These terms and conditions constitute the complete and exclusive agreement between both STRYV Creative and you, hereby referred to as Client, at the onset of any project. Please review the terms and conditions below to understand and accept the associated level of investment and verify the right to commence work.
Our promises to you
Original work | Conflicts | Confidentiality
With the exception of any assets provided by the Client, STRYV promises: (a.) all work will be original and not copied (in whole or in part) from any other work; (b.) we own or have secured any third-party rights being transferred to the client under this Agreement; (c.) our work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity; (d.) these terms and conditions do not conflict with any other contract, agreement or understanding to which we are a party; and (e.) to hold and maintain in strict confidence any confidential information (i.e., proprietary technical or business information) that is shared — not disclosing any such information to third-parties except as may be required by a court or governmental authority.
Independent contractor
STRYV is an independent contractor and not the Client’s employee. While the Client will be consulted to provide overall project direction, STRYV will use its discretion to determine the best solution(s) to overcome the Client’s business challenge at-hand. The work that STRYV creates for the Client under these terms will not be deemed a “work-for-hire,” as this term is defined under U.S. Copyright Law.
Your promises to us
Owned rights
The Client promises: (a.) it owns the rights to use any assets provided throughout the duration of the project and (b.) using such content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. In doing so, the Client grants STRYV a nonexclusive, nontransferable license to use, reproduce, modify, display and publish any of these materials (including limited promotional uses) in connection to the completed work. The Client also agrees that these terms and conditions are legally binding and do not conflict with any previously signed contract(s), agreement(s) or understanding(s) to which it is a party.
Timely feedback
The Client agrees that STRYV may not release files, nor push any website live, without sharing final approval. Both comprehensive and timely feedback will be required from the Client at each phase in the process in order to adhere internally set deadlines. As the Client’s partner, STRYV will do its best to understand any requests by the Client and either make revisions or provide a point of view based on industry best practices. Throughout this process, the Client promises to not unreasonably withhold pertinent information or approvals at any stage in development.
Content parameters
The Client shall NOT be allowed to publish anything deemed by STRYV as “inappropriate,” otherwise defined as “any content that is pornographic, offensive or graphic in nature.” Any such violation will be considered cause for immediate contract termination.
Investment level overview
Custom software and integrations
Where a project includes custom software, an API integration, a data pipeline, or an application, the scope, deliverables, and investment are set out in a written proposal or statement of work, which is part of this agreement. Work that depends on a third-party service (for example a payment processor, a booking platform, or a data provider) is subject to that service's own terms, availability, and fees; STRYV is not responsible for changes those services make to their platforms or pricing. Ongoing operation of custom work (hosting, monitoring, updates, and support) is a separate, recurring service unless the proposal says otherwise. On full payment, the Client receives the rights to the custom code written for the project; STRYV keeps the right to reuse general techniques, tooling, and non-client-specific components.
Payment(s)
Payments can be made through QuickBooks Payments (credit card, ACH bank transfer, and other options), by PayPal, or by cash or check. Please make checks payable to “STRYV Creative”.
Hosting: An annual fee is to be paid by the Client upon any website launch. This cost is inclusive of any software/plugin support, maintenance and security. Unless the website is moved to a different hosting platform, this hosting cost will be renewed exactly one (1) year, and each corresponding year, after the initial launch.
Website: A one-time payment or twelve (12) equally divided monthly payments, is to be paid by the Client on or before launching any new website. This cost is inclusive of all industry research, development, design and testing time needed to complete the project.
Search Engine Marketing (SEO): A monthly payment is to be paid by the Client upon the launch of any SEO services. This cost is inclusive of the services provided in any SEO package that STRYV may offer.
Hourly Rate: If the Client requests that STRYV makes additions or revisions above-and-beyond the predetermined scope of work, the Client agrees to pay a supplemental fee at the rate of $100/hour until this work is completed. This costs will be in addition to the agreed upon total investment prescribed at the onset of any project. In doing so, the Client also understands that timelines may need to be revised in order to back out the necessary time to complete such work.
Additional Resources: If the Client requests that STRYV incorporates any third-party content (e.g., stock imagery) into approved design(s), the Client agrees to reimburse STRYV for the total licensing cost of this content to be used. By accepting these terms and conditions, the Client understands no final design will be acquired until this payment is made in full.