I. Initial Consultation and Analysis

1. A detailed initial consultation and analysis of the Client's company or organization including website needs, audience/prospective demographics, industry research, and initial consulting will be performed upon commencement of service. This process usually involves an initial website interview and several days of research.

2. At this time, the Designer and the Client will agree on all content to be provided by the Client in order to progress promptly with the work.

II. Commencement of Service

1. The website subscription begins on the day that the initial setup and first month's payment or yearly prepaid subscription is received by Firewind Productions. This date is hereafter referred to as the Subscription Date. By making such payment for their website subscription, Client expressly agrees to these terms of contract.

III. Design & Development Period

1. The Design & Development Period begins when at least 50% of the Website Design & Setup fee is received. During this period, the Client's website will be designed and developed, live proofing will proceed, Designer will train up to three persons to use Squarespace, any relevant domain names will be registered, any e-mail addresses you would like at your domain will be set up, and any external DNS programming will be completed. This process usually takes around fourteen (14) to twenty-eight (28) days and may be as little as seven (7) days, depending on the Designer's schedule and prompt receipt of content to be supplied by the Client.

2. In order to proceed in an efficient manner, Client agrees to provide all website content/information discussed during the initial consultation and analysis or any other content/information necessary for the website to the Designer within seven (7) days of commencement of service. The design and development period may be extended if content to be supplied by the Client is not provided in a timely manner or if proofing changes are not received promptly.

3. Comps & Proofing: 95% of all Firewind Productions' designs are approved within one or two proofs, however we will do as many proofs as are necessary to bring the website to your complete satisfaction before launch. During the Design & Development Period, Firewind Productions will provide up to three comps (rough ideas) and three live proofs from each comp (up to a total of nine proofing sessions) at no charge to you. Additional proofs as necessary will be available for $25/ea.

IV. Close of Design & Development Period

1. Website Approval. Written website approval will be obtained to mark the close of the Design & Development Period, when the website is designed to the Client's satisfaction. This written approval is required before the site can go live.

2. At this time Squarespace’s hosting service(s) will be enabled and Client shall be responsible for any hosting or other third-party fees agreed-upon in the Design & Development Period. The Client must provide a credit or debit card to Squarespace and/or other third parties for billing purposes. Please click here for current Squarespace hosting pricing.

V. Errors

1. Firewind Productions assumes no responsibility for errors. The Client shall be responsible for final proofreading on the assignment. Firewind Productions shall provide a final live proof upon completion of the site design and development period, which the Client must sign off on to indicate that the Client assumes full responsibility for any errors contained therein.

VI. WEBSITE SERVICE PLAN (SUBSCRIPTION) TERMS

1. Provision of Services. Designer agrees to provide Client with website hosting services, consisting of DNS (Domain Name System) setup, up to 2 GB of extra website server space external to Squarespace to be used as necessary; unlimited email addresses at your primary domain OR setup of Google Workspace (see VI.2 for details); domain name registration, and such additional services as may be provided by Designer from time to time which are necessary for the continued functionality of your website.

2. Website Support: Firewind Productions will be available for free phone/email/web tech support for the current website service subscription as needed for the website and any email addresses or other services hosted by Firewind Productions, for the life of Client's current website subscription. Client may place support tickets at FirewindProductions.com/support. Support services will be provided primarily during Designer’s public business hours (see website footer) unless an immediate need exists. An immediate need shall be defined as any interruption in service, time-sensitive changes and the like.

3. Website Training: Firewind Productions will be available for free website training for the current website service subscription as specified in website package details. Scheduled on-site one-on-one or group training for the website and any email addresses hosted by Firewind Productions will be available at no charge to clients in the Lewis-Clark Valley (within 15 miles of Firewind Productions) as specified in website package details. Additional personnel (beyond the scope of the selected package) will be billed on an hourly basis at the special client rate of $65/hour. For clients outside of the Lewis-Clark Valley, scheduled on-site training is available at no charge when our transportation costs are covered by the Client. For clients between 15 and 50 miles from Firewind Productions, mileage will be billed at a rate of $0.50/mile. For clients greater than 50 miles from Firewind Productions, the Designer will issue a quote for transportation costs. Please contact Jason Hackwith at 208-298-9083 for training session scheduling information.

4. Website Updates/Maintenance: At the close of the Design & Development Period, the Client shall assume all responsibility for posting content to their website. Firewind Productions will train the Client as specified in IV:3 to use all functions of the website and perform all other tasks necessary to maintain the working order and security of the website, including setting up e-mail addresses at the client's domain, performing security upgrades, backing up files and data, and performing tasks that the Client is unable to do themselves even with training.

5. Additional Design Work/Special Client Rate with Service Plan: After the site has gone live, additional design services requested by the Client will be available at Firewind Productions' special partner rate of $65/hr, a savings of about 24% from normal rates. Other packages may also be available at discounted rates.

VII. Optional Upgrades/Subscription Modifications

1. RUSH. The Client may choose to place an optional RUSH on the consulting, design & development schedule for guaranteed website design, development and launch within ten (10) business days of the receipt of all materials necessary for the website to be supplied by the client. This optional service is available for a nonrefundable charge of $1000, to be paid upon commencement of services. Rush processing availability depends on the Designer's schedule and is determined solely by Firewind Productions.

2. EMAIL. The Client may choose either unlimited email addresses located at their domain as outlined in this agreement OR setup of Google Workspace. Google Workspace gives you access to business versions of Google Meet, Chat, Drive, Docs, Sheets, and more at your domain, ad-free; flexible, helpful business collaboration solutions for all the ways you work. If you choose Google Workspace you will incur a one-time setup charge of $50, plus Workspace requires payment to Google for a separate fee. See current features and pricing for details at workspace.google.com/pricing.

3. REFRESH. Custom Website Refreshes and Redesigns (for the current website subscription only) are available at any time after the close of the Design & Development period for a one-time charge of $499 each. When a website refresh or redesign is requested, the website subscription enters another Design & Development Period and such terms apply (see Section III).

4. SERVICE UPGRADES. At any time during the subscription period, the Client can choose to upgrade to another of Firewind Productions' website service packages. The yearly or monthly subscription fee for the new plan will be discounted depending on the length of time that has progressed during the Client's initial plan. This prorated discount will be determined by dividing the Client's initial yearly or monthly subscription fee by the number of days in the period to determine the daily rate, then multiplying the daily rate by the number of days which have progressed on the Client's initial plan. Upon upgrade to a new plan, the Client's subscription date will be changed to the date of the upgrade, and the Client's contract will be renewed for an additional 12 months, beginning on the new subscription date.

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VIII. SERVICE PLAN CONTRACT/Financial Arrangements/Termination

1. Client agrees to a twelve (12) month contract beginning upon commencement of service. This twelve (12) month contract begins on the date that initial payment is received (Subscription Date).

2. Client’s subscription rate agreed to upon commencement of service shall not increase for the life of their current subscription. In the event of subscription cancellation, termination, or if the Client switches to a different website package, the initial rate may no longer be available.

3. At the end of the contract term, the contract will automatically renew for a successive twelve (12) month period, indefinitely unless contract is terminated by giving the other party 30 days written notice. Firewind Productions will also accept termination by electronic mail.

4. Client may elect to receive annual or monthly billing. The monthly rate available will always be about ten percent (10%) of the yearly rate. In other words, by prepaying for the year, the Client receives approximately two months free.

5. If annual billing is chosen, the Client agrees to prepay for the twelve (12) month contract to receive an agreed-upon discounted rate, and will not be billed again for the website subscription until one year from the Subscription Date.

6. If monthly billing is chosen, Client agrees to make prompt payments by the fifth (5th) of each month for the next twelve (12) months.

7. If payment is not received by the due date, hosting, email, and other services may be temporarily disabled until payment is made. Payments 30 days past due may be considered a subscription cancellation, and Client may no longer qualify for the same subscription rate.

8. Violations of Firewind Productions' Terms of Service or Spam Policy may, at Firewind Productions' discretion, result in immediate disablement without refund.

9. Notwithstanding the above, Firewind Productions may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment.

IX. Reservation of Rights

1. Upon completion of the Design and Development period, Firewind Productions will grant the Client full rights to the final approved website graphics and layout Firewind Productions completed during the Design & Development period, except as described below.

2. The Client will retain all rights to all content posted by the Client to the website.

3. Upon cancellation or kill during the Design & Development period, all rights for all content created by Firewind Productions revert to Firewind Productions.

4. Firewind Productions also reserves and witholds the right to use any images created during the Design & Development period in its portfolio. This right may be waived only via arrangement for payment of a separate fee. Please contact us for more information.

5. Firewind Productions on occasion develops website packages utilizing the framework of various forms of open source software. All licenses for such software (if any) remain in place and the Client will be granted copies of all such licenses upon request.

6. Firewind Productions also on occasion designs website themes utilizing code sourced from Squarespace. All rights and licenses existing for such features and/or themes [if any] remain in place.

7. All other rights not expressly granted are retained by Firewind Productions, including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any use additional to that expressly granted requires arrangement or payment of a separate fee.

X. SERVICE PLAN Subscription Cancellation/Website Transfer

1. TRANSFER OF RIGHTS. In the event of service subscription cancellation, the Client will retain all rights to all content the Client posts to their website.

2. WEBSITE FILES. If website, email, or other services are hosted on Firewind Productions' servers, all files hosted under the Client's account will be deleted within 30 days of subscription cancellation unless file and data transfer is requested in writing. If file retrieval is requested past 30 days of subscription cancellation, Firewind Productions reserves the right to charge a reinstatement fee of $399 for retrieval of such files, if possible. If the website, email, or other services are hosted with a third party service provider (for example, Squarespace or Google), the Client's service package with Firewind Productions will end but the Client may elect to continue their website and email hosting with the third party.

3. DOMAIN NAMES. If Firewind Productions is to remain the registrar for domain names used by the website, domain registration can be continued without a website service contract at current domain registration rates, payable upon service subscription cancellation.

4. TRANSFER REQUESTS. Upon subscription cancellation, the Client may elect to have their website, database, email, domain name, and other services previously provided by Firewind Productions transferred to a new host. This optional service is not available in all hosting conditions and is only available within thirty (30) days of account cancellation for a nonrefundable charge of $85/hour or $499; whichever is less. (Most website DNS and email transfers take a total of 1 to 1.5 service hours per site). If such a transfer service is requested, Firewind Productions will make every effort possible to transfer the website files and data to another host as requested. However, not every host may have the software and/or DNS resources necessary, and not all website functions may be possible to transfer. The Client will be informed about the details of the transfer before any charges are incurred and/or if such a transfer will not be possible. The Client will be responsible for all fees from third-party hosting services necessary for the site and/or email transfer setup and continued functionality.

5. In the event of subscription cancellation and website transfer, Firewind Productions will assume no responsibility for upgrading, securing, or otherwise maintaining the website unless a new service subscription is purchased. Firewind Productions reserves the right to charge any additional upgrade or maintenance fees necessary to bring the website to working order if a new service subscription is purchased. Also, in the event of subscription cancellation and website transfer, the Client will no longer be eligible for their previous quoted subscription rate in the event that a new service subscription is purchased.

XI. Taxes

1. Firewind Productions shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client's website or Firewind Productions' server or from third party services, products, or other integrations (for example, Squarespace Premium Stock Images powered by Getty). Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

XII. Material Products

1. Firewind Productions will exercise no control whatsoever over the content of the information passing through its network except as required by law.

2. Due to the fact that the Internet is neither owned nor controlled by any one entity, Firewind Productions can make no warranties or representations of any kind, whether expressed or implied, for the hosting, email, DNS, or other services it is providing. Firewind Productions also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Firewind Productions' servers is at the Client's own risk, and Firewind Productions specifically denies any responsibility for the accuracy or quality of information obtained through its hosting services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Firewind Productions expressly limits its damages to the Client for any hosting non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

3. The customer agrees to make use of Firewind Productions' servers primarily for the purpose of hosting a website and associated email functions. Servers are shared with other customers, and as such IRC-related activities, BitTorrent software, or severely CPU intensive CGI scripts (e.g. chat scripts, proxy scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any Firewind Productions server, and if your processes are adversely affecting server performance disproportionately Firewind Productions reserves the right to negotiate additional charges with the Client and/or the discontinuation of the offending processes. Firewind Productions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

4. Firewind Productions may, at its option and at any time, reject material that violates this Terms of Use, including but not limited to after it has been put on Firewind Productions' Servers. Firewind Productions agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Firewind Productions. If the Client fails to modify the material, as directed by Firewind Productions, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated and subscription will be canceled.

XIII. Trademarks & Copyrights

1. Client warrants that it has the right to use the applicable trademarks and copyrighted work, if any.

XIV. Hardware, Equipment, & Software

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Firewind Productions.

XV. Age

1. The Client certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract. Clients less than 18 years must have written approval from their parent or guardian.

XVI. Internet Etiquette/Code of Conduct

1. Electronic forums such as mail distribution lists and other online groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.

2. The network resources of Firewind Productions may not be used to impersonate another person or misrepresent authorization to act on behalf of others or the Designer. All messages transmitted via Firewind Productions' servers should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.

3. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning and Denial Of Service attacks of any kind. Any evidence of such unauthorized access attempts will result in an immediate termination of Client's account without refund.

XVII. Lawful Purpose/Anti-Spam Policy

1. Client may only use Firewind Productions' servers for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is strictly prohibited. Housing any copyrighted information (to which the Client does not hold the copyright or have obtained written permission) on Firewind Productions' server is prohibited.

2. Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Firewind Productions’ computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.

3. Harassment by e-mail, whether through language, frequency, or size of messages, is strictly prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of e-mail) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited. Forging of headers or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person's permission is prohibited. Firewind Productions’ accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider.

4. Client further agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or other network postings (spam). Client further expressly agrees to Firewind Productions' Anti-Spam Policy, included in this document as a reference. The Anti-Spam Policy will always be located at: firewindproductions.com/solutions/web/antispampolicy

5. Summing up, you will not use this Site or our Services in a manner (as determined by Firewind Productions in its sole and absolute discretion) that:

   1. Is illegal, or promotes or encourages illegal activity;

   2. Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);

   3. Promotes, encourages or engages in racism, bigotry, sexism, terrorism, violence against people, animals, or property;

   4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

   5. Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

   6. Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;

   7. Infringes on the intellectual property rights of another User or any other person or entity;

   8. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

   9. Interferes with the operation of this Site or the Services found at this Site; or

   10. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.

6. Any complaint we receive about a violation of any of the preceding points will be taken very seriously and will result in immediate account cancellation without a refund.

XVIII. LIMITED LIABILITY

1. Client expressly agrees that use of Firewind Productions' Servers is at Client's sole risk. Neither Firewind Productions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Firewind Productions' server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Firewind Productions' Server service, unless otherwise expressly stated in this contract.

2. Under no circumstances, including negligence, shall Firewind Productions, its offices, agents or any one else involved in creating, producing or distributing Firewind Productions' server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Firewind Productions' server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Firewind Productions' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Firewind Productions' Server service.

3. The Client agrees to indemnify and hold Firewind Productions harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

4. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fee and court costs.

XIX. INDEMNIFICATION

1. Client agrees that it shall defend, indemnify, save and hold Firewind Productions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Firewind Productions, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client,its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Firewind Productions against Liabilities arising out of

   1. any injury to person or property caused by any products sold or otherwise distributed in connection with Firewind Productions' Server;

   2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;

   3. copyright infringement;

   4. any defective product which Client sold on Firewind Productions' servers.

XX. CONTRACT REVISIONS

1. Revisions to this Contract will be applicable to previous Contracts. Contract will always be located at this address: firewindproductions.com/solutions/web/terms

2. Revisions will be considered agreed to by the Client on renewal of service as specified in Section - Financial Arrangements.

3. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties.

XXI. TRANSFER

1. Client may not transfer this contract without the written consent of Firewind Productions.

XXII. CONTRACT

1. These Terms and Conditions constitute the entire Contract and understanding of the parties.

2. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.

3. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.

4. In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

5. No waiver by Firewind Productions of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.

6. Any dispute regarding this agreement shall be arbitrated in Lewiston, Idaho under the rules of the American Arbitration Association and the laws of the State of Idaho. This Agreement shall be governed by the laws of the State of Idaho and courts of such state shall have exclusive jurisdiction and venue.

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