test - 360 Media | Websites, Email Marketing, Graphic Design

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1Contact Info

2Services

3The Fine Print

4Payment Info

Client Information

Name*

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Agreement

360 Media Co., LLC, a Missouri limited liability company (“360 Media”), agrees to furnish the client identified above (“Client”) (each, a “Party” and collectively, the “Parties”) certain web site development, hosting and/or other marketing services as identified in the order form attached hereto (“Order Form”). This cover page, the Standard Terms & Conditions located at https://www.360mediaco.com/standardterms , the Order Form and any Change Orders (defined hereinafter) shall constitute the entire agreement between the Parties (this “Agreement”) and replaces all prior oral or written communications between the Parties relating to the subject matter hereof.

Consent*

I agree.

By consenting here and signing below, Client certifies that it has read and understands, and agrees to be legally bound by, the terms and conditions of this Agreement, including the Standard Terms & Conditions located at https://www.360mediaco.com/standardterms which Client has reviewed in their entirety.

Authorized Signature*

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Effective Date*

Client Services Agreement

List your domain name(s):*

(the “Site”). Please note it is Client’s responsibility to timely pay all domain registration renewals and other applicable fees to the applicable domain registrar. Payments for your domain name should be made to your domain registrar and not to 360 Media. In the event that the Site is disabled due to a lack of payment, it can take up to 48 hours or more to re-validate all certificates and re-establish the Site through your domain registrar.

Monthly Site Lease Plan*

Price:

Initial Fee payment will be charged to Client’s credit card upon signing the Agreement. The monthly fee will be charged to the Client's credit card or ACH on the day of launch and approximately the same day each month thereafter during the term of this Agreement. 360 Media retains ownership of the Site (other than any Client Content). The following “Done-For-You” services are included in your monthly Site lease fee:
1. All hosting fees, SSL and regular Site maintenance.
2. 360 Media will process a reasonable number of “major” changes, such as adding pages, re-formatting pages, or similar large projects will take longer to process, but we will provide a reasonable estimate of time to complete each task and keep Client updated along the way. Excessive “major” change requests may be subject to an additional fee.
3. Client may use our client portal at www.360mediaco.com/clients to request minor textual or graphic changes to the Site. These updates will generally be processed within 24-48 business hours from receipt of your request.
4. At the request of the client, 360 Media will also provide quarterly quality assurance checks of the Site to help ensure the following items are properly functioning: links, data input forms, photos, email opt-ins, copy (grammar, punctuation and formatting), etc.

Additional Terms

This is a month-to-month Agreement and may be terminated by either party upon not less than thirty (30) days prior notice to the other party.
The Beta Version of Client’s Site will be completed within approximately 45-60 days of Client providing all necessary Client Content requested by 360 Media to build the Beta Version. To ensure timely completion of the final Site, it’s vital for Client to provide all Client Content within 24 hours of 360 Media’s request via the Google Drive shared folder that will be provided by 360 Media promptly following the execution of the Agreement. Throughout the build process of the Beta Version, regular updates will be provided to Client to keep you informed on the progress. Once the Beta Version development phase has begun, Client may request that minor changes may be made to the Beta Version. However, any requested changes may add to the timely completion of the Beta Version and final Site.

Terms & Conditions

These Standard Terms and Conditions shall apply to, govern and be incorporated into each Client Services Agreement (the “Agreement”) entered into by a Client and 360 Media Co., LLC (“360 Media”).
Section 1. SERVICES
1.1 Services. 360 Media agrees to perform and provide to Client certain services for development of a web site (the “Web Design Services”) under the domain name(s) identified in Client’s Order Form (“Site”) and to provide Client with such additional hosting, maintenance and other services as may be set forth in the Order Form (“Additional Services”). The Web Design Services and any Additional Services are collectively referred to herein as the “Services.”
1.2 Site Plan. 360 Media shall use commercially reasonable efforts to design, author and develop the Site in accordance with Client’s reasonable direction. The Site shall incorporate certain materials provided by 360 Media which include, without limitation, computer software (in object or source code form), script, programming code, data, information, HTML code, trademarks, images, illustrations, graphics, multimedia files and/or text (“360 Media Content”). The Site may also incorporate materials, if any, specifically provided by Client, including, without limitation, trade or service marks, images, illustrations, graphics, multimedia files and/or text (“Client Content”). Client Content shall be delivered to 360 Media promptly and in such media and/or electronic file format(s) requested by 360 Media. Client agrees that 360 Media is not responsible for providing any Services or performing any tasks not specifically set forth in the Order Form unless otherwise agreed to in writing by 360 Media.
Section 2. LICENSE GRANT 2.1 Grant of License to 360 Media. Client hereby grants to 360 Media, and 360 Media accepts from Client, a non-exclusive, worldwide, royalty-free license to edit, modify, adapt, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any Client Content in connection with the development of the Site and/or 360 Media’s performance of the Services under the Agreement.
2.2 Grant of License to Client. In consideration of Client’s timely payment of all fees, costs and expenses owed to 360 Media pursuant to the Order Form and the Agreement, 360 Media hereby grants to Client, and Client accepts from 360 Media, a limited, non-transferable, non-exclusive, worldwide license to use the 360 Media Content included in the Site solely for Client’s business purposes and only during the term of the Agreement. Upon termination of the Agreement for any reason, all licenses granted to Client thereunder to access and/or use the Site or any 360 Media Content shall immediately cease.
Section 3. DEVELOPMENT AND DELIVERY 3.1 Beta Version. Upon 360 Media’s receipt of all requested Client Content and Client’s payment of all initial fees and expenses when due, 360 Media shall commence the Services and prepare a preliminary working copy of the Site for Client’s review (“Beta Version”).
3.2 Change Order. Prior to final launch of the Site, Client may request reasonable changes to the Beta Version. Such changes must be in a written change order (“Change Order”) agreed to by both Parties, provided that email acceptance of the terms of a Change Order shall be acceptable. The Parties acknowledge that any change in the Site or scope of Services under the Agreement may necessitate an equitable revision in any delivery dates and/or prices previously set forth in the Order Form.
3.3 Revisions and Acceptance. Unless otherwise provided in the Order Form, upon Client’s receipt of the Beta Version, Client shall have five (5) days to review, and request reasonable revisions to, the Beta Version. Upon receipt of such request for revision, 360 Media shall use commercially reasonable efforts to implement the requested revisions. Upon completion of such revisions, Client shall be deemed to have accepted the Beta Version. If Client does not request any revisions during such 5-day period, the Beta Version shall be deemed final and accepted by Client.
Section 4. PROPRIETARY RIGHTS 4.1 360 Media Ownership of Leased Site. If Client has elected in its Order Form to lease the Site, then 360 Media shall own and retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in the Site and any modifications to the Site, including all 360 Media Content but specifically excluding any Client Content, all legally protectable elements or derivative works thereto, whether or not paid for wholly or in part by Client, whether or not developed in conjunction with Client, and whether or not developed by 360 Media, Client or any contractor, subcontractor or agent for 360 Media or Client. To the extent that ownership of the Site and/or 360 Media Content does not automatically vest in 360 Media by virtue of the Agreement or otherwise, Client agrees to assign, and hereby irrevocably assigns, to 360 Media all rights, title and interest in the Site, the 360 Media Content and/or all protectable elements or derivative works thereof.

By signing below, Client certifies that it has read and understands, and agrees to be legally bound by, the terms and conditions of this Agreement, including the Standard Terms & Conditions which Client has reviewed in their entirety.*

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