Sitekick, LLC Terms of Service
Last Updated: 9/11/2024

1. Agreement Overview

This Terms of Use (“Agreement”) constitutes a legally binding agreement between Sitekick, LLC, a Limited Liability Company organized under the laws of the State of Montana (“Sitekick”), and the Customer (“Customer”). By subscribing to any of Sitekick’s services, the Customer agrees to all terms and conditions outlined in this Agreement. Failure to agree to or comply with all terms results in the prohibition of the Customer’s use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between the Customer and Sitekick shall cease upon termination of this Agreement.

2. Service Plans and Payment

All Sitekick services are subscription-based, and payment for each month of service is required in advance. The Customer’s subscription payment or renewal date marks the commencement of Sitekick’s services for that billing cycle. Sitekick will not begin work until payment has been received, ensuring that dedicated designers and resources are allocated to the Customer’s projects.

Sitekick uses the following software stack for project management and communication:

• Project Management via Slack Kanban Boards: Sitekick manages projects through shared Kanban lists within Slack, providing both the Customer and Sitekick full visibility of ongoing tasks, tasks being performed, and completed tasks. This ensures transparency and allows both parties to track project progress in real time.

• Billing via Stripe: All billing is processed through Stripe, ensuring secure and timely payments for services.

• Designs via Figma: All design work is shared with the Customer through Figma, allowing for collaboration, feedback, and revisions directly within the platform.

• Communication via Slack: All communication is conducted via Slack, including feedback, questions, and updates, to ensure seamless interaction throughout the project lifecycle.

Brand & Web: Sitekick provides comprehensive branding and web design services. Customers receive progress updates every 48-72 hours delivered via Slack. A weekly call with a Project Manager can be scheduled to ensure project alignment. Sitekick will commence work on new requests within three business days of receiving payment.

Product: The Product plan is tailored to customers needing extensive design support. It is ideal for product design projects requiring a range of design solutions or teams needing branding and web development services on an expedited timeline. Like the Brand & Web plan, this includes Project Manager support and updates every 48-72 hours via Slack. Bi-weekly calls with the Project Manager can also be arranged upon request. Sitekick commits to responding to new service requests within two business days.

Both the Brand & Web and Product plans include ongoing support from a Project Manager to ensure project continuity and alignment with customer goals. Sitekick reserves the right to adjust, enhance, or revise these plans at its discretion. Customers are encouraged to review the terms regularly to stay informed of any changes.

3. Cancellation & Renewal Policy

To discontinue Sitekick’s services, Customers must provide notice of cancellation at least seven (7) days prior to the next billing cycle renewal date. This advance notice helps avoid charges for the upcoming period due to the resource allocation and planning required to ensure dedicated designers and Project Managers are available.

Failure to provide a 7-day cancellation notice will result in charges for the subsequent billing period, which are non-refundable. Customers are encouraged to consider project timelines when planning cancellations. Upon cancellation notice, services will continue until the end of the current billing cycle. No refunds will be issued for unused services within that billing period.

4. Refund Policy

During the initial month of service, Customers dissatisfied with the work may seek a refund for the unused portion of that month. Refund requests must be communicated clearly through Sitekick’s designated contact channels.

After the first month, no refunds are available for partial months. Customers wishing to discontinue services must provide written notice at least seven (7) days before the next billing cycle to avoid future charges.

5. Acceptance of Work

Customers have three (3) business days to provide feedback after receiving design work. If Sitekick does not receive feedback within this period, the work will be considered accepted, and the team will proceed to the next task. While this procedural acceptance does not prevent further iterations, it ensures that project momentum is maintained.

Customers are encouraged to provide timely feedback to keep projects moving forward, while Sitekick remains committed to incorporating further refinements as needed.

6. Intellectual Property Rights

Customers who subscribe to Sitekick’s services gain ownership of all works created specifically for them during a given billing cycle upon commencement of that cycle’s service. This includes brand assets, website designs, and customized graphics.

Sitekick retains rights to its foundational and underlying content, such as software, design frameworks, and pre-existing text, graphics, and media. The specific works produced for a Customer during a paid billing cycle are the Customer’s property from the point service delivery begins.

7. Ownership of Materials

In alignment with the Intellectual Property Rights section, Sitekick retains ownership of proprietary materials and content used during the creation process, while the Customer gains full ownership of the final project work upon full payment. This transfer includes all custom-created design and source files specific to the Customer’s project, but excludes Sitekick’s underlying tools, methods, or pre-existing materials.

8. Fonts

If a project incorporates third-party fonts requiring a commercial license for reproduction, distribution, or public display, Sitekick will inform the Customer in writing. The Customer is responsible for purchasing the appropriate licenses for such fonts and assumes all liability for failure to do so.

9. Customer Representations

By using Sitekick’s services, the Customer represents and warrants that they have the legal capacity to comply with these Terms of Use, are not a minor, will not access services through automated or non-human means, and will use the services in a manner that complies with applicable laws and regulations.

10. Prohibited Activities

Customers shall use Sitekick’s services solely for lawful purposes and as intended. Prohibited activities include, but are not limited to:

• Reselling or redistributing the services or content created by Sitekick for unauthorized commercial purposes.

• Using the services or content in any manner that infringes on the intellectual property rights of others.

• Engaging in any illegal, fraudulent, or harmful activity.

11. Feedback

All feedback must be submitted through designated platforms, such as Slack or Figma. Feedback submitted via these channels ensures proper documentation and response. Sitekick is not liable for any oversight on feedback not shared through the designated channels.

12. Oversight

Sitekick reserves the right to monitor service use for violations of these Terms and to take legal action as necessary. Sitekick may restrict or deny access to services for any violation of these terms.

13. Modifications to Terms of Use

Sitekick reserves the right to modify these terms or discontinue services at its discretion without notice. Customers are encouraged to review these terms regularly.

14. Interruptions

Service interruptions may occur due to factors beyond Sitekick’s control, such as team member unavailability or technical issues. Sitekick will not be liable for any loss or inconvenience caused by service interruptions but will make efforts to resume services as soon as possible.

15. Governing Law

These Terms of Use are governed by the laws of the State of Montana, without regard to conflict of law principles.

16. Limitations of Liability and Indemnification

Sitekick shall not be liable for indirect, incidental, special, or punitive damages arising from the use of its services. Sitekick and the Customer agree to indemnify each other as outlined in the event of claims alleging infringement or misuse of intellectual property.

Indemnification:

Sitekick shall indemnify, defend, and hold harmless the Customer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the design work produced by Sitekick as delivered to the Customer and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party.

The Customer agrees to indemnify, defend, and hold harmless Sitekick against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the Services in a manner not authorized by this Agreement, or the Customer’s modification of the design work, infringes the intellectual property rights of such third party.

The indemnification obligations set forth above are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of any claim or action; (b) giving the indemnifying party exclusive control and authority over the defense or settlement of such claim or action; (c) providing assistance in connection with the defense or settlement of such claim or action at the indemnifying party’s request and expense.

Notwithstanding the foregoing, the total liability of each party under the indemnification obligations shall not exceed the total amount paid to Sitekick by the Customer under this Agreement within the 12-month period preceding the claim.

The indemnifications set forth above shall not apply to the extent that the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Sitekick or not authorized by Sitekick in writing; (b) modifications to the Services by anyone other than Sitekick; (c) the Customer's failure to use updates or modifications to the Services that Sitekick has provided specifically to avoid infringement; or (d) the Customer’s failure to secure appropriate rights, licenses, consents, or permissions required for third-party assets it directs Sitekick to incorporate into the design work.

Both parties acknowledge that the limitations and exclusions of liability and indemnity in this agreement are fundamental elements of the basis of the bargain between Sitekick and the Customer, with the exception that these limitations do not apply to the indemnifiable losses as set forth above.

17. Customer Data

The Customer is responsible for providing all necessary data and materials for Sitekick to perform its services. Sitekick is not liable for any loss or corruption of data, though reasonable efforts will be made to assist in recovery.

18. Electronic Delivery of Materials

The Customer agrees to receive all communications electronically, and this satisfies the legal requirements for written communication.

19. Showcasing Work

Sitekick reserves the right to showcase work on its digital channels unless a Non-Disclosure Agreement (NDA) has been agreed upon.

20. Termination

These Terms of Use remain in effect until terminated by either the Customer or Sitekick. Customers may terminate their agreement by following the cancellation policy. Sitekick may also terminate or suspend services in the event of non-payment or violation of these terms.

20. Agreement Execution

By subscribing to Sitekick’s services, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms of Use. This Agreement is considered executed once the Customer subscribes to any service plan offered by Sitekick.

Contact Information

For questions or comments regarding these Terms, please contact:

hello@sitekick.co
Sitekick, LLC
416 N. Ida Ave
Bozeman, MT 59715