Terms & Conditions

  1. The unsigned offer in this proposal will remain valid until the expiry date indicated on the front page of this proposal. After this period, this offer becomes null and void. A new offer may be requested, and may reflect any changes in pricing and availability.
  2. WEBSITE/APP/BRANDING: Upon execution of this agreement, all parties acknowledge that Siva has a no cancellation / refund policy due to the scope and nature of work associated with website development, save and except for quality control provisions. Siva guarantees that the quality of our work meets professional industry standards, save for subjective bias. In the event that an active project is terminated by the client, the balance of the contract becomes immediately due and payable. Any outstanding invoices must also be paid.
  3. B/LMS SUBSCRIPTIONS: Marketing and/or Business / Learning Management System contracts represent a minimum annual subscription, paid in monthly installments. Strategy may dictate that deliverables change over the course of the engagement, as appropriate. In order for an active subscription to be terminated by the client, the client agrees to give two (2) full calendar months’ written notice via Siva’s online cancellation form. Additionally, any outstanding invoices must immediately be paid in full. At end of term, subscriptions automatically convert to month-to-month engagement, with two (2) month’s notice to terminate, as  above. Annual Hosting Required for Business / Learning Management System subscriptions.
  4. MARKETING: Unless otherwise stated, marketing contracts represent a 12 month subscription. In order for an active subscription to be terminated by the client, the client agrees to give two (2) full calendar months’ written notice via Siva’s online cancellation form. Additionally, any outstanding invoices must immediately be paid in full. At end of term, subscriptions automatically convert to month-to-month engagement, with two (2) month’s notice to terminate, as above..
  5. WEBSITE & MARKETING BUNDLE: In addition to the above Marketing terms; in the event a bundle subscription is terminated, prior to end of contract term, the balance of the full face-value of the website or additional work shall become immediately due and payable. Annual Hosting Required. (Listed website price is buyout price, if applicable.)
  6. TECHNOLOGY MANAGEMENT FEE: Periodic software updates, robust security measures, malware scans, threat detection, responsive design maintenance, backup and recovery.
  7. REVISIONS: Clients may submit a single list of revisions at both the site design and site development presentation stages only, by way of Siva’s online revision form. Revisions to site design, layout, and mapping are not accepted once development has commenced. Change requests received after milestone sign-offs will be considered Out of Scope.
  8. THIRD PARTY FEES AND SUBSCRIPTIONS: May apply, including but not limited to; hosting, subscriptions, proprietary licenses, specialized integrations. In all cases and at all times, said fees are the direct responsibility of the client and shall be direct billed. SIVA shall not be responsible for interruption of performance in the event of non-payment or third party error.
  9. If work arises that is OUT OF SCOPE from the proposal, we will provide a quote for you to review and approve with an authorized signature before we commence additional work. This work will be invoiced separately from the payment schedule. Please note that 30 days notice may be required when requesting a service level increase, in order to schedule and accommodate production capacity.
  10. Client shall appoint a single signatory and decision maker for any and all communication and milestone approvals.
  11. ORIGINAL CONTENT: Unless quoted separately, due to the unique nature of each client’s business, Siva does not author original site content or provide custom photo/video content. Client is solely responsible for the accuracy, authenticity, and ownership of all published content.
  12. CLIENT RESPONSIBILITIES: Shall provide all relevant, original, subject matter-specific site content, including copy, text and imagery. Note: Client delay in providing necessary information, materials, or approvals, will result in a day-for-day extension of the project’s final deadline and the project may be placed on hold or rescheduled accordingly.
  13. TRIBE MARKETING PROGRAM: Client acknowledges and accepts sole responsibility for attendance, participation, and delivery of audio/video recorded podcast content, by the deadline, as set by Client and Siva. Client acknowledges that late submission or failure to deliver recorded content will result in client forfeiting that month’s marketing allotment. Siva will, at it’s sole discretion, attempt to provide alternate content for that period, at no cost, detriment or penalty to Siva.
  14. Declined credit card payment will result in instant work stoppage until rectified. Reasonable effort will be made by Siva Inc. to request payment to avoid unnecessary delays.
  15. The purchase of STOCK IMAGES for use in designs will be charged in addition to this proposal; before purchasing any stock images, we will inform you of the image(s) and price and await your agreement.
  16. All work delivered to the client is considered accepted unless the client notifies Siva to the contrary within 5 business days.
  17. Each client will receive a link to a Google drive that contains delivered digital work available for download within 30 days of receiving the link. After 30 days the link will expire and the files will no longer be available for download.
  18. Projects that we deem to have been “ON HOLD” for more than 3 months are subject, at our sole discretion, to cancellation.
  19. All grants of any license to use or TRANSFER OWNERSHIP of any intellectual property rights under the agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any other charges.
  20. The client must pay for all services within the full length of their contract and by signing this, the client acknowledges and accepts the terms and conditions contained herein.
  21. Siva reserves the exclusive and irrevocable right to retain, display, and present all content created and/or developed by Siva, in full or in part, for the purpose of internal and/or external marketing, at Siva’s sole discretion.
  22. All work is subject to tax, unless otherwise acknowledged as Tax Exempt.

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