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Executive Website Terms and Conditions

These are the terms and conditions (the “Agreement”) between you (the “Client”) and threeSixteen related to the Executive Website Package. This Agreement becomes effective (the “Effective Date”) upon payment of the Setup Fee via electronic invoice emailed to Client. Client’s rights and obligations under this Agreement may not be transferred or assigned without prior written consent of threeSixteen.

1. Services provided by threeSixteen

Under this agreement, threeSixteen will develop a website (the “Website”) derived from a template chosen by Client from our collection of templates, containing information provided by Client. Information may include copy (text), photos, charts or other graphic images. threeSixteen will arrange for hosting of Website on a server accessible through the Internet. threeSixteen will acquire and assign to Website a domain name of Client’s choosing, subject to availability. threeSixteen will arrange for search engine advertising on Google™ search using the Google AdWords™ advertising program. threeSixteen will create advertisement copy and/or use advertisement copy provided by Client, as desired by Client. threeSixteen will specify advertising keywords and/or use keywords provided by Client, as desired by Client. threeSixteen will contribute $20 USD per month toward Client’s Google AdWords™ advertising campaign. threeSixteen will maintain the advertising campaign and, at its discretion, adjust advertisement copy, keywords and bid prices as appropriate to increase effectiveness of advertising campaign. Client hereby grants to threeSixteen and its subcontractors the necessary rights and licenses to carry out obligations under this Agreement.

2. Compensation Schedule

As compensation for services provided by threeSixteen, Client agrees to the following payment schedule:

  • Client will pay the Setup fee of $299 USD on the Effective Date. Client understands that this fee is refundable in full up to three days after Effective Date.
  • threeSixteen will notify Client via email of the date that Website will be publicly available via the Internet (the “Start of Service Date”). This notification will be provided one week prior to the Start of Service Date. Monthly fees will be due on the same day of each month (the “Monthly Payment Date”) and will begin on the Start of Service Date.
  • Client will pay the first monthly service fee of $99 USD on or before the Start of Service Date.
  • Client will pay each subsequent monthly service fee of $99 USD on or before the Monthly Payment Date. Client understands that the monthly service fees are not refundable.
  • A payment is considered late if received more than five days after the Monthly Payment Date. After the fifth day, a delinquent account is subject to temporary removal of Internet access to Website including email until full payment is received.
  • If payment is not received within thirty (30) days of the Monthly Payment Date, this agreement will be considered in breach and subject to the early termination fee.

3. Responsibilities of the Client

Client shall provide threeSixteen with all information needed for inclusion in Website within two weeks after Effective Date. This information may include:

  • Company name, logo, slogan, colors or any other company branding information
  • Information about products and/or services
  • Company contact information
  • Advertisement copy
  • Search keywords
  • Desired website template

Client represents to threeSixteen that:

  • Material provided by Client to threeSixteen does not infringe or violate any intellectual property including copyrights, trademarks, service marks, trade names, patents, or any other information that may violate any third party contracts or privacy agreements.
  • Information provided by Client to threeSixteen is accurate including, but not limited to, claims, guarantees, warranties and other website content.
  • Client is at least eighteen years of age.
  • Client will not use Website or related email and hosting services in a manner that will interfere with other network users or services including, but not limited to, distribution of viruses, trojans, worms, spyware or malware, denial of service (DoS) attacks, attempts to gain unauthorized access to other computers, bulk unsolicited email (spam) or attempts to disguise the identity of the Website or email in order to deceive users (phishing).

Client will have a one week testing period commencing one week prior to Start of Service to verify the content and functionality of Website. Any omissions, errors or defects will be corrected free of charge during this period. Correction of omissions, errors and defects found after this period may, at threeSixteen’s sole discretion, be subject to a service fee.

Client agrees to honor the terms and conditions of services provided by third party companies required in the servicing of this agreement, specifically Google AdWords™ and the selected hosting provider. These are available online and will be provided to Client prior to accepting this Agreement.

4. Term and Termination of Agreement

This Agreement is in effect as of the Effective Date and will remain in effect for one year following the Start of Service Date unless otherwise terminated by Client or by threeSixteen. Upon normal completion of the full term, this agreement will renew each month in one month increments at the then current monthly rate until terminated by Client or threeSixteen.

Client may terminate this agreement at any time. Client must notify threeSixteen in writing of their desire to terminate at least one day before the desired termination date. In the event of early termination, Client agrees to pay threeSixteen an early termination fee of one-half the monthly fee for the remainder of the term of the Agreement plus full payment for any outstanding unpaid balance owed prior to termination.

threeSixteen may terminate this Agreement prior to Start of Service if, after reviewing content provided by Client or consulting with Client, threeSixteen determines, in its sole discretion, that the content or nature of the Website is offensive, defamatory, obscene, violent, profane, promotes illegal behavior, violates personal or company privacy rights, or does not align with our values or code of ethics. In this case, threeSixteen will refund any fees paid by Client.

threeSixteen may suspend or terminate this Agreement and/or remove content from Website or take other appropriate action at any time during the term of this Agreement with or without prior notice if threeSixteen, in its sole discretion, determines that Client has failed to comply with this Agreement.

5. Rights and Ownership

All copy, images or other materials provided by Client for the purpose of inclusion into Website shall remain the property of Client. All copy and images created by threeSixteen specifically for Website shall become the property of Client on the Start of Service Date, provided Client is current in all payments. All coding including HTML and script developed for Website shall become the property of Client upon termination of the Agreement in accordance with Section 4. Such coding is limited to that developed specifically for Website and does not include proprietary software (“Software”) owned by threeSixteen. All such Software will be clearly marked as such in its source code. Client is hereby granted a non-exclusive license to use Software developed and owned by threeSixteen that is necessary for the Website to function as originally developed by threeSixteen. This license permits Client to use Software in whole or in part for any purpose and to create derivative works. Client may not sell or otherwise transfer this license or this Software to any third party without express written permission from threeSixteen.

6. Warranty

Services are provided on an “as-is” basis. threeSixteen's liability and Client’s exclusive remedy against threeSixteen for any failure of service or performance under this Agreement shall be limited to a refund of amounts paid to threeSixteen during the period of time that the service was interrupted or not provided properly. threeSixteen’s liability and Client’s exclusive remedy for errors, omissions or defects in the Website shall be the correction of such errors upon notice from Client. EXCEPT AS EXPRESSLY STATED HEREIN, CLIENT’S USE OF THE SERVICE IS AT ITS OWN RISK AND THREESIXTEEN DISCLAIMS ANY AND ALL WARRANTIES TO CLIENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THREESIXTEEN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

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