikkomi operates under a fee-for-service model. Payments made are either for services agreed upon previously and committed to purchasing or for services previously rendered. Therefore, Mikkomi does not offer refunds. On occasion, completely at Mikkomi’s discretion, within 3 days of agreeing to a project, a project may be canceled and refunded, as long as no work has begun. Payments made can sometimes be applied to future work, usually only if project was not canceled or postponed.

Rush Fees

If a rush fee was added to the original price of a project, once the project starts the rush fee is due regardless of outcome.

Cancelation or Postponement

If this agreement is canceled or postponed, 30-100% of the total project cost will be due, based on the amount of work done and expenses incurred, at the sole judgement of Mikkomi. If requested, and a prepaid payment is made to Mikkomi for the time estimated to be spent with the consultant, Mikkomi will meet with a licensed lawyer or accountant in good standing with no board complaints and review where fees were applied and why (only if more than the minimum cancelation fee of 30% was due). Postponed is defined as more than 21 days passing without receiving feedback from the Client, except during holidays or during scheduled vacation time. If the project is canceled or postponed, all monies already paid are forfeit and no further work will be performed whatsoever until a new agreement is reached. Licenses to use any materials are contingent upon explicit written permission from Mikkomi (to verify payments are complete and terms are followed). A new price and agreement will be necessary to continue work on the project.

Expenses

The Client is liable for all expenses arising from any projects, at the current price charged by Mikkomi, including the payment of any sales tax due on expenses or on said project. Typically this price is cost + 20%, or for stock photography, the regular retail price or the regular retail price for a comparable pack of credits. In some cases an expense may be billed directly to the client, payable via credit card or check. If an advance for expenses is requested, Client will pay the advance in full before the expenses are incurred. Projects may be delayed by a delay in payment for expense advances. Expense payments follow the same terms as regular invoice payments.


Project

Project Coordinator

Client will designate one person to act as project director or to have final say, to accept and approve materials and facilitate communication. In no event will Mikkomi accept change requests from anyone except for this client side Project Coordinator. On each proposal is a main contact person; this person is by default the client side Project Coordinator. Client may request to change the client side Project Coordinator via email or in writing, with 3 days notice. Client side Project Coordinator can request corrections and changes through either the Creative Director or the company side Project Coordinator, if applicable. To avoid confusion, change requests and corrections MUST NOT be submitted directly to any designers or programmers; the confusion caused by submitting change requests to the wrong person may cause billing to rise above and beyond the initial quote.

Warranty of Originality / Consent to Use

To Mikkomi’s best knowledge, all deliverables are original and unpublished, or the proper licenses and releases have been obtained, on a limited or unlimited basis. To Mikkomi’s best knowledge, deliverables do not contain any scandalous, libelous, or unlawful matter.

To the client’s best knowledge, all materials provided to Mikkomi for use in any project are originals produced by the client or have all the necessary and proper licenses and permissions. In addition, materials presented by client for inclusion are certified to not contain any scandalous, libelous, or unlawful matter. CLIENT EXPLICITLY INDEMNIFIES AND HOLDS Mikkomi HARMLESS AGAINST ANY AND ALL CLAIMS, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, FOR MATERIALS INCLUDED AT CLIENT’S REQUEST OR FOR MATERIALS THAT EXCEED MAXIMUM ALLOWABLE USAGE WITHOUT EXTENDING THE LICENSING PROVISIONS. CLIENT ALSO INDEMNIFIES AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, DUE TO USES FOR WHICH NO RELEASE WAS REQUESTED IN WRITING OR FOR USES THAT EXCEED AUTHORITY GRANTED BY A RELEASE. FURTHERMORE, IF Mikkomi INCURS ANY DIRECT OR INCIDENTAL EXPENSES OR FEES DUE TO INCLUSION OF MATERIALS AT CLIENT’S REQUEST, CLIENT AGREES TO REIMBURSE Mikkomi.

Timely Delivery of Materials

Necessary source materials must be delivered in a timely manner. For materials not delivered in a timely manner, Mikkomi reserves the right to stop all work on the project until materials are received. The project may be subject to a cancellation or postponement fee if more than 3 weeks go by without communication.

Source Materials

Source materials will be either destroyed or filed with client’s files, unless specifically requested for the source materials to be returned. This may incur an expense reimbursement to ship the source materials back to the client. No source materials will be returned until final payment is received.

Periodic Updates

Mikkomi will contact or meet with the Client periodically, by phone, email, in person or via telecommunications, to update the Client on all tasks complete, problems encountered and any recommended changes to the project at hand.

Testing and Proofreading

CLIENT IS RESPONSIBLE TO PROOFREAD AND/OR TEST ALL MATERIALS. WE WILL MAKE A GOOD-FAITH EFFORT TO CHECK SPELLING AND GRAMMAR CLOSELY, BUT ULTIMATELY THE RESPONSIBILITY IS THE CLIENT’S. UPON APPROVAL FROM THE CLIENT, INCLUDING VERBAL APPROVAL, WE MAY PLACE ORDERS FOR PRINTED MATERIALS OR SUBMIT ADS FOR PRINTING OR LAUNCH A WEBSITE; THESE PRINTED MATERIALS MAY INCLUDE TYPOGRAPHICAL ERRORS, CONTENT ERRORS, CONTACT INFORMATION ERRORS, OR GRAMMATICAL ERRORS, UNLESS CLIENT CATCHES THEM BEFORE PRINTING OR PUBLISHING. THE CLIENT WILL STILL BE RESPONSIBLE TO BOTH PAY FOR THE ARTWORK AND CONCEPTS, AS WELL AS ALL PRINTING/ADVERTISING COSTS ASSOCIATED WITH THE ERROR, AS WELL AS ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.

Correction requests for any errors will be made in a timely manner. If more than 10 business days lapse without receiving correction requests, the project will be considered complete for all intents and purposes. Most errors will be fixed free of charge, however, at times, error corrections after the project is considered complete or if the error is the fault of the Client will be billed.

Scope of Work

If the Client changes the scope of the work, by either requesting additional work, or by changing specifications, or by making changes to logos or wording after the project has started or after approval was received, or requesting additional sizes not specified at the beginning of the project, or by any change that deviates in the slightest from the initial project details, the Client may incur additional charges. Slight changes in wording during the course of the project are normal and within the scope of work. Changes to the company name after a logo or identity project has started will incur additional charges. These additional charges may not always be detailed during the project to keep things moving smoothly, and may only come up at the end of the project.


Ownership

General License

Mikkomi retains the ownership rights to all original art, film, animation, video, drawing, icon, logo, code and design work created or compiled for the Client (an additional license can be purchased for Mikkomi to relinquish these rights). Furthermore, the Client waives his/her right to challenge the validity of Mikkomi’s ownership of the media subject to this agreement because of any change or evolution of the law. The Client receives a semi-exclusive, limited license to all work product produced under this agreement, except for copywriting/content or branding/driving force work written up for the Client, in which case the license is an unlimited, semi-exclusive license, to do with the final copywriting what they will to produce the best SEO (Search Engine Optimization) and/or marketing results. This license in totality is dependent on the existing licenses for any and all stock artwork or photography used in the project. When it is easily foreseeable, Mikkomi will make the Client aware of potential issues and deal with potential licensing issues by purchasing additional rights on behalf of the Client. A semi-exclusive license here means that Mikkomi retains ownership and reserves the right to re-use small individual portions of the project in other relevant projects, so long as the other project is in an unrelated industry or is geographically separate (generally greater than 50 miles apart), unless a nationwide license has been purchased. A limited license here means both that the artwork may only be used for the medium it was designed (i.e. artwork in a brochure can not be used as artwork for an advertisement without an additional license fee) and that there is a limitation of reproducing any physical piece; the Client must not reproduce the finished piece more than 500,000 times. At the point that the client wishes to reproduce the finished deliverable in excess of 500,000 times, a new expanded license must be obtained. Transfer of ANY license is contingent upon payment in full. Websites and art and design for websites are restricted to the internet, and the artwork or design may only be displayed on one domain name at a time. Forwarding domain names is allowed.

Copyright Notice

For a better outward appearance of the client, copyright notices included on the final deliverable, if applicable, and copyright notices placed on websites, will all be placed in the name of the Client’s company. This does not affect the actual ownership of the materials pursuant to all stipulations herein.

Copyright and/or Trademark Infringement

It is the Client’s right to bring suit against another company or person for copying logo or design work completed for the Client. If the Client chooses to bring suit, it is the Client’s complete and sole responsibility. Transference of this right to the Client is not a relinquishment of Mikkomi’s right. In order to register design pieces with the United States Copyright Office, the Client can pay Mikkomi a set per-copyright fee of 1.5 billable hours to cover the costs incurred to register such pieces. If the Client will be registering the final files, the Client understands that it is best to do so within 90 days of creation and that Mikkomi must be named as the creator and copyright holder. If the Client wishes to apply for a trademark, which the Client will own pursuant to licenses and restrictions already stated, the Client shall be fully responsible, financially, legally and otherwise, for the entire trademark application process.

Additional Rights

All rights not expressly granted to the Client are retained by Mikkomi, including any electronic rights to usage and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use in addition to the use expressly granted requires arrangement for payment of a separate fee.

Additional Use

Any electronic alteration of original art or design (including but not limited to color shift, mirroring, flopping, combination cut and past, deletion, etc.) and/or creating additional art either at different sizes or different dimensions, or based on or conceptualized from the original artwork, is prohibited without the express permission of Mikkomi. Mikkomi shall be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.

Third Party Licenses

Some elements of the design, writing, code, photography, artwork, clips, sound, or other media may be licensed by Mikkomi from other companies or persons, in which case I receive a license to these elements, subject to the permissions in the license owed by Mikkomi. Mikkomi retains ownership of the artwork, design, code, writing and other media, or ownership to the license granted by a third party.

Byline and Portfolio

Mikkomi reserves the right to display a byline or credit line, suitable to the design of the media, on all media developed for the Client. An additional 50% of the fee for the deliverable will be due for failure to include the byline or for future deletion, when Mikkomi chose to include this line. In pieces where there is artwork, the right to place a byline is independent of the artist’s signature, which will be included at the artist’s discretion unless otherwise agreed to in writing. Samples of printed media will be made available to Mikkomi upon request, unless a new printing must be completed to deliver the samples. Samples and photos of materials produced may be displayed in a portfolio, online or otherwise, for Mikkomi. The Client may request, for an additional 100% fee, to remove all items from any portfolio.


Files

Delivery of Files

Final files for website projects will be posted to a Mikkomi server during development. Once files and website is approved, files will be launched onto server of strategic partner. For a service fee of one billable half hour, Mikkomi will write files onto a free CD/DVD or free flash drive and deliver the files in this way.

 

File Warranty and Storage

Mikkomi will put forth an effort to retain site, logo, design and other files for at least one year after the completion of each project, or make these files available to the client for download. Making these files available for download for at least one week, with a notice sent to the client, shall be considered fulfilling this aspect of the agreement in full. In the event that Mikkomi is still holding project files, Mikkomi agrees to restore the original version of a website to the Internet during the warranty period of one year after completion of the website at no cost to the Client. Such assistance shall include uploading the site (as the site was at time of completion, or to the latest backup available) to a server already set up with Mikkomi (new servers will require a new server-setup fee). Additionally, for a service fee of one billable hour, Mikkomi will write the site and/or design files to a free CD/DVD or free flash drive and send the files to me at any time. Any assistance in excess of this will be billed hourly. Reparation of changes or modifications done by other parties will be billable hourly. However, if unavoidable circumstances cause Mikkomi to lose the design files, Mikkomi will not be held liable for the files.


Specifics

Website Design and Development

A large part of the website design and development services offered by Mikkomi is laying out the pages of the website. When there are more words and content to lay out, it takes more time. Laying out any pages in excess of 500 words per page will result in additional layout charges of 1.5 hours at the current billable hourly rate, per additional 500 words. IMPORTANT: Restaurant menus are complex to lay out. Generally more than 15 items displayed per page would incur extra fees. Please send details about your restaurant menu for an accurate estimate.

Clients may request to receive a one-page website, where all sections are displayed on one page but it appears to be multiple pages. Each section will be considered one page, for the purpose of estimating and for the purpose of this agreement.

Delivered website and claims made on website are the publisher’s responsibility and liability – Mikkomi is not responsible nor liable for any claims or offers available on websites created by Mikkomi. This responsibility and liability is the company or individual that ordered the website.

Revision Rounds for Websites

To save time, websites will launch after 5-7 days of being ready, unless requested otherwise. Every website includes 2 revision rounds. After the initial website is ready, the Client has 14 days to submit a list of corrections and revisions to make, separated by page. Mikkomi will apply these revisions and inform the client. Client then has 14 days to submit a list of further corrections and revisions. Client may request to launch the website before revisions are complete, and Mikkomi will still handle revision requests. Additional rounds of revisions, or revisions submitted past the 14 day deadline, are billable hourly at the current hourly rate. No revisions are due starting 30 days after the launch request.

Copywriting and Editing

Copywriting services as a part of a website include up to 350 words per page and are not cumulative; i.e. if one page uses 250 words it DOES NOT free up 100 words for another page. Additional bundles of 350 words on a per-page basis will be charged for 1 hours per each page at the current billable hourly rate. Copywriting services are also very explicitly a light version of copywriting – for extremely close and careful attention to every finer detail, retain the services of a copywriter.

Clarifying Company Statements

When Mikkomi is producing copywriting for the Client, THE BURDEN OF CLARIFYING STATEMENTS, VERIFYING THAT ALL STATEMENTS ARE CORRECT AND WITHIN THE LEGAL BOUNDARIES OF WHAT YOU CAN SAY, REVIEWING CONTENT TO VERIFY THAT IT IS TRUTHFUL AND ETHICAL TO PRINT/PUBLISH, AND ALL OTHER RELATED ACTIVITIES ARE EXPLICITLY THE CLIENT’S. IN NO WAY WILL THE AGENCY BE LIABLE FOR MISTAKES DUE TO CLIENT’S OVERSIGHT. COPYEDITING SERVICES AND COPYWRITING SERVICES ARE NOT MEANT IN ANY WAY TO IMPLY THAT THE SERVICES WILL ACTUALLY SELL ANY PRODUCT OR SERVICE; EVERY MARKET IS VOLATILE WITH MULTIPLE CONDITIONS AFFECTING IT AT ANY TIME.

Marketing

Marketing advice, solutions, plans and consulting are all presented to the Client as suggestions. Ultimately, the choice of what to do and the responsibility of those choices belongs to the Client; this is in part due to the tremendous number of factors affecting any business, such as customer service, attitude, financing, etc. COMMON SENSE AND FISCAL RESPONSIBILITY ARE ALWAYS IMPORTANT ASPECTS OF ANY MARKETING PLAN. See above, in the limitation of liability, where THE AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AND THE FITNESS FOR A PARTICULAR USE.

Stock Photography and Artwork

Each website includes up to 3 images per page. This is not cumulative, in other words, failure to put all 3 images on one page DOES NOT free up extra images for other pages. Additional images needed will be billed as specified in the section on Expenses.

Security Services

Every website is secured using specialized software, however, there are never any guarantees about security. A good policy to maintain good security is to always assume the worst and always protect everywhere you can. Maintaining strong passwords and not sharing the passwords is a good first step. Our strategic partner will usually fix any hacked website as part of the regular Software Maintenance Plan, restoring the last clean and available backup. FAILURE TO NOTIFY OUR PARTNER ABOUT ANY ISSUES MAY CAUSE THE ABILITY TO RESTORE FROM A BACKUP TO BE LOST, AND FIXING SAID WEBSITE WILL RESULT IN BILLABLE TIME AT OUR CURRENT BILLABLE HOURLY RATE. ANY WEBSITE HACKING HAPPENING AS A RESULT OF A WEAK PASSWORD, OR VULNERABILITIES DETERMINED TO BE INTRODUCED BY THE CLIENT, WILL BE BILLED HOURLY AT OUR CURRENT BILLABLE HOURLY RATE TO FIX.

Moving a Website

Mikkomi has an arrangement with a website hosting and WordPress maintenance company who maintains state of the art solid state servers with lightning fast resources. As a part of its services, Mikkomi moves websites that are launching onto these servers for launch, free of charge. If the Client wishes to change hosts, the website hosting/maintenance company OR Mikkomi can move the site to the new host for a fixed fee equal to 4 billable hours. Alternatively, the Client can take the website files and move them to a host of their choice free of charge. Mikkomi no longer registers domain names for clients.

Search Engine Optimization (SEO)

Mikkomi makes every best effort to produce the best possible results when performing Search Engine Optimization. HOWEVER, there are NEVER any guarantees that any activities will result in better search engine performance. Mikkomi performs numerous services in the overall effort of creating a more substantial search engine presence. These activities both take time to produce results (sometimes years) and also may simply not be enough if there is too much competition. See above, the disclaimer of all warranties, express and implied. AGAIN: THERE CAN NEVER BE ANY GUARANTEES THAT SEO WILL PRODUCE THE DESIRED RESULTS.

Copywriting

When Mikkomi is producing copywriting for the Client, THE BURDEN OF CLARIFYING STATEMENTS, VERIFYING THAT ALL STATEMENTS ARE CORRECT AND WITHIN THE LEGAL BOUNDARIES OF WHAT YOU CAN SAY, REVIEWING CONTENT TO VERIFY THAT IT IS TRUTHFUL AND ETHICAL TO PRINT/PUBLISH, AND ALL OTHER RELATED ACTIVITIES ARE EXPLICITLY THE CLIENT’S. IN NO WAY WILL Mikkomi BE LIABLE FOR MISTAKES DUE TO CLIENT’S OVERSIGHT. COPYEDITING SERVICES AND COPYWRITING SERVICES ARE NOT MEANT IN ANY WAY TO IMPLY THAT THE SERVICES WILL ACTUALLY SELL ANY PRODUCT OR SERVICE; EVERY MARKET IS VOLATILE WITH MULTIPLE CONDITIONS AFFECTING IT AT ANY TIME.

Marketing

Marketing advice, solutions, plans and consulting are all presented to the Client as suggestions. Ultimately, the choice of what to do and the responsibility of those choices belongs to the Client; this is in part due to the tremendous number of factors affecting any business, such as customer service, attitude, financing, etc. COMMON SENSE AND FISCAL RESPONSIBILITY ARE ALWAYS IMPORTANT ASPECTS OF ANY MARKETING PLAN. See above, in the limitation of liability, where Mikkomi DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AND THE FITNESS FOR A PARTICULAR USE.

Software Maintenance and Hosting

Every website produced by Mikkomi is automatically loaded on to our strategic partner’s server and enrolled in their Software Maintenance plan, which can be canceled at any time. Please refer to our strategic partner’s documentation for the full terms and services. There may be a monetary relationship between Mikkomi and our strategic partner who offers hosting and software maintenance. Our strategic partner may determine (at their discretion) to host the website elsewhere and not perform software maintenance at any point by informing the client and helping transfer the files (client will NOT have to pay fee if moving site due to partner’s request). Software Maintenance usually includes keeping the website software and the server up to date, as well as daily security monitoring, premium security software, daily backups to multiple locations for hosted websites, spam protection and malware scans. Please refer to partner’s terms and offerings for more details. Software maintenance does NOT include any additional pages or content development on the website.

Google Analytics, Search Console and Other Tracking

Mikkomi will input code for Google Analytics on websites we work with. For other tracking codes, please request from our strategic partner post launch. HOWEVER, MIKKOMI LIMITS ALL LIABILITY IF THE CODE DOESN’T WORK; THERE ARE TOO MANY VARIABLES TO WARRANTY THAT THE CODE WILL WORK. IN ADDITION, THERE IS NO RECOURSE TO GAIN LOST INFORMATION IF THE CODE WAS NOT WORKING FOR A PERIOD OF TIME.

Other Terms May Apply

Review the proposal or letter of agreement, if applicable, where the scope of work is outlined and additional terms may be detailed.


Acceptance of Terms

As stated at the beginning of this document, signing or accepting any letter of agreement, proposal, quote or email signifies acceptance and agreement of all the terms herein. In addition, making a payment on an invoice signifies acceptance and agreement of these terms as well, as stated on the invoice.

Terms and Conditions was last modified: December 21st, 2017 by Web Staff