Terms & Conditions

The following terms and conditions are incorporated into Flat Creek Digital’s contracts and proposals. If the terms and conditions herein conflict with the terms of the client’s contract with Flat Creek Digital, the contract language will govern.

  1. Design Version: Each version is deemed complete upon transmission of the version to client by any means with a statement that the version transmitted is a completed version. A round of edits can be completed by e-mail, telephone, video-conferencing, face-to-face meeting or any other method for which the edits are conveyed to the client. A round of editing is complete upon transmission by Flat Creek Digital to the client of the edited version of the homepage or interior page by any means with a statement that round of edits has been completed.
  2. Development of Website: Development includes the conversion of the web design into a functioning website. Any additional time over the hours provided in the contract for website development will be billed to the client at Flat Creek Digital’s standard hourly rates.
  3. Website Images and Video: Basic setup packages include up to 20 iStock credits (or $34) at iStockphoto.com. Pro and Premium packages include up to 60 iStock credits. Any further stock images or video can be incorporated into the design and development of the website and will be invoiced to the client at cost plus ten percent (10%).
  4. Cancellation of contract: At any time at its discretion, Flat Creek Digital may elect to cancel the client’s contract. Valid reasons for cancellation may include, but are not limited to a lack of payment, lack of communication from the client, unprofessional behavior towards Flat Creek Digital or its staff, and unethical or legal complications. If the client chooses to cancel their contract, they may do so after the initial contract period has been completed. The cancellation must occur in writing at least thirty (30) days prior to date of cancellation. Partial month hosting fees may apply, and cancellation will not take effect until any past due amounts are paid and client’s account with Flat Creek Digital has a zero balance due.
  5. Upgrade/downgrade of service: Clients may choose to upgrade or downgrade their service at any time after the initial term. If a client chooses to change their plan, they should send an email to s[email protected] and include their name, organization name, and which package they would like to change to. If downgrading, the client will also need to list which user account(s) should remain on their system. Please Note: A downgrade could involve the removal of user accounts and all of their associated data. Flat Creek Digital is not responsible for any loss of data resulting from the deletion of user accounts as part of a hosting downgrade.
  6. Content Management System (“CMS”): The CMS System for the website is Adobe Business Catalyst (www.businesscatalyst.com). This system allows the client the ability to update the website. Any time required of Flat Creek Digital for work on or with the CMS is not included in the contract/proposal, and will be billed to the client at Flat Creek Digital’s standard hourly rates. If an alternate CMS is requested, additional fees may apply to the pricing plans.
  7. Online Donation Form with Automatic Payment Processing: Flat Creek Digital charges for online donations with automatic payment processing at the rate of 5% plus $0.35 per transaction. If it is agreed that Flat Creek Digital shall be the recipient hub for online transactions, Flat Creek Digital will disburse payments received to the client twice a month – on the fifth and the twentieth of each month. If the client requests a payment of online donations received out of the aforementioned cycle, Flat Creek Digital charges $25.00 for such checks.
  8. Chargebacks: There will be a $30 per item fee for each chargeback that Flat Creek Digital receives. The fee will be deducted from the client’s processing check for the period that the chargeback is received. If the client’s website or organization has been closed when the chargeback is processed, the organization will be invoiced and payment is due upon receipt or will be subject to collections processing.
  9. Social Networking Sites: Flat Creek Digital will set up an initial account for client’s website on Facebook, Twitter, YouTube and Flickr but not on MySpace or LinkedIn. Flat Creek Digital will prepare the initial set up for each social networking site and provide initial passwords and access codes for each social networking site. Any additional time for set up of additional social networking sites other than those specified herein will be charged to the client at Flat Creek Digital’s standard hourly rates.
  10. e-Newsletter: Includes one initial template design to be prepared by Flat Creek Digital using the CRM mentioned above. Any work requested by the client on the e-Newsletter beyond the initial template design will be billed to the client at Flat Creek Digital’s standard hourly rates. If any outside email newsletter service is used, fees may apply to cover Flat Creek Digital’s time and costs to produce, edit, and send the newsletter campaign. The initial template design is complete upon transmission of the design to the client with a statement that the initial template design is complete.
  11. Client Training: Training can take place via phone, email, face-to face in-person meeting, teleconferencing, or any other method. Any additional training requested by the client beyond the hours provided for in the proposal/contract will be billed to the client at Flat Creek Digital’s standard hourly rates. For any in-person training that requires Flat Creek Digital staff to travel to the client, all travel time will be billed to the client at one-half of Flat Creek Digital’s standard hourly rates.
  12. Site Reactivation Fee: There will be a minimum $250.00 reactivation fee to recover any site files and design of a website that has been shutdown for any reason. Other fees, interest, and penalties may apply.
  13. Project Management: This term includes all steps taken by Flat Creek Digital to manage the development of the client’s website, including any coordination via any method with subcontractors or other professionals who may be needed to prepare the finished product for the client.
  14. Website Hosting: Flat Creek Digital will provide secure service 24 hours a day with sufficient bandwidth for the client’s website.
  15. Project Scope:  If the client chooses to change the scope of the project or make additions to the contract after the contract is signed, a new estimate for the cost of the project must be submitted, approved, and paid for in by the client before Flat Creek Digital will continue work on the project.
  16. Invoice Payment Terms: Flat Creek Digital will invoice its clients monthly for time, materials, travel, expenses and any other charges that may be applicable, including any monthly hosting fees included in the contract. Separate invoices may be sent mid-month for out-of-pocket costs incurred at the client’s request. All invoices are due upon receipt.
  17. Late Fees: Once an invoice is thirty days past due, a late fee of 1.5% of the total amount due will be applied. Administrative access to the website will be revoked once a client is 30 days past due and the entire website will be disabled and shut down after 60 days past due and subject to the reactivation fee mentioned above. Any invoice unpaid after 90 days past due may be sent to a collections agency and additional fees will apply. Flat Creek Digital charges a $50.00 fee for returned check.
  18. Online, Television, Radio, Print, Newspaper or Any Other Media Advertising: Flat Creek Digital’s proposal does not include any online, television, radio, print, newspaper or any other media advertising. Any media advertising of any kind must be prepaid by the client via wire transfer or credit card prior to any purchase of such advertising by Flat Creek Digital, and Flat Creek Digital will impose a two business day waiting period for any payments made by check before purchasing any media advertising.
  19. Technical Support: Flat Creek Digital provides email-only support for all websites hosted on our system. The maximum hours of support are based on the level of hosting as follows: Basic-one (1), Pro-two (2), Premium-two(2). Technical support includes providing answers on how to use the system. Resolution of any site bugs or technical errors created by Flat Creek Digital on the site will be provided free of charge. Technical support does not include additions, updates, or modifications to the website. It does not include any design or development. Managed support options to update websites for our clients are included in packages on the pricing page.
  20. Online contribution funds placed in reserve: If during any standard processing cycle a client’s gross contributions total more than $70,000, a 10% mandatory hold will be placed on the total amount of contributions during that period. A portion of those funds will be released during future standard processing periods until all of the funds have been released. The purpose of the hold is to eliminate any risk of potential chargebacks. Flat Creek Digital reserves the right to retain a reasonable percentage (no more than 5% of the total amount of contributions processed in a fiscal quarter) until the credit card company’s chargeback window has closed. If all of the client’s funds have been released and a chargeback is received by Flat Creek Digital, the client will be invoiced promptly and payment of said invoice is due immediately or subject to collections processing.
  21. Ownership of Work Product: Before the client pays Flat Creek Digital’s fees and expenses in full, Flat Creek Digital retains ownership of and all rights and interest in the Work Product. If Flat Creek Digital allows the client to use some or all of the Work Product before payment is made in full, said use will constitute a revocable-at-will license. Upon payment in full of any and all fees and costs, the client shall own all rights and interest in the Work Product.
  22. Confidentiality: In connection with the performance of services it may be necessary for Flat Creek Digital to have access to information which is confidential or proprietary to the client whether or not the client designates such information as confidential, and regardless of the means of transmission to and/or receipt by Flat Creek Digital. Flat Creek Digital agrees that it will not, directly or indirectly, divulge to any person or entity any information which is confidential or proprietary to the client and that, upon termination of the agreement, it will make no further use of such information.
  23. Site Setup Hours: The maximum number of hours of site planning, design, development, and project management work included in each pricing plan is as follows: Basic-six (6), Pro-twenty (20), Premium-forty (40). Any additional time spent on the project may result in additional fees, delays in launching the site, modifications to the original approved design, among other things. Flat Creek Digital will notify the client if their project goes above the hours included in the contract before any additional charges will apply and will wait for approval of said fees prior to completing the work requested to finish the project.
  24. Product Support:  Flat Creek Digital’s hosting plans include up to one hour of basic technical support per month. Site updates, improvements, design changes, or other Website modifications are not included in technical support and are billed at a rate of $125/hour and due upon receipt.
  25. Domain Names: Each managed Website setup includes the purchase of one new domain name registration, excluding premium domain registration unless directly authorized by the client. Clients will be responsible for annual domain name renewal fees.