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SKYTIP MEDIA TERMS OF SERVICE (“Agreement”)

“SKYTIP” or “we,” “us,” or “our” refers to SKYTIP MEDIA LLC, doing business as SKYTIP. “You” or “your” refers to the person or entity that is the customer of record.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

This Agreement, including the SKYTIP Privacy Policy Located at skytipmedia.com/privacy, Customer Service Summary, and terms of service for products, add-ons, writing, blogging, graphic design, social media, website design, and services (“Services”) not otherwise described herein that are posted on applicable SKYTIP websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and SKYTIP and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement.

1.0 TERM COMMITMENT, CHARGES, BILLING AND PAYMENT

 

1.1    What Is The Term Of My Service? How Can I Fulfill My Service Commitment? What are My Rights to Cancel Service and Terminate My Agreement?

SKYTIP Products and Service(s) may be used with: (a) a Website Systems that contains a WordPress Platform and that is assigned to your account (“Website”), (b) a SEO Item, Item Kit, or Plan that is assigned to your account (“SEO”), (c) a Graphic Design Plan that is assigned to your account (“Graphic Design”), (d) a Social Media Platform that is assigned to your account (“Social-Media”).

Term of Service. Your Agreement begins on the day we activate your Service(s) and continues through the Term of Service, typically a 6 month, or 12 month, or 24 month period (“Service Commitment”), specified on your Customer Service Summary. At the end of your service commitment, this Agreement will automatically continue on a month-to-month basis. If your Agreement has no Service Commitment, it is a month-to-month Agreement.

Fulfillment of Service Commitment. You have received certain benefits from us in exchange for your Service Commitment, which may include, but are not limited to, a subsidized website platform. There are two alternative ways to fulfill your Service Commitment. You can pay for the Services described in your Customer Service Summary for the term of your Service Commitment, or you can terminate your Agreement prior to the end of your Service Commitment and pay an Early Termination Fee (“ETF”). The Early Termination Fee is not a penalty, but rather is an alternative means for you to perform your obligations under the Agreement that partially compensates us for the fact that the Service Commitment on which your Subscription Plan is based was not completed.

Your Termination Rights. Within the first 14 days after service activation, you may terminate your Agreement for any reason and not be required to pay an ETF. If you terminate within two (2) days of accepting the Agreement, SKYTIP will refund your payments made, if any. However, you agree to pay SKYTIP for all fees, charges, and other amounts incurred and owed under your Agreement, and you agree to return to SKYTIP any Plugin installed by SKYTIP for use and in connection with your Service Commitment. If you fail to return this Plugin, you will be charged the difference between the amount you paid SKYTIP for the Product or Service and the amount you would have been charged for the installed Plugin had you not agreed to a Service Commitment. SKYTIP also may charge you a un-install fee for any returned Plugin.

After the first 14 days, you may terminate your Agreement for any reason. However, you agree to pay SKYTIP for all fees, charges, and other amounts incurred and owed under your Agreement along with the applicable ETF. The Early Termination Fee is either: (a) $300 or (b) $150. The ETF reduces each full month of your Service Commitment that you complete. To determine whether your Product or Service has a $300 Early Termination Fee or a $150 Early Termination Fee, and the amount of reduction, skytipmedia.com/learn/ETF.

After your Service Commitment ends and you are on a month-to-month Agreement, you may terminate your Agreement at any time with 30 days notice without incurring an ETF. If you sign a new Agreement before the end of the term of your existing Agreement and terminate that new Agreement within 14 days as allowed above, you agree that you will be bound by the terms and conditions of your existing Agreement including fulfillment of any remaining Service Commitment thereunder.

 

1.2    What are SKYTIP’s Rights to Cancel My Service(s) and Terminate My Agreement?

SKYTIP may interrupt, suspend your mySKYTIP account, or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following:

• Any conduct that we believe violates this Agreement or SKYTIP’s Acceptable Use Policy;

• Any conduct that involves the use of abusive, derogatory, insulting, threatening, vulgar or similarly unreasonable language or behavior directed at any of our employees or representatives whether it be in person, over the phone, or in writing;

• We believe your account has become compromised.

• You use your Website/Social-Media and/or our Services for an unlawful purpose;

• You use your Website/Social-Media and/or our Services in any way that: (a) is harmful to, interferes with, or negatively affects our network, other customers, or the network of any other provider, (b) is harmful to, interferes with, or negatively affects our Services or operations, (c) infringes intellectual property rights of SKYTIP or others, (d) results in the publication of threatening, offensive or illegal material, or (e) generates spam or other abusive messaging or calling, a security risk, or a violation of privacy;

• You fail to make all required payments when due.

• Your credit has deteriorated and/or we believe that there is a risk of non-payment;

• You refuse to pay any required advance payment or deposit; or

• You provide inaccurate or misleading information.

SKYTIP’s rights under this Section 1.2 are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement.

After your Service Commitment ends and you are on a month-to-month Agreement, SKYTIP may terminate your Agreement at any time with 30 days notice.

 

1.3    Can SKYTIP Change My Terms And Rates?

We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, or administrative charges) either in your monthly bill or separately. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations.

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE’LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A PHONE CALL, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

If you lose your eligibility for a particular Subscription Plan, we may change your Subscription Plan to one for which you qualify.

 

1.4    How Will I Receive My Bill? What Charges Am I Responsible For? How Much Time Do I Have To Dispute My Bill?

You will receive an electronic (paperless) bill at the official email address for your mySKYTIP account. Each month we will send you an email notice when your electronic bill is available online. This will be sent to your official email address on file with SKYTIP. You are required to keep your email address current and to notify us immediately of any change in your email address.

You are responsible for paying all charges for or resulting from Services provided under this Agreement, including any sign-up fee that may apply to each subscription.

IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT SKYTIP BILL DISPUTE, 1348 JONES ST, RENO, NV 89503 WITHIN 100 DAYS OF THE DATE OF THE BILL OR YOU’LL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.

Charges include, without limitation, Recurring Monthly Services, Sign-Up Fees, Design Costs, Administrative, and Late Payment Charges; regulatory cost recovery and other surcharges; optional feature charges; Blogs, Content Writing, Website Add-Ons, Website Themes, E-Commerce Themes, Social Media Platforms, Graphic Design, and SEO charges; Restoral and Reactivation Charges; any other charges billed to your account; and applicable taxes and governmental fees, whether assessed directly upon you or upon SKYTIP.

To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you’re required to provide us with your residential or business street address. If you don’t provide us with such address, or if it falls outside our licensed Products and Services area, we may reasonably designate a PPU within the licensed Services area for you. You must live and have a mailing address within SKYTIP’s coverage area.

 

1.5    How Does SKYTIP Calculate My Bill?

Monthly fees will be billed as specified in your Customer Service Summary or Subscription Plan information online. When the Product or Service you order is installed for you, your Product or Service Plugins will be activated before you take delivery of the Products or Services so that you may use them promptly upon installation. Thus, you may be charged for Products or Services while your Product or Service Plugins are still being installed. If, upon receiving your first bill, you have been charged for Services while your Plugins were being installed, you may contact Customer Care 1-775-453-2277 to request a credit. Except as provided below, monthly Services and certain other charges are billed one month in advance, and there is no proration of such charges if Service is terminated on other than the last day of your billing cycle. Monthly Service and certain other charges are billed in arrears if you’re a former customer of SKYTIP and maintain uninterrupted Service on select SKYTIP Subscription Plans, however, if you elect to receive your bills for your Services combined with your upgrades or added options (where available) you will be billed in advance as provided above. You agree to pay for all Services used with your Website, SEO, Blogging, Graphic Design, and Social Media.

ADDITIONAL LABOR AND OTHER MEASURED TASKS (“CHARGEABLE LABOR”) IS BILLED AT AN HOURLY RATE OF $115/HR, AND ACTUAL LABOR AND TASK ARE ROUNDED UP TO THE NEXT FULL-HOUR INCREMENT AT THE END OF EACH TASK FOR BILLING PURPOSES.

All additional labor for which we receive supervision or which have at least 30 minutes of Chargeable Labor, including correction time, shall incur a minimum of one hour labor charge. Chargeable Labor may include time for us to recognize the task, time to perform the task, and correction time. Tasks that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the task began.

ADDITIONAL PRODUCTS ORDERED DURING A SUBSCRIPTION PERIOD ARE CHARGED IN-FULL FOR THE PARTICULAR PRODUCT AT THE TIME OF ORDERING AND DO NOT ALTER THE SUBSCRIPTION PLAN.

If you select a Subscription Plan that includes a predetermined allotment of Services (for example, a predetermined amount of labor), unless otherwise specifically provided as a part of such Subscription Plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services.

General: You agree to pay SKYTIP the subscription fee (“Subscription Fee”) specified on the Checkout Page. The Subscription Period (“Subscription Period”) varies depending on the plan you sign up for. We currently offer a 6 month, or 12 month, or 24 month period (“Subscription Period”).
Payment Method: All payments, subscriptions, and subscription renewals, are securely handled by the reputable third-party provider Stripe. Learn more about secure online payments handled with Stripe. All payments are managed through Stripe.

Auto-Renewal of Your Subscription Period and Recurring Billing: You will be entitled to receive the Service only during the subscription period (“Subscription Period”). All subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal. All of our Subscription Plans use recurring billing. If you elect to pay for the Subscription Period on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month on the date of renewal unless you cancel the Service before the new Subscription Period begins. If you signed up for a semi-annual plan, you will automatically be charged the Subscription Fee for the subsequent six-month period on the date of renewal, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.

Delayed Billing: Billing of additional labor or other Services may occasionally be delayed. Such additional labor charges may appear in a later billing cycle, will be deducted from monthly tasks or other Services allotments for the month when the additional labor is actually billed, and may result in additional charges for that month. Those tasks will be applied against your monthly Services in the month in which the additional labor appears on your bill. You also remain responsible for paying your monthly Service fee if your Service is suspended for nonpayment. We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion.

 

1.6    Are Advance Payments And/or Deposits Required?

We may require you to make deposits or sign-up fees for Services, which we may offset against any unpaid balance on your account. Interest won’t be paid on sign-up fees or deposits unless required by law. We may require additional sign-up fees or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict Services or features. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend Services until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Services. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

 

1.7    What if I fail to pay my SKYTIP Bill when it is due?

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that for each bill not paid in full by the due date, SKYTIP may charge and you will pay a late payment fee of $35.

You expressly authorize, and specifically consent to allowing, SKYTIP and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by SKYTIP to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to SKYTIP. You agree and acknowledge that any e-mail address or any other electronic address that you provide to SKYTIP is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

 

1.8    What Happens If My Check Bounces?

We’ll charge you up to $30 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason.

 

1.9    Who Can Access My Account and for What Purpose?

You authorize us to provide information about and to make changes to your account, including new or extended Service Commitments and the purchase of Products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. Individuals that can provide information we deem sufficient to identify you and that also have access to a subscription that is billed to your account may register for secondary access to your account in SKYTIP’s online account management system (“mySKYTIP”). Such access will include, but is not limited to, the ability to view your account information, make changes to the plans under your account, perform upgrades, view payment information, etc. You will receive a notification that secondary access through mySKYTIP has been granted to your account. You may terminate such secondary access by contacting customer service at 1.775.453.2277. In addition, you may designate individuals who are authorized to make certain changes to your account (“Authorized Users”). You are responsible for all changes made by such Authorized Users or action taken as a result of secondary access to you’re mySKYTIP account, including but not limited to new or extended Service Commitments and the purchase of Products or Services. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.

 

 

2.0 HOW DO I RESOLVE DISPUTES WITH SKYTIP?

 

2.1    Dispute Resolution By Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-775-453-2277. In the unlikely event that SKYTIP’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if SKYTIP has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, SKYTIP will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from SKYTIP to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), SKYTIP will pay you the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what SKYTIP has offered you to settle the dispute.

 

2.2    Arbitration Agreement

(1) SKYTIP and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that may arise after the termination of this Agreement.

References to “SKYTIP,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Products under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and SKYTIP are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SKYTIP should be addressed to: Office for Dispute Resolution, SKYTIP, 1348 Jones St., Reno, NV 89503 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If SKYTIP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SKYTIP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SKYTIP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SKYTIP is entitled.

(3) After SKYTIP receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, SKYTIP will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at skytipmedia.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless SKYTIP and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, SKYTIP will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse SKYTIP for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of SKYTIP’s last written settlement offer made before an arbitrator was selected, then SKYTIP will:

• pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and

• pay your attorney, if any, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
If SKYTIP did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney fee, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney fee at any time during the proceeding and upon request from either party made within 90 days of the arbitrator’s ruling on the merits.

(5) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs.

(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SKYTIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SKYTIP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if SKYTIP makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

 

 

3.0 TERMS RELATING TO YOUR PLATFORM AND CONTENT

 

3.1    Your Platform

Your Platform must be compatible with, and not interfere with, our Products and Services and must comply with all applicable laws, rules, and regulations. We may periodically program your Platform remotely with system settings to direct your Platform to use network services most appropriate for your typical usage, and other features that cannot be changed manually.

You agree that you won’t make any modifications to your Product and Services or it’s programming to enable the Product and Service to operate in any other capacity. SKYTIP may, at its sole and absolute discretion, modify the programming to enable the operation of the Product and Service.

If you bought a Platform from SKYTIP, certain features may have been programmed with custom coding which will prevent it from operating with other compatible upgrades or plugin services. If you wish to use this Platform with the service of another plugin or make upgrades to any current plugin, you must deactivate the ‘disable plugin updates’ plugin. SKYTIP will deactivate the Plugin upon request, provided that you meet certain criteria including, but not limited to the following: (a) you have paid for your Platform in full; (b) your account has been active for at least sixty days and is in good standing (i.e. it has no past due amount or unpaid balance owed SKYTIP); (c) you have fulfilled your Service Commitment by expiration of any contractual term, or payment of any applicable ETF. SKYTIP will deactivate a maximum of five websites per account, per year. For Platforms sold with a Prepaid Plan, SKYTIP will provide you with the deactivation instructions upon request if you provide a detailed receipt or other proof of purchase of the website.

 

3.2    Where and How Does SKYTIP Service Work?

SKYTIP does not guarantee availability of your Website. Products and Services may be subject to certain Host Provider and compatibility/limitations including memory, storage, network availability, coverage, accessibility, and data limitations. Products and Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
When in use beyond your Hosting Service plan, access will be limited to information and applications previously downloaded to or resident on your website. Hosting plans vary between your Host Providers technologies, and the current plan you have established with them.

Actual network speeds depend upon Hosting Service characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints of your Hosting Service.

 

3.3    What Information, Content, And Applications Are Provided By Third Parties?

Certain information, Plugins, Applications, or other Content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice.

SKYTIP IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, PLUGINS, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies or terms of use may differ among SKYTIP’s content or services. It is your responsibility to read the rules or service agreements of each content provider or service provider.

Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any plugin, application, information or downloaded data is not guaranteed or warranted by SKYTP or any content providers or other third party. Delays or omissions may occur. Neither SKYTIP nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, plugin, application or content, or any information, plugin, application, or other content acquired through the Service.

You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither SKYTIP nor its content and service providers or suppliers, in providing information, plugins, applications or other content or services, or access to information, plugins, applications, or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.

 

3.4    How Can I Get Mobile Content?

You understand that your mySKYTIP account can be used to acquire or purchase Products and Services (including Subscription Plans) like Items, Item Kits, Logos, Graphic Design, Blogs, Content Writing, Website Add-Ons, SEO, Social Media Platforms, and Subscriptions like SEO Management, SEO Maintenance, Website Maintenance, Website Management, Social Media Management, Blogging Services, Graphic Design Retainers, and Premium Plans from SKYTIP (“Content”). You understand that you are responsible for all authorized charges associated with such Content from any individual assigned to your mySKYTIP account, and that these charges will appear on your bill. Any person using or assigned to your mySKYTIP account to order Content on your mySKYTIP account may be deemed to have corresponding authority to consent to the use or disclosure of your mySKYTIP account information, including customer proprietary information, to facilitate the processing or provisioning of and/or billing for such Content.

You are responsible for reviewing your monthly bills to ensure that all charges for Content are accurate.

Additionally, you have full-time access to your Content purchase transaction history on our website. You may contest and seek refunds for unauthorized purchases and purchases with which you are not satisfied. SKYTIP reserves the right to restrict Content purchases or terminate the account of anyone who seeks refunds on improper grounds or otherwise abuses this Service.

 

3.5    Am I Responsible If Someone Makes A Purchase With My Account?

Except as otherwise provided in this Agreement, if your mySKYTIP account is used by others to make Content purchases, you are responsible for all such purchases. If this occurs, you are giving those other users your authority to:

1) make Content purchases, and to incur charges for those Content purchases;

2) give consent required for that Content; or

3) make any representation required for that content.

 

 

4.0 TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE

 

4.1    What Are The Limitations On Products, Services And Liability?

Unless prohibited by law, the following limitations of liability apply. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, platform modifications and repairs, and problems with the Host Provider.

Additional hardware, software, subscription, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. SKYTIP is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Unless prohibited by law, SKYTIP isn’t liable for any indirect, special, punitive, incidental or consequential losses or damages you may suffer by use of, or inability to use, Services, Software, or Products provided by or through SKYTIP, including loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the full extent allowed by law, you hereby release, indemnify, and hold SKYTIP and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by SKYTIP or any person’s use thereof, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF SKYTIP, or any violation by you of this Agreement. This obligation shall survive termination of your Service with SKYTIP. SKYTIP is not liable to you for changes in operation, plugins, or technologies that cause your Products or Software to be rendered obsolete or require modification.

SOME STATES, INCLUDING THE STATE OF KANSAS, DON’T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

4.2    How Can I Use My SKYTIP Service?
All use of SKYTIP’s Products and Services is governed by SKYTIP’s Acceptable Use Policy, which can be found skytipmedia.com/acceptableusepolicy, as determined solely by SKYTIP. SKYTIP can revise its Acceptable Use Policy at any time without notice by updating this posting.

 

4.3    Who Is Responsible For Security?
SKYTIP DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Products and Services sold by SKYTIP.

 

4.4    How Can I Use the Software?
The software, interfaces, documentation, data, and content provided for your Product and Service as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by SKYTIP (hereinafter “Software”) is sold, to you by SKYTIP for use only on your Products and Services.

 

 

5.0 WEBSITE THEMES & E-COMMERCE THEMES DEVELOPMENT, MAINTENANCE, & MANAGEMENT

 

5.1    What Are SKYTIP’s Responsibilities?

Create the Website Theme as detailed to the order form you filled out on purchase of the Website Theme, and extend its best efforts to ensure that the content and design of the Website meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

On completion of the content and design, assist the Company in installation of the Website to its final location, which assistance will include helping the Company with its upload of the finished files to the Company’s selected Hosting Service Company.

Provide all HTML files and code to the Company.

Provide Services and a Website that are substantially free of defects.

 

5.2    What Are My Responsibilities?
Engage SKYTIP as the creator of your Website.

Provide any and all needed assistance and cooperation to SKYTIP for completion of the Website.
Register the Website’s domain name, select the Web-hosting company, and pay any fees associated with these activities.

Make any changes or additions to the Company’s current systems, software, and/or hardware, at the Company’s own expense that may be required to support the operation of the Website.

 

5.3    Parties’ Representations And Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.
SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

5.4    Where Is My Website Theme Developed and Designed?
We Develop and Design every Website Theme ordered on a Secure, Proprietary SKYTIP server location. During the Development and Design process of your Website the URL (the location of your Website Theme) will publicly display a “Coming Soon” Page. Once Development and Design is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order we will then migrate your Website to your designated Host Service Provider giving you 100% control and Ownership of the Website you have purchased. Your Website will remain on SKYTIP’s Proprietary Server Space allocated specifically for its Development and Design until Final Payment is received.

WE WILL NOT RELINQUISH CONTROL OF YOUR PURCHASED THEME, OR MIGRATE ANY FILES, FOLDERS, DATABASES, AND ACCOUNTS CREATED IN, ON, OR PERTAINING TO YOUR PURCHASED WEBSITE SYSTEM UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, DEVELOPMENT AND DESIGN, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

5.5    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the Website in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Website according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the Website shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

5.6    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period time frame for your Product or Service begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a Website Theme with a 5-7 day delivery. We send out your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your Website and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any corrections, adjustments, or additions you request will incur this cost.

If you ordered a Website Theme, Website Theme Kit, or Website Theme+ Product or Service the URL (the location of your website theme) will display a “Coming Soon” page while it is being developed and designed. At the end of each Correction Period SKYTIP will remove the “Coming Soon” Page allowing you the opportunity to review your Website and make note of any Corrections, or Adjustments, you require. Once we receive your Corrections, or Adjustments, SKYTIP will re-enable the Coming Soon page until the end of the next correction period.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

5.6.1    Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per Website Theme or E-Commerce Theme, but on very rare occasion a project arises in which you will request an unusually large number of drafts or revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

5.7    Website Theme + & E-Commerce Theme + Design Cost, Design Time, and Monthly Plan

Design Cost. The initial purchase price required to retain SKYTIP to design and develop your Website Theme, and is due at the time of purchase.

Design Time. The one month period following your initial purchase (Design Cost) of a Website Theme +, wherein SKYTIP will design and develop your Website Theme.

Monthly Services. The Monthly Service Subscription Plan ordered, which begins after the Design Time allotted for your Website Theme.

The first month after your initial purchase (Design Cost) will be used to develop and design your Website Theme (Design Time) with your 12 Month Service Subscription (Monthly Services) starting one month after this product is ordered. Monthly Services are billed in arrears (billing for services in advance); meaning, the first Monthly Subscription Payment, which is due one month from the date of purchase, for Services to be rendered in the upcoming month as noted in the Terms of Service (section 1.5).

The first month is for the development and Design Time needed for your Website Theme. The Design Cost is due at the time of purchase as noted in the Terms of Service (section 1.5).

Website Theme + Products and Services come with a 12 Month Service Subscription which begins after your Website Theme has been built, meaning this Product requires a 13 month overall commitment (1 month for Website development and design and a 12 Month Website Management Subscription Service Plan). Your $400 Design Cost counts towards your first month (which is the month where we will design your website). Subsequent Monthly Subscription Plan Payments will begin after your Website Design Time has been completed, and all Monthly Subscription Service Plan Payments are billed in arrears (ahead of work to be completed) as noted in the Terms of Service (section 1.5).

If you selected some form of Content Writing to be completed on a monthly basis, the information you place in the form will be for your first months content. Before the beginning of each month SKYTIP will send an email with a link to the My Subscriptions section of your mySKYTIP account. Once there, you have the option to change the topics to be written about, or leave them as is. Any and all additional Monthly Content outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any additions you request will incur this cost.

 

5.8    What Is The Nature Of The Relationship?
SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

5.9    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the Website by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Website, and the use of the Website will not include any activity that may constitute “passing off.” To the extent the Website infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the Website.

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SKTIP for inclusion in the Website are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

5.9.1
The Notice to SKYTIP should be addressed to: Office for Dispute Resolution, SKYTIP, 1348 Jones St., Reno, NV 89503 (“Notice Address”).

 

5.10    Authorship Credit
SKYTIP will include a byline and link on the bottom of the Website establishing authorship credit with a link pointing back to SKYTIP’s website.

 

5.11    Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. You agree that you are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SKYTIP from any claim, suit, penalty, tax, or tariff arising from your exercise of Internet electronic commerce.

 

 

6.0 SEO DEVELOPMENT, MAINTENANCE, & MANAGEMENT

 

6.1    What Are SKYTIP’s Responsibilities?

Create the SEO Product or SEO Service as detailed to the order form you filled out on purchase of the SEO Product or SEO Service, and extend its best efforts to ensure that the content and design of the SEO meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

Upon completion of the SEO Product or SEO Service, instruct the Company on the different features applicable to their particular SEO Products or SEO Services which will include, but is not limited to, how to upload images and videos, upload and update written content (if applicable), and other features pertinent to their Platform(s).

Provide Services and a SEO Products or SEO Services that are substantially free of defects.

 

6.2    What Are My Responsibilities?

Engage SKYTIP as the creator of your SEO Product or SEO Service.

Provide any and all needed assistance and cooperation to SKYTIP for the completion of the SEO Product or SEO Service.

Ensure the availability of your chosen Channel, Page, or Profile names and provide alternatives in the event that your first choice is unavailable.

Ensure that SKYTIP has full access to your SEO Product or SEO Service throughout the Delivery, Subscription Plan, and Subscription Period outlined in your order details.

Ensure that your SEO Products or SEO Services are paid in full when you place your order.

Ensure that all monthly payments are paid on time and paid in arrears (ahead of services to be rendered) [This only applies to Monthly SEO Management & SEO Maintenance Customers]

 

6.3   Restrictions

You are expected to recognize the practice of good and ethical Internet practices. You shall comply with the rules appropriate to any of the SEO Products or SEO Services provided by SKYTIP. You are also expected not to permit SKYTIP access to information you desire to keep confidential.

 

 

6.4 Monthly Privacy & Intellectual Property Rights

 

6.4.1    Service

SKYTIP does not control the Content posted via the SEO Products and SEO Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SKYTIP Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SKYTIP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the SEO Products and SEO Services.

 

6.4.2    Modification
You acknowledge (i) given the global nature of the Internet, that there is no necessity to modify the SEO Products and SEO Services provided by SKYTIP (ii) that such actions will likely impair the performance standards of SEO expected by SKYTIP.

 

6.4.3    Alteration
You shall not update, alter, modify, or tamper with the optimized pages. You hereby acknowledge that such inappropriate actions may void the guarantee offered by SKYTIP.

 

6.5    Search Visibility

 

6.5.1    Overview of the Service
SKYTIP employs SEO Products and SEO Services that will allow the your Website and Web Pages to be visible on the Local Search Engine results and allow your Website and Web Pages to be viewed and seen provided that complete requirements are submitted by you.

 

6.5.2    Guarantee
SKYTIP makes no guarantees that your Website or Web Pages will be visible to search results placed on chosen Search Engine(s) using any and all keywords. However, SKYTIP does have a solid track record and can provide you with many keywords that we have ranked for previous clients in your brand or businesses respective industry.

 

6.6    Your SEO Service

 

6.6.1    Keyword Analysis

Upon the receipt of your keywords, and using tried and tested techniques, methods, and tools, SKYTIP will start the process using the keywords to examine your Website for additional keywords to use.

 

6.6.2    Content Writing & Website Optimization

SKYTIP Search Engine Optimization may create customized text written by use of a certain technique so search engine spiders will understand it. Furthermore, it will follow the optimization standards (keyword density, prominence, and proximity). Website’s HTML codes will be validated to ensure your Website and Web Pages is in working order for Search Engine Results.

Client shall provide correct and full (read/write) FTP (File Transfer Protocol) access to the root directory of website. SKYTIP shall make a copy of Client’s Website prior to uploading the optimized pages for archival and disaster recovery purposes.

 

6.6.3    Keyword Reporting

The priming period of a minimum of fourteen (14) days allows the Search Engines and directories enough time to analyze and index SKYTIP submissions. In accordance with the Keyword Reporting Frequency Period you order, SKYTIP will send you a detailed Keyword report to verify the overall performance of each keyword or keyword phrase in the Search Engine Results.

 

6.6.4    Completion

Completion of SEO lasts until Monthly Service Subscription Plan, Subscription Period, or Product Delivery Time between you and SKYTIP is completed.

 

6.6.5    Preferred Keywords
You shall take full responsibility for the keywords or key phrases used and optimized in the Website. You acknowledge they will follow the guidelines set by SKYTIP in choosing the keywords or key phrases.

 

6.6.6    Optimized Content
You hereby agree that you shall take full responsibility, legally or otherwise, for all content included in the optimized pages and the Meta tags.

You agree to inform SKYTIP that if there are changes to the Web Pages, especially the Home Page. As the entrance to your Website, this page is critical. You shall let SKYTIP know by email of any substantial revisions or changes to the Website within three (3) business days. Guarantee is void if our work is altered without our knowledge.

 

6.6.7    FTP Access

You shall agree to grant full File Transfer Protocol (FTP) access to SKYTIP during the Product Order Period, Monthly Service Subscription Plan, or Monthly Subscription Period. This Website access allows SKYTIP ability and access to optimize your Website and to make any alterations to the Website whenever necessary under circumstances.

Efforts are being made by SKYTIP to check if the link to Sitemap and optimized pages are intact, as well as your Website’s uptime. Should we find that any of the mentioned factors are missing; SKYTIP shall do the necessary solution as long as there is Full FTP access.

If FTP is no longer accessible, you shall give the new access information to SKYTIP. Failure of you to inform SKYTIP three (3) days after any FTP access changes are made voids the guarantee.

 

6.6.8    Uptime & Downtime
You shall ensure 99.99% uptime of the Website. Otherwise, you shall notify SKYTIP of the downtime incident. Downtime of more than 24 hours by you voids the guarantee.

 

6.7    Parties’ Representations and Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.

SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

6.8    Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per writing item, but on very rare occasion a project arises in which you will request an unusually large number of revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

6.9    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the SEO Products or Services in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the SEO according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the SEO shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

6.10    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your SEO Products begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a SEO Product with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive and email from SKYTIP requesting you to review your SEO and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any corrections, adjustments, or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

6.11    Records & Documents

SKYTIP is not responsible for the custody, archiving, safe keeping, as well as of returning or sending to you, documents, graphic work, physical goods or Web Pages created for you and/or sent to SKYTIP by you, in any manner or form.

 

6.12    Where Is My SEO Developed?

We develop every SEO Product and SEO Service ordered on a Secure, Proprietary SKYTIP location. Once SEO is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order, we will then relinquish control of your SEO Product or SEO Service, giving you 100% control and Ownership of the SEO Product or SEO Service you have purchased.

WE WILL NOT RELINQUISH CONTROL OF YOUR PURCHASED SEO PRODUCTS OR SEO SERVICES AND ANY FILES CREATED THAT PERTAIN TO YOUR PURCHASED SEO PRODUCTS OR SEO SERVICES UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, DEVELOPMENT, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

6.13    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the SEO Products and SEO Services in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the SEO Products and SEO Services according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the SEO Product or SEO Service shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

6.14    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your SEO Products begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a SEO Product with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your SEO Products and make note of any Corrections, or Adjustments, you require. Any and all corrections outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any revisions or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

6.15    Monthly SEO

Your Monthly SEO Maintenance Subscription or Monthly SEO Management Subscription will begin on the date of purchase for the Monthly SEO Maintenance Subscription Plan, Monthly SEO Management Subscription Plan. Monthly Services are billed in arrears (billing for services in advance); meaning, your first monthly services payment will be or services to be rendered in the upcoming month. Any and all Monthly SEO Subscription Service Plans are billed on a monthly reoccurring charge as noted in the Terms of Service (section 1.5).

 

6.16    What Is The Nature Of The Relationship?

SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

6.17    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the SEO Products and SEO Services by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial writing, or other rights of any third party in the SEO Products and SEO Services, and the use of the SEO Products and SEO Services will not include any activity that may constitute “passing off.” To the extent the SEO Products and SEO Services infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the SEO Products and SEO Services.

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, writings, trademarks, or other artwork furnished to SKTIP for inclusion in the SEO Products and SEO Services are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

6.18    Confidentiality

You shall inform SKYTIP in writing before the project commences if any portion of any material or information provided by you, or if any portion of the project is confidential.

 

6.19    Indemnity

You agree to indemnify and hold harmless SKYTIP from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by SKYTIP.

 

 

7.0 SOCIAL MEDIA DEVELOPMENT AND MANAGEMENT

 

7.1    What Are SKYTIP’s Responsibilities?

Create the Social Media Platform(s) as detailed to the order form you filled out on purchase of the Social Media Platform, and extend its best efforts to ensure that the content and design of the Social Media Platform meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

Upon completion of the Social Media Platform, instruct the Company on the different features applicable to their particular Social Media Platform(s) which will include, but is not limited to, how to upload images and videos, upload and update written content (if applicable), and other features pertinent to their Platform(s).

Provide Services and a Social Media Platform that are substantially free of defects.

 

7.2    What Are My Responsibilities?

Engage SKYTIP as the creator of your Social Media Platform(s).

Provide any and all needed assistance and cooperation to SKYTIP for the completion of the Social Media Platform(s).

Ensure the availability of your chosen Channel, Page, or Profile names and provide alternatives in the event that your first choice is unavailable.

Ensure that SKYTIP has full access to your Social Media Platform(s) throughout the Design and Development period outlined in your order details.

Ensure that your Social Media Platform(s) are paid in full when you place your order.

Ensure that all monthly payments are paid on time and paid in arrears (ahead of services to be rendered) [This only applies to Monthly Social Media Management Customers].

 

7.3    Parties’ Representations and Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.

SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

7.4    Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which you will request an unusually large number of drafts or revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

7.5    Where Is My Social Media Platform Developed and Designed?

We develop and design every Social Media Platform ordered on the Social Media Service Provider’s system, for example a Google+ Page is developed in Google’s system, a Facebook Like Page is developed in Facebook’s system, a YouTube Channel is developed on YouTube’s system, etc. As such, your access to your Social Media Platform will be regulated by their Terms and Conditions. Once Development and Design is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order, we will then relinquish control of access to your Social Media Platform(s) giving you 100% control and Ownership of the Social Media Platform(s) you have purchased.

AT NO POINT IN TIME WILL YOUR SOCIAL MEDIA PLATFORM(S) BE IN OR ON SKYTIP’S SYSTEM. YOUR PLATFORM(S) ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE SOCIAL MEDIA SERVICE PROVIDER THAT YOUR PLATFORM(S) RESIDE ON. SKYTIP WILL NOT RELINQUISH FULL CONTROL OF YOUR SOCIAL MEDIA PLATFORM(S) UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, DEVELOPMENT AND DESIGN, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

7.6    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the Social Media Platform in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Social Media Platform according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the Social Media Platform shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

7.7    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your Social Media Platform(s) begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a Social Media Platform with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your Social Media Platform(s) and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and that you confirm that any corrections, adjustments, or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

7.8    Monthly Social Media Management

Your Monthly Social Media Management Subscription will begin on the date of purchase for the Monthly Social Media Management Subscription Plan, or Monthly Subscription Period. Monthly Services are billed in arrears (billing for services in advance); meaning, your first monthly services payment will be or services to be rendered in the upcoming month. Any and all Monthly Social Media Management Subscription Service Plans are billed on a monthly reoccurring charge as noted in the Terms of Service (section 1.5).

 

7.9    What Is The Nature Of The Relationship?

SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

7.10    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the Social Media Platform(s) by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Social Media Platform(s), and the use of the Social Media Platform(s) will not include any activity that may constitute “passing off.” To the extent the Social Media Platforms infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the Social Media Platform(s).

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SKTIP for inclusion in the Social Media Platform(s) are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

7.11    Confidentiality

You shall inform SKYTIP in writing before the project commences if any portion of any material or information provided by you, or if any portion of the project is confidential.

 

7.12    Indemnity

You agree to indemnify and hold harmless SKYTIP from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by SKYTIP.

 

 

8.0 GRAPHIC DESIGN AND MANAGEMENT RETAINERS

 

8.1    What Are SKYTIP’s Responsibilities?

Create the Graphic Design(s) as detailed to the order form you filled out on purchase of the Graphic Design, and extend its best efforts to ensure that the content and design of the Graphic Design meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

Provide Services and a Graphic Design that are substantially free of defects.

 

8.2    What Are My Responsibilities?

Engage SKYTIP as the creator of your Graphic Design(s).

Provide any and all needed assistance and cooperation to SKYTIP for the completion of the Graphic Design(s).

Ensure that your Graphic Design(s) are paid in full when you place your order.

Ensure that all monthly payments are paid on time and paid in arrears (ahead of services to be rendered) [This only applies to Monthly Graphic Design Retainer Customers].

 

8.3   Parties’ Representations and Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.

SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

8.4    Where Is My Graphic Design Created?

We create every Graphic Design ordered on a Secure, Proprietary SKYTIP location. Once Design is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order, we will then relinquish control of your Graphic Design giving you 100% control and Ownership of the Graphic Design(s) you have purchased.

WE WILL NOT RELINQUISH CONTROL OF YOUR PURCHASED GRAPHIC DESING AND ANY FILES CREATED THAT PERTAIN TO YOUR PURCHASED GRAPHIC DESIGN UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, DESIGN, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

8.5   Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per Graphic Design, but on very rare occasion a project arises in which you will request an unusually large number of drafts or revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

8.6    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the Graphic Design in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Graphic Design according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the Graphic Design shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

8.7    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your Graphic Design(s) begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a Graphic Design with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your Graphic Design(s) and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any corrections, adjustments, or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

8.8    Monthly Graphic Design Retainers

Your Monthly Graphic Design Retainer Subscription will begin on the date of purchase for the Monthly Graphic Design Retainer Subscription Plan, or Monthly Retainer Subscription Period. Monthly Services are billed in arrears (billing for services in advance); meaning, your first monthly services payment will be or services to be rendered in the upcoming month. Any and all Monthly Graphic Design Retainer Subscription Service Plans are billed on a monthly reoccurring charge as noted in the Terms of Service (section 1.5).

 

8.9    What Is The Nature Of The Relationship?

SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

8.10    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the Graphic Design(s) by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial design, or other rights of any third party in the Graphic Design(s), and the use of the Graphic Design(s) will not include any activity that may constitute “passing off.” To the extent the Graphic Design infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the Graphic Design(s).

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SKTIP for inclusion in the Graphic Design(s) are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

8.11    Confidentiality

You shall inform SKYTIP in writing before the project commences if any portion of any material or information provided by you, or if any portion of the project is confidential.

 

8.12    Indemnity

You agree to indemnify and hold harmless SKYTIP from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by SKYTIP.

 

 

9.0 BLOGGING AND CONTENT WRITING DEVELOPMENT & MANAGEMENT

 

9.1    What Are SKYTIP’s Responsibilities?

Create the Blog(s) or Written Content as detailed to the order form you filled out on purchase of the Blog(s) or Written Content, and extend its best efforts to ensure that the content and writing of the Blog(s) or Written Content meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

Provide Services and a Blog(s) or Written Content that is substantially free of defects.

 

9.2    What Are My Responsibilities?

Engage SKYTIP as the creator of your Blog(s) or Written Content.

Provide any and all needed assistance and cooperation to SKYTIP for the completion of the Blog(s) or Written Content.

Ensure that your Blog(s) or Written Content is paid in full when you place your order.

Ensure that all monthly payments are paid on time and paid in arrears (ahead of services to be rendered) [This only applies to Monthly Blog(s) Retainer Customers].

 

9.3    Parties’ Representations and Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.

SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

9.4    Where Is My Blog(s) Or Written Content Created?

We create every Blog(s) and Written Content ordered on a Secure, Proprietary SKYTIP location. Once Writing is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order, we will then relinquish control of your Blog(s) or Written Content, giving you 100% control and Ownership of the Blog(s) and/or Written Content you have purchased.

WE WILL NOT RELINQUISH CONTROL OF YOUR PURCHASED BLOG(S) OR WRITTEN CONTENT AND ANY FILES CREATED THAT PERTAIN TO YOUR PURCHASED BLOG(S) OR WRITTEN CONTENT UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, WRITING, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

9.5    Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per writing item, but on very rare occasion a project arises in which you will request an unusually large number of drafts or revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

9.6    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the Blog(s) or Written Content in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Blog(s) or Written Content according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the Blog(s) or Written Content shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

9.7    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your Blog(s) or Written Content begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a Blog(s) with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your Blog(s) or Written Content and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any corrections, adjustments, or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

9.8    Monthly Blogging

Your Monthly Blogs Retainer Subscription will begin on the date of purchase for the Monthly Blogs Retainer Subscription Plan. Monthly Services are billed in arrears (billing for services in advance); meaning, your first monthly services payment will be or services to be rendered in the upcoming month. Any and all Monthly Blogging Subscription Service Plans are billed on a monthly reoccurring charge as noted in the Terms of Service (section 1.5).

 

9.9    What Is The Nature Of The Relationship?

SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

9.10    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the Blog(s) or Written Content by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial writing, or other rights of any third party in the Blog(s) or Written Content, and the use of the Blog(s) or Written Content will not include any activity that may constitute “passing off.” To the extent the Blog(s) or Written Content infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the Blog(s) or Written Content.

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, writings, trademarks, or other artwork furnished to SKTIP for inclusion in the Blog(s) or Written Content are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

9.11    Confidentiality

You shall inform SKYTIP in writing before the project commences if any portion of any material or information provided by you, or if any portion of the project is confidential.

 

9.12    Indemnity

You agree to indemnify and hold harmless SKYTIP from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by SKYTIP.

 

 

10.0 WEBSITE ADD-ON(S) DEVELOPMENT

 

10.1    What Are SKYTIP’s Responsibilities?

Create the Website Add-On(s) as detailed to the order form you filled out on purchase of the Website Add-On(s), and extend its best efforts to ensure that the content and writing of the Website Add-On(s) meets the Company’s needs.

Perform the Service’s with professional diligence and skill, using fully trained, skilled, competent, and experienced personnel.

Provide Services and a Website Add-On(s) that is substantially free of defects.

 

10.2    What Are My Responsibilities?

Engage SKYTIP as the creator of your Website Add-On(s).

Provide any and all needed assistance and cooperation to SKYTIP for the completion of the Website Add-On(s).

Ensure that your Website Add-On(s) is paid in full when you place your order.

 

10.3    Parties’ Representations and Warranties

Both You and SKYTIP have full power, authority, and right to perform the obligations under the Agreement.

SKYTIP has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

SKYTIP has the experience and ability to perform the Services required by this Agreement.

SKYTIP has the right to perform the Services required by this Agreement at any place or location, and at such times as SKYTIP shall determine.

The Services shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and SKYTIP shall obtain all permits or permissions required to comply with such laws, rules, or regulations.

The Services required by this Agreement shall be performed by the SKYTIP or the SKYTIP’s staff, and you shall not be required to hire, supervise, or pay any assistants to help SKYTIP perform such services.

 

10.4    Where Is My Website Add-On(s) Installed?

We install Website Add-On(s) ordered on a Secure, Proprietary SKYTIP location. Once your Website Add-On(s) is complete, all Correction and Adjustment Periods are met, and final Payment is received for your Order, we will then relinquish control of your Website Add-On(s), giving you 100% control and Ownership of the Website Add-On(s) you have purchased.

WE WILL NOT RELINQUISH CONTROL OF YOUR PURCHASED WEBSITE ADD-ON(S) AND ANY FILES CREATED THAT PERTAIN TO YOUR PURCHASED WEBSITE ADD-ON(S) UNTIL ALL PARAMETERS OF YOUR ORDER HAVE BEEN FULFILLED. THIS INCLUDES, BUT IS NOT LIMITED TO, SUBMISSIONS,INTEGRATIONS, CORRECTION AND ADJUSTMENT PERIODS, AND ANY OUTSTANDING PAYMENTS.

 

10.5    Revisions And Author Alterations

Any and all revision requests or project additions/alterations MUST be furnished to SKYTIP in writing. No work will be done until you submit your revisions in writing, either by Email, Mailed Letter, or Fax. You understand that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the Terms of Service (section 1.5). Revision work is not done free of charge unless otherwise arranged.

You have the option to select the number of revisions you would like when placing your order. The order assumes a reasonable average number of revisions per Website Add-On, but on very rare occasion a project arises in which you will request an unusually large number of revisions. Any and all revisions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and you confirm that any revisions or additions you request will incur this cost.

 

10.6    Timing And Delays

SKYTIP recognizes and agrees that failure to deliver the Website Add-On(s) in accordance with the delivery time ordered will result in expense and damage to the Company. SKYTIP shall inform you immediately of any anticipated delays in the delivery schedule and of any remedial actions being taken to ensure completion of the Website Add-On(s) according to such schedule. If a delivery date is missed, you may, in your sole discretion, declare such delay a material breach of the Agreement and pursue all of its legal and equitable remedies. You may not declare a breach, and SKYTIP cannot be held in breach of this Agreement, of this section if such delay is caused by an action or failure of action of you. In such case, SKYTIP will provide you with written notice of the delay and work on the Website Add-On(s) shall not continue until the reason for the delay has been resolved by you and written notice of that resolution has been provided to SKYTIP.

 

10.7    How Do Corrections, Adjustments, and Delivery Times Work?

The Correction Period timeframe for your Website Add-On(s) begins once we receive Payment. Your Delivery time resets after each Correction Period (for example, you order a Website Add-On(s) with a 5-7 day delivery. We alert you to your first version and you respond with your Corrections, you can expect your next version 5-7 days from the day we receive your Corrections). At the end of each Correction Period you will receive an email from SKYTIP requesting you to review your Website Add-On(s) and make note of any Corrections, or Adjustments, you require. Any and all corrections, adjustments, or additions outside of the original amount ordered will incur the hourly rate as noted in the Terms of Service (section 1.5), and the you confirm that any corrections, adjustments, or additions you request will incur this cost.

IF YOU REQUIRE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, BEYOND THOSE YOU HAVE SPECIFIED IN THE ORIGINAL PURCHASE FOR THE PRODUCT OR SERVICE ORDERED YOU MUST REQUEST THEM IN AN EMAIL RESPONSE, REFERRED TO AS AN “INQUIRY EMAIL”, TO THE PRODUCT OR SERVICE ORDER COMPLETION EMAIL YOU RECEIVE. LIST ANY AND ALL FURTHER NEEDED CORRECTIONS AND ADJUSTMENTS IN YOUR INQUIRY EMAIL. YOU WILL RECEIVE A REPLY TO YOUR INQUIRY EMAIL THAT WILL CONTAIN A LINK WHICH WILL DIRECT YOU TO A PAGE AT SKYTIPMEDIA.COM GIVING YOU THE OPTION TO PURCHASE THE ADDITIONAL CORRECTION PERIODS, OR ADJUSTMENTS, YOU HAVE REQUESTED.

 

10.8    What Is The Nature Of The Relationship?

SKYTIP agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. SKYTIP is and will remain an independent contractor in its relationship to you. You shall not be responsible for withholding taxes with respect to SKYTIP’s bill. You shall have no claim against SKYTIP hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

10.9    Intellectual Property

SKYTIP hereby represents and warrants that the use and proposed use of the Website Add-On(s) by you or any third party does not and shall not infringe, and SKYTIP has not received any notice, complaint, threat, or claim alleging infringement of, any trademark, copyright, patent, trade secrets, industrial writing, or other rights of any third party in the Website Add-On(s), and the use of the Website Add-On(s) will not include any activity that may constitute “passing off.” To the extent the Website Add-On(s) infringes on the rights of any such third party, SKYTIP shall obtain a license or consent from such third party permitting the use of the Website Add-On(s).

You represent to SKYTIP and unconditionally guarantee that any elements of text, graphics, photos, writings, trademarks, or other artwork furnished to SKTIP for inclusion in the Website Add-On(s) are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

SKYTIP recognizes your right, title, and interest in and to all service marks, trademarks, and trade names used by you and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair your right, title, and interest therein, nor shall SKYTIP cause diminishment of value of said trademarks or trade names through any act or representation. SKYTIP shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise.

 

10.10    Confidentiality

You shall inform SKYTIP in writing before the project commences if any portion of any material or information provided by you, or if any portion of the project is confidential.

 

10.11    Indemnity

You agree to indemnify and hold harmless SKYTIP from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by SKYTIP.

 

 

11.0 FORCE MAJEURE

 

11.1    What Is Force Majeure?

Either Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable; notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.

 

 

12.0 CONFIDENTIAL INFORMATION

 

12.1    Will SKYTIP Keep My Information Confidential?

SKYTIP agrees, during the Term and thereafter, to hold in strictest confidence, and not to use, except for the benefit of you, or to disclose to any person, firm, or corporation without the prior written authorization of you, any Confidential Information of you. “Confidential Information” means any of your proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to SKYTIP by you either directly or indirectly. SKYTIP may use the Confidential Information to the extent necessary for negotiations, discussions, and consultations with you personnel or authorized representatives or for any other purpose you may hereafter authorize in writing.

 

 

13.0 PRODUCTS INVENTED BY SKYTIP OR PRODUCTS INVENTED FOR YOU BY SKYTIP

 

13.1    No Assurance Of Results

SKYTIP cannot and does not guarantee the results (including, without limitation, their nature and/or economic or commercial value or utility) of the Services to be performed or the quality of the Product developed pursuant to this Agreement. [The Services will be provided and the Product will be developed on a best efforts basis only.] The Parties agree that any and all risks of these Services and the Product shall be and remain those of you. Whether or not the research is successful or accomplishes the results contemplated by this Agreement, you shall remain obligated to pay SKYTIP all sums ordered and you shall be entitled to retain any and all of the sums paid to it by you; provided, however, that your legal or equitable remedies shall not be limited if SKYTIP breaches any of its obligations under this Agreement.

 

13.2    SKYTIP Inventions

SKYTIP has no right or interest in any work or product resulting from the Services SKYTIP performs for you, or any of the documents, reports, or other materials SKYTIP creates in connection with those Services (collectively, the “Company Inventions”), and has no right to or interest in any copyright to the Company Inventions. The Company Inventions have been specially commissioned or ordered by you as “works made-for-hire,” as that term is defined in the United States Copyright Act, and you are therefore the author and the owner of all copyrights in SKYTIP Inventions.

 

13.3    Assignments Of Company Inventions

If the Company Inventions or any parts of those are deemed not to have been works made-for-hire, you hereby assigns to SKYTIP all interest you may have in the Company Inventions, including all copyrights, publishing rights, rights to use, reproduce, and otherwise exploit the Company Inventions in all formats or media and all channels, whether now known or created in the future.

 

 

14.0 WHAT OTHER TERMS AND CONDITIONS APPLY TO MY SERVICE?

 

14.1    SKYTIP Copyright

All content included in or made available through any SKYTIP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of SKYTIP or its content suppliers and protected by United States and international copyright laws. The compilation of all Content included in or made available through any SKYTIP Service is the exclusive property of SKYTIP and protected by U.S. and international copyright.

 

14.2    Procedure for Submitting a Copyright Infringement Claim

If you receive a Notice of Copyright Infringement from a copyright holder alleging that your Website Theme(s) has been in involved in the exchange of unauthorized copies of copyrighted material (for example: music, movies, television shows, software, etc.), and the unauthorized copies of copyrighted materials were developed, designed, managed, maintained, authored, or otherwise a Product or Service of SKYTIP, then you must forward the Notification of Claimed Infringement to Skytip Media’s designated agent within 28 days of receiving said Notice, and it must include the following information:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single Notification, a representative list of such works.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date, and the time zone to permit Skytip Media to locate the material.

4) Information reasonably sufficient to permit Skytip Media to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.

5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon your receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, and if such Notification directly implies SKYTIP, and any work completed by SKYTIP, SKYTIP will remove or disable access to the material that is alleged to be infringing free of charge.

The Notice to SKYTIP should be addressed to: Office for Dispute Resolution, SKYTIP, 1348 Jones St., Reno, NV 89503 (“Notice Address”) and must be delivered to SKYTIP within 28 days to your receipt of the Notice of Copyright Infringement. . If you fail to notify SKYTIP within this timeframe then you agree to hold harmless, protect, indemnify, and defend SKYTIP from any liability (including attorneys’ fees and court costs), including any claim or suit, threatened or actual arising from the alleged unauthorized copies of copyrighted material being infringed upon.

 

14.3    Severability

If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

 

14.4    Assignment; Governing Law; English Language

 

14.4.1    Assignment

SKYTIP may assign this Agreement, but you may not assign this Agreement without our prior written consent.

 

14.4.2    Governing Law

The law of the state of your billing address shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.

 

14.4.3    English Language
The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

 

14.5    Trial Services

Trial Services are subject to the terms and conditions of this Agreement; may have limited availability; and may be withdrawn at any time.

 

 

15.0 TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SKYTIP Service are trademarks or trade dress of SKYTIP in the U.S. and other countries. SKYTIP’s trademarks and trade dress may not be used in connection with any product or service that is not SKYTIP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SKYTIP. All other trademarks not owned by SKYTIP that appear in any SKYTIP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SKYTIP.

 

 

16.0 PATENTS

One or more patents owned by SKYTIP apply to the SKYTIP Services and to the features and services accessible via the SKYTIP Services. Portions of the SKYTIP Services operate under license of one or more patents.

 

 

17.0 LICENSE AND ACCESS

 

17.1    What Can I Do And Not Do With My SKYTIP Account?

Subject to your compliance with this Agreement and your payment of any applicable fees, SKYTIP grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the SKYTIP Services. This license does not include any resale or commercial use of any SKYTIP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SKYTIP Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by SKYTIP. No SKYTIP Service, nor any part of any SKYTIP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SKYTIP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SKYTIP without express written consent. You may not use any Meta tags or any other “hidden text” utilizing SKYTIP’s name or trademarks without the express written consent of SKYTIP. You may not misuse the SKYTIP Services. You may use the SKYTIP Services only as permitted by law. The licenses granted by SKYTIP terminate if you do not comply with this Agreement.

 

 

18.0 YOUR ACCOUNT AND YOUR ACCESS

 

18.1    Assignment

If you use any SKYTIP Service, you are responsible for maintaining the confidentiality of your mySKYTIP account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SKYTIP does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. SKYTIP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

18.2    Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Stripe may report any such misuse or fraudulent use, as determined in Stripe’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
18.3    Reviews, comments, forums and other content.

You may post reviews, comments, forums, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SKYTIP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SKYTIP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SKYTIP and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SKYTIP for all claims resulting from content you supply. SKYTIP has the right but not the obligation to monitor and edit or remove any activity or content. SKYTIP takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

19.0 PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for Products and Services on any SKYTIP Product or Service represents the Starting Price before your Customizations to the Product or Service. Product and Service prices are estimated retail value for a comparable featured item offered elsewhere, and have then been reduced. The Starting Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain Items, Item Kits, and Monthly Services that are offered, the Starting Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set, and have then been reduced.

 

 

20.0 Foreign Currencies

Exchange rate fluctuations for international payments are constant and unavoidable. All payments are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment. All payments are subject to this fluctuation and SKYTIP is not responsible for any change in exchange rates at the time of payment.

 

 

21.0 ENTIRE AGREEMENT

In the event you sell the company, brand, business, retire, or for any other reason do not associate with the company, brand, or business, you will be personally obligated to fulfill the above Agreement and Monthly Subscription Payments associated with said Agreement.

Electronic Agreement: This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Products and Services.

This Agreement constitutes the final Agreement of the parties. It is the complete and exclusive expression of the parties’ Agreement about the subject matter of this Agreement. All prior and contemporaneous communications, negotiations, and Agreements between the parties relating to the subject matter of this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this Agreement by, and neither party is relying on, any statement, representation, warranty, or Agreement of the other party except those set forth expressly in this Agreement.

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