You should carefully read the following Terms and Conditions. Your purchase or use of our services implies that you have read and accepted these Terms and Conditions.
We, (StrikeHawk eCommerce, Inc) are a company providing web services for ecommerce operations. Our services include web hosting, web application installation, configuration, customization and operations support. We are a service provider and you may purchase our services via our website. We primarily sell the service of providing web development related information technology management and operations support. Our services are mainly delivered via a web based issue tracking system coupled with the Subversion version control system using a separate, secure repository dedicated to each website for which services are provided and an attached development installation of the software in question. This allows for predeployment testing, review and approval of site modifications by the client. Non-development related operations support may be delivered on the customers site.
We develop on software covered by and subject to various open source licenses. New development is subject to the license applicable to the underlying application and unless explicitly developed under written contract otherwise is copyright by StrikeHawk eCommerce, Inc. and/or its contractors. You are explicitly granted such rights as may be granted to you by any applicable open source license at no cost to you for any such licensure. Such rights require you to acknowledge and agree to any warranty restrictions which exist in any applicable license.
You do not claim intellectual property right or exclusive ownership to any of our web applications, modified or unmodified. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
We do not claim intellectual property right or exclusive ownership of our clients website content or data acquired by them in the course of pursuing their business activities.
Services are made available to our clients on an hourly basis at established rate structures published in our Site Operations Management product page. These are currently $25 per hour for web management and development services and $75/hour for system administration services with programming services by arrangement but may be modified by StrikeHawk eCommerce, Inc. at any time on 30 days notice to the client.
A monthly infrastructure fee is charged for maintenance of the service issue tracker and repository system. This fee covers system administration and provider fees related to this system only - it does not include any technical services related to client website(s).
It is our preference that all service requests be posted by the client directly to the provided tracker. Recognizing that this may not always be convenient, StrikeHawk eCommerce, Inc. agrees to accept such requests by phone, email or billing system ticket creation as well. Client acknowledges that service delivery activities are centered on the provided tracker and that it is their sole responsibility to review issues posted on their behalf and provide any necessary remedial direction in a timely fashion.
Services rendered under this agreement constitute a collaborative effort to meet the clients ecommerce related web technology needs within the available capabilities of StrikeHawk eCommerce, Inc. as expeditiously as possible. Specifications for services are developed in real time on the tracker itself. Client acknowledges that tracker access provides them with direct access to StrikeHawk eCommerce, Inc. employees and contractors and that posting a service request constitutes authorization for invoicing hours expended in managing and implementing such requests.
In the interest of security, avoidance of code collisions during development and effective development time management, development site access will be by secured subversion connection only. StrikeHawk eCommerce, Inc. will undertake such security reviews and system administration tasks as are needed to maintain this system as securely as possible. User ID's and passwords for clients and their designated third party developers are available on request. Instruction in the use of TortoiseSVN (a freely available, free Subversion client) is available on request at our normal hourly rates. Alternatively, links to publicly available tutorials can be found on the TortoiseSVN website.
It is the intent of StrikeHawk eCommerce, Inc. to maintain these development facilities in a secure condition at all times. Client agrees to bring any potential security issue they may notice in the course of using these facilities to our attention in order that issues may be addressed as promptly as possible. Client understands such facilities may be used by contractors and third party service providers and that any StrikeHawk eCcommerce bears no responsibility for any misuse of customer data committed by such providers and shall not be held liable in such cases. It is our policy to assist in the investigation and prosecution of such crimes on request.
In the course of providing management services we may from time to time supply various estimates as to cost and time to completion related to specific projects. In no way are these estimates to be construed as a fixed rate per project contract.
Service Invoices are generated weekly for all amounts over $25 and are itemized by reference to the pertinent tracker entry number. Invoices are due and payable 10 days later, with a 3 day grace period - after which they are subject to late fees at 8.04% APR but not less than $2.00.
Infrastructure Site fees are invoiced monthly, separately from any service invoices and are due and payable 10 days later with a 3 day grade period following which they are subject to late fees of $2.00. These fees are itemized as "Site Operations Management Service" and the date range applicable.
In the interest of fairness in the event of unforeseen difficulties in executing payment StrikeHawk eCommerce, Inc. may choose to waive late fees. This shall not constitute cause to do so on a regular basis or construed as a change of policy.
Client acknowledges that invoices generated as a result of these services are not subject to refund.
While StrikeHawk eCommerce, Inc does provide web hosting services, the purchase of such services is not required of the client as a condition of this agreement, nor does this agreement entitle the client to any web hosting services.
These Terms and Conditions set forth the entire intent and understanding of the parties hereto on the subject matter hereof, and supersedes any other agreements or understandings.