ARCHIVES
Surf New Media will work to import archives from existing websites. We require a CSV or MDB file for the archived format. Archives in CSV or MDB format will be imported free of additional charges. We cannot guarantee the import of archives not in this format, although we will work within the limitations of the software to achieve all imports. Surf New Media is not responsible for archive formats not generated by our own programmers. TownNews archives in NITF format will incur a one-time $250 charge for import.
COPYRIGHT & OWNERSHIP
Upon completion of all new websites, all CONTENT of the website ownership is transferred in full to client. Surf New Media does not retain rights to content. The use of the Drupal CMS is licensed under the General Public License. Surf New Media retains copyright to design, templates and related material of the website unless otherwise noted.
Surf New Media retains copyright on our Premier E-Edition software. Content added per each client is retained by the original author of the content.
Surf New Media retains all copyright to coding in our iOS applications. Content added per client or through third-part integration is retained by the original author of the content.
DOMAINS
Any domains not registered by Surf New Media are the sole responsibility of the client. Domains registered by Surf New Media will be billed yearly until the domain is transferred out of Surf New Media’s control.
NEW WEBSITE DEVELOPMENT / LIMITATIONS
Surf New Media will perform in full the outlined services as stated in individual contract. Surf New Media will include all work associated in the outlined project and maintain the functioning of the outlined functions should any problems occur during normal use of the site. Surf New Media is not responsible for hosting issues or terms of service. Surf New Media will not be responsible for problems arising after site launch due to changes made by third-parties and/or abuse in site structure. Furthermore, Surf New Media's contracted responsibilities are fulfilled when the site is launched.
Launching of client website constitutes client has accepted the fulfillment of Surf New Media's contracted obligation. Surf New Media can cancel contracts and / or service with or without notice at any time and for any reason including, but not limited to, client harassment, violation of terms of service, violation of copyrights and / or violation of third-party terms of services.
Surf New Media is not responsible for user errors, client-related changes to the site structure, client-side changes to layout/design nor client-side additions, subtractions and/or changes to site modules, code or functions. If your site is hosted on an external server, Surf New Media is not responsible for server backups, security or hosting-related issues. Open rate billing will be offered to clients after luanch for such instances, but not limited to, third-party integrations, external server support, changes to site structure / functions and troubleshooting.
In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.
PER CONTRACT, SURF NEW MEDIA WILL DELIVER A FULL, COMPLETE AND FUNCTIONING WEBSITE AS OUTLINED IN CONTRACT AND CLIENT AGREES TO PAY ACCORDING TO PAYMENT SCHEDULE.
CONTRACT TERMINATION / EARLY TERMINATION
ALL NEW SITES REQUIRE A MINIMUM ONE YEAR CONTRACT FROM DATE OF LAUNCH AUTOMATICALLY RENEWING YEARLY. EARLY TERMINATION OF CONTRACT WILL RESULT IN FULL PAYMENT OF YEARLY CONTRACT. A 30-DAY WRITTEN NOTICE IS REQUIRED FOR NON-RENEWAL OF CONTRACT.
PAYMENT AGREEMENTS
By agreeing to the terms of services, signing a Surf New Media contract, or paying online via the Surf New Media website, you agree to pay for your website as outlined in payment schedule. Failure to do so will result in non-delivery of site.
Surf New Media will seek collections for all accounts 90 or more days late. Collections fees will be added to all accounts sent to collections.
Managed web development/monthly billing begins 60 days after deposit or upon site launch (whichever comes first).
Surf New Media reserves the right to take down websites for clients who are 60 or more days late with payment.
SITE HOSTING AND CONTRACTED HOSTING ALLOTMENT
Additional charges for hosting will be billed for sites using resources beyond acceptable limits such as for high-traffic sites. These charges will be given 15 days notice if additional charges are to happen. Clients have the opportunity to opt out of the additional charge, but site traffic and/or resource limits will be imposed.
CONTRACTUAL PRICE INCREASES
Contracted agreements are subject to yearly increase of 5 percent of contracted price. Non-contracted hosting costs are subject to to a yearly increase of 6 percent.
LEGAL
This agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, U.S.A., without reference to any conflicts of law provisions. Each party hereby submits to the exclusive jurisdiction of, and waives any venue or other objection against, any federal court sitting in the State of Florida, U.S.A., or any Florida state court in any legal proceeding arising out of or relating to this contract. Each party agrees that all claims and matters may be heard and determined in any such court and each party waives any right to object to such filing on venue, forum non-convenient, or similar grounds.
Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.
Each party shall indemnify, defend, and hold the other party harmless from and against any and all claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including, without limitation, attorneys fees, accounting fees, and investigation costs to the extent permitted by law) alleged or incurred arising out of or relating to any operations, acts, or omissions of the indemnifying party or any of its employees, agents, and invitees in the exercise of the indemnifying party's rights or the performance or observance of the indemnifying party's obligations under this agreement.
The relationship of the parties under this agreement is that of an independent contractor and the company hiring the contractor. In all matters relating to this agreement each party hereto shall be solely responsible for the acts of its employees and agents, and employees or agents of one party shall not be considered employees or agents of the other party. Except as otherwise provided herein, no party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other party. Nothing in this agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to herein.
