Terms of Engagement

Mittun, Inc., a California corporation (“Mittun” or “Mittun Creative” or “Mitten United” or “Mitten United, Inc.” or “we” or “us” or “our”), operates this website and facilitates the production and use of all digital products and services. The words “you”, “your”, “client”, “the client”, “customer”, “the customer” and “yours” refer to you, as the client/customer and/or as the user of this website. We are located at 730 Arizona Ave, Santa Monica, CA 90401

Work Authorization Agreement

By making an initial deposit or by clicking accept and signing the digital proposal, you are authorizing Mittun to perform the services described herein and agree to the project terms described within your selected website package.  You also agree to provide any necessary information needed for Mittun to properly perform the requested tasks listed herein which may or may not be limited to: access to existing files, login/passwords, 3rd-party add-ons/plugins/software/applications, contact info, and anything else Mittun needs to successfully fulfill your request. You also understand that our pricing structure is an estimate only and may be subject to change after initial work has been completed and if additional requests are made. For any project priced at $2,000.00 or more, project may be subject to revised terms, cancellation, legal penalties or additional fees if CLIENT doesn’t pay the project off in full within 180 days from the date the deposit is received (project start date). Estimated completion date is relative and based off the date the deposit is received as well.

Work will begin immediately after the first payment is received or until the project agreement (i.e. proposal, scope of work) is signed by both parties. All payments for the project are due within (30) days.  Payments are to be made in a timely manner via check, over the phone, or online via ACH transfer or credit card/debit card.  If mailing a check, please mail to Mittun, Inc. at the address listed above and make the payment out to “Mittun, Inc.” and include your invoice number on the check. For all checks over $750, please mail via USPS Priority and provide a tracking number to support@mittun.com. Payments made by check may delay or void the promised schedule unless checks are sent in advance to allow for delivery and processing. Each payment is subject to a late fee of 1% for every additional 15 days a balance is past due, after the net 30 window. For example, if you receive an invoice on July 1st, 2018 and do not submit payment until August 20th 2018, then an additional 1% fee may be applied to the unpaid balance. This late fee may be waived at the discretion of Mittun. CLIENT agrees & understands that the initial deposit is nonrefundable and nontransferable. If a payment is made in error and if a refund is requested as a result of such error, CLIENT understands that Mittun may issue a refund at Mittun’s sole discretion if: absolutely no work has been initiated, worked on or completed and if absolutely no expenses have been accrued in the pursuit of initiating, working on or completing the project. For refunds that are applicable as deemed by Mittun, CLIENT understands that due to the various systems that come into play, it may take up to 30-45 days to issue a refund. Refunds are absolutely not possible once any of the deliverables have been completed. CLIENT  understands that work will not begin until initial payment is received or until the agreement has been signed.

Support Retainer
Mittun requires that all support retainer plans must be paid on a subscription basis, where the payment is deducted online via Auto Pay prior to the month of support being provided. Auto Pay is not applicable for any monthly support retainer plans applied after a new website is launched by Mittun. For all website projects that evolve into monthly retainers (Supercharge, Perform, Impress, Enterprise, Established, and Emerging) the payment terms that are applicable to your website project will apply to your post-launch website support, which typically means net 30 terms unless stated otherwise. For payments that are 45 days late or more, Mittun may pause the support services until the payment is received, at the discretion of Mittun.

A support retainer is a monthly or yearly support subscription where Mittun regularly updates, improves and supports your website for ongoing success, whether Mittun originally built the website or not.

Going “Live” Date

The going “live” date is the date your website, in full or in part, is viewable at a publicly accessible domain (i.e, a non-development domain). This is because in order for a website to be viewable a publicly accessible domain, a valid hosting account must be in place and a domain must be officially registered and active, both of which have independent costs. Please note that a “soft launch” is a marketing term only and if the website is no longer on a development server and is now on a live domain, then the site is considered “live”.

Money Back Guarantee

If stated specifically in your contract and if no custom development or scope changes have occurred after start of work, then after 12 months of going live you are genuinely dissatisfied with your website, Mittun will work with you to come to a resolution to meet the original KPIs. If Mittun fails to come to a solution to meet your agreed KPIs, and both parties are genuinely putting forth legitimate effort to come to a resolution and you still wish to return your new website, you may do so for a full refund on the website-only portion of your project. Extra  development or custom code on proprietary systems may or may not be returned, depending on the integrity of the request. Mittun has the right to refuse the request to refund your website if the request is made from or for illegitimate reasons.

Requests

Website “Requests” is/are an official website-related task (or combination of tasks) that can be completed in under 45 minutes. If several tasks are combined into one long-term task spanning over multiple months, then the additional website support features will not be included. Completion dates for website requests spanning over multiple months cannot be guaranteed. Website requests that take longer than 6 months to complete may be deemed outdated by the time it deploys.

General Pre-Work Disclaimer 
The invoice and proposal is an estimate only and may be subject to change if additional work is requested or if further modifications are needed. We also cannot guarantee the compatibility of WordPress plugins or add-ons that we did not develop or outdated WordPress themes that are no longer supported by the WordPress core framework. You understand that previously used plugins may be outdated and the site may have to incorporate legacy versions to work and/or we may have to implement new solutions. We promise to notify you if any issues or problems arise that may increase our estimate so you can make a decision accordingly. We promise to do our best to get this done as quickly, safely, and as cost-effectively as possible.

Timeline
You also understand and agree that projected timelines and expected launch dates are estimates only and are subject to change, pending when content, feedback, hosting access, website logins and/or payments are received.  If your proposal does not specifically state a guaranteed launch date that is explicitly called out and signed by both parties, then projected milestones & anticipated launch dates are estimates only. Mittun will use all reasonable efforts to complete projects as fast as possible. You also understand that a successful website project requires consistent, positive momentum from both parties and pausing the project for any duration of time voids the projected timeline and work may resume at a mutually agreed timeline at the discretion of Mittun.

Content Lock Date

All projects over the duration of 6 weeks long, require a 3-week content “lock” period prior to going live. This means all content must be handed over to Mittun at least 21 days prior to going live. If the content lock date is not met then the project launch date may be adjusted to be at least 3 weeks after Mittun receives the last piece of content. It is absolutely critical to handover all applicable content as soon as possible to prevent any potential delays.

Release of Liability

CLIENT agrees that Mittun shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise as a result of this project. CLIENT agrees to defend, indemnify and hold harmless Mittun and its proprietors and agents for any loss, damages or costs resulting from any third party claim, action, or demand related to this project. CLIENT understands that Mittun is not responsible in the very rare circumstance that someone/something hacks into the website and/or hosting account. Mittun will pursue all reasonable efforts to resolve the issue and CLIENT agrees that Mittun will not be held accountable for any unauthorized, unwanted, or malicious activities if they happen to occur.

Unrestricted Access + Hosting Details

CLIENT understands that Mittun may require full, unrestricted access to the hosting account & domain registrar prior to the development of the site and CLIENT understands that Mittun may not be able to successfully complete the project as described in the scope of work without your hosting account & domain registrar information. If your website is hosted on a shared hosting environment and you are unable to grant unrestricted access due to security reasons, CLIENT understands that the timeline of the project may be delayed as additional steps will be necessary to achieve the desired results. CLIENT also understands that your hosting account must allow for multiple MySQL databases & direct file access through a file manager to allow Mittun to properly fulfill your request on your domain of choice. In the very rare instance that your hosting account does not include the ability to host multiple WordPress installations, then Mittun can complete the project in one of the following ways:

A.) Assist CLIENT in upgrading and/or purchasing a new hosting account that allows multiple WordPress installations, then build the new website on CLIENT’s hosting account directly, or–

B.) Build the new website on Mittun’s development servers completely independent from CLIENT’s servers, and have Mittun update the live website at the time the project is deemed completed by CLIENT and Mittun, or—

C.) Build the website on Mittun’s development servers completely independent from CLIENT’s servers, and then hand over all files, databases and configuration settings to CLIENT’s IT Staff for CLIENT to implement and launch the website on the CLIENT’s domain of choice.

Please note that if moving forward with option B or option C above, then there will likely be a delay in launching the website by the inherit time it takes to transfer data from one server to another. This is typically less than 72 hours.

Please note that if moving forward with option C above, then it is CLIENT’s sole responsibility to launch the website successfully.

Fundraising & Donor Database Access + CRM Access

CLIENT understands that Mittun may request access to your organization’s fundraising suite, donor database, CRM, mailing list and any other 3rd-party systems that are connected to your website to successfully complete your project. CLIENT understands that Mittun may not be able to complete the project in full or as expected if certain access levels aren’t granted as requested.  If Mittun is unable to achieve the desired results within the access levels provided, CLIENT understands that it is CLIENT’s responsibility to complete that aspect of the deliverables and Mittun will no longer be responsible for completing that aspect of the project. This may include: creating multiple new donation forms, creating new API credentials, exporting data, syncing users from one platform to the next, troubleshooting various aspects within a giving form, and anything else deemed necessary by Mittun to successfully complete the project.

Simply put— it’s better, faster and more fun for everyone involved if Mittun can have unrestricted access to all systems involved with your website.

Deliverables

CLIENT understands that the actual project deliverables may vary from the deliverables outlined on the website sales sheet or proposal if a different website package is selected that does not include the same deliverables. You understand that we may create proposals that outline the deliverables for the project based on our recommended option and you understand that the actual deliverables are completely dependent on which package you decide to pay for and move forward with. Simply put— your package details define the specifics of the deliverables and not all packages are equal.

Mobile: You also understand that the responsive mobile-version of the website will be streamlined for speed & function so certain stylistic & formatting elements of the full site may not be included on the mobile site. 3rd-party Booking/payment Apps: CLIENT understands that the security & functionality of the externally-linked payment-processing platform will be dependent on the 3rd-party payment/booking plugin/application/software used & Mittun is in no way responsible for any activity that occurs on an external site. CLIENT understands that the integration and implementation of such 3rd-party payment/booking plugins may be subject to additional fees for both the application itself as well as Mittun.

Affiliates & Partners

You understand that Mittun may or may not include outside contractors in the design, development and build of your new website. Mittun may also use verified partners to assist in certain elements if deemed a better result than Mittun working solely on our own. Our goal is to give you the best website possible at the best price, without sacrificing quality, design, performance, functionality or security. Partner credit: CLIENT agrees that Mittun will get to have a ‘website by’ credit linking back to www.mittun.com on the bottom of the website that shall remain active & in place for the life of the new website.  This credit can only be removed upon request under specific circumstances agreed beforehand for an additional fee. Payout Credit: Mittun is proud to offer a 5% referral credit in the form of website support or services for all new projects initiated from your website. For example, if another nonprofit organization visits your website and clicks the ‘website by mittun’ link in your footer, and then proceed to engage in a contract with Mittun, CLIENT will receive a 5% payout in the form of support/services credit, once the payment is received. If a $20k project is awarded and the first point of contact can be successfully linked back to your website, then CLIENT will receive $500 in free support and services credit to be used on the current website project. This credit can be used for anything website-related, as long as the work requested is priced at or below the credit available.

Revisions

Every site we do above $3,000 includes revisions as outlined in your proposal. One round of revisions means that you give us a single list of all the changes you’d like to see in the current mockup or clicking prototype. Because this work is done on a timeline, it’s important to sum up all your thoughts and changes in a single place (one call or one email or one Google Doc.), and hand those over to us. If you provide a list of 3 items on Monday, and then 10 items on Tuesday, that is two rounds of revisions. It’s important to consolidate your thoughts quickly so we can keep making progress.

Changes, Scope Creep & Additional Fees

You understand that we are not palm readers, fortune tellers, or predictors of the future. The cost of work may change once we start; this is more likely if you have not given us 100% access prior to initiation of work. We always try to reduce costs as much as possible, but sometimes additional fees come into effect. There is a misconception about what is often included and what is not. Additional fees apply but are not limited to the following items:

– Purchasing an SSL certificate
– Implementing SSL certificate on more than one domain
– Managing & configuring multi-site configurations
– Backing up more than one WordPress installation
– Troubleshooting with hosting support via email, phone, or live chat
– Implementing & importing more than 30 pages of content
– Renaming files and re-saving for web

What You Get

A remarkable WordPress website that works for your audience and helps you to meet your organizational goals, with setup based on current coding and SEO standards, and mobile/retina friendly design.

Strategic advice on how to use your site after launch to grow your audience and organization.

Custom design and strategy from a California-based team with extensive experience building websites. No crappy templates, no junior people, no boilerplate solutions. We only use the best WordPress themes as a starting point to guarantee the best website.

Tracking analytics to measure the effectiveness of your site. Monitored and analyzed for 1-month post-launch unless your contract states otherwise.

Warranties & Support

If some portion of the project does not function as described in this document after the project is completed, Mittun will fix it free of charge within (3) month(s) after the date of completion for any project with a total price of $2k or more. For the WordPress website upgrade program, for Create Nonprofit and for any other project with an initial investment under $2k, this charge-free area will be reduced to 14 full days.  Warranty may become void if website code/data is modified/altered/changed by someone other than Mittun (or affiliated partners) from its original launch state. Modifications to the site beyond the scope of this document will be billed in addition to this quote at Mittun’s current rate when the service is requested. Mittun may or may not waive additional charges if the modifications requested are deemed slight/minor and mandatory. Mittun will never complete a task and/or bill for completing a task without receiving prior consent from CLIENT to do so. Don’t worry, no surprise fees— we’re on your team. But we may require additional payment if your request(s) require additional development or implementation that was not originally discussed.

Privacy Policy & Use of data

Mittun will not sell, distribute or repurpose CLIENT’s data in any way, shape or form outside the use of promotion for Mittun’s work in direct relationship of CLIENT’s website. For example, we may share “yourdomain.com” on our blog if your website is available on the public web. If your website is a private website that is not available to the public web, then we will not share it outside of your requirements. We respect your privacy. We do not store payment information and we will never try to. All payments are processed online at www.mittun.com are securely processed and backed by GoDaddy’s $250,000 SSL insurance policy. Any payment made elsewhere in connection with Mittun will be made through PayPal, Stripe or Freshbooks Payments. All of which encrypt your information. Your data is safe. We may use your email for email notifications, email newsletters and other forms of communication relative to the service you signed up for.  You can asked to be removed at any time. We may use your data as an aggregated whole in combination of other data to accumulate stats, figures and relevant information about our services. We will never give sensitive information away like your phone number or address or email address to anyone outside of our immediate team.

Payment Options

Payment Option 1: Deposit in Full

Deposit: 100% – Due prior to work

Required for all projects with a total of $1,999.99 or less.

A discount of 10% will be applied to any project totaling $3k or more that is paid in full up front. For example, if a project costs $3,000.00 and you pay 100% up front, the price will be reduced to $2,700.00 total. The discount will be applied before payment is made so you will only pay $2,700.00

Payment Option 2: Payment Plan

Deposit: 60% – Due prior to work
Final Payment: 40% – Due prior to site officially going ‘live’

Available for any project totaling $2k or more.

Payment Option 3: Payment Plan

  • Deposit: 50% – Due prior to work
  • 2nd Payment: 30% – Due when site becomes clickable
  • Final Payment: 20% – Due prior to site officially going ‘live’

Available for any project totaling $3k or more.

Payment Option 4: Payment Plan

  • Deposit: 10% – Required to reserve your spot
  • 2nd Payment: 40% – Due prior to start of work
  • 3rd Payment: 30% – Due when clickable prototype
  • Final Payment: 20% – Due prior to site officially going ‘live’

Available for any project totaling $3k or more.

Payment Option 5: Financing

We offer monthly financing options for qualified businesses and nonprofits that have been in business for a minimum of 2 years. A 10% flat-rate fee will be applied and split over 6 months or 12 month terms. Please contact info( @ )mittun.com for more details.

Website Use – Privacy Policy

These Website Terms of Use (“Website Terms” or “Terms of Engagement” or “The Details”) apply to your use of www.mittun.com, all subdomains and subdirectories of Mittun.com and other Internet sites and mobile sites operated by Mittun (collectively, the “Site” or “Website”). When we refer to the Site, we also mean any portion, aspect or feature of our services, products or the Site. The words “you”, “your”, “client”, “the client”, “customer”, “the customer” and “yours” refer to you, as the client/customer and/or as the user of the Site. By visiting or using the Site, you acknowledge and agree that you accept the Site Terms as well as our Privacy Policy. Continued use of the Site constitutes your acceptance of any revisions to the Site Terms and Privacy Policy.

LOGO & BRANDING

TERMS OF ENGAGEMENT

MITTUN will not be held liable or responsible for any unlawful use/alteration of this material, including any copyright/trade mark issues, before or after the completion of this project. By initiating this project, CLIENT confirms that MITTUN is released from all liability & shall not be held responsible for any copyright infringement(s) pertaining to the logo(s), design(s), trademark(s), font(s), graphic(s), photo(s), verbiage used or anything else. CLIENT agrees that the initial deposit is nonrefundable and nontransferable. CLIENT also agrees that MITTUN will get to have unrestricted portfolio rights to showcase the completed designs on mittun.com and all social media outlets once as desired, once completed.

ORIGINALITY & OWNERSHIP

MITTUN promises that all artwork, designs, icons, illustrations— to the best of MITTUN’s knowledge— will be original, unique and created solely for this project. However, CLIENT understands that MITTUN may incorporate non-original elements such as fonts, graphics, photography or royalty-free illustrations if they are available for fair use. 

CLIENT understands that all designs & intellectual property shall remain under the ownership of MITTUN throughout the entire design process and up until the final payment is received & paid in full, with a remaining balance on the account not to exceed $0. When the final payment is received & only once the project is paid in full, all final approved designs/work/assets will become property of CLIENT.  

MITTUN maintains the rights to showcase the public-facing and public-accessible completed visuals as part of our portfolio, case studies and/or other means of marketing on mittun.com and all MITTUN-OWNED domains and subdomains. MITTUN agrees to only share completed work/designs/assets on 3rd-party platforms, social media sites or press-related sites with documented verbal or written consent from the website owner. Once a project is paid for in full, the ownership of all completed work/designs/assets shall be transferred to CLIENT and any re-use of such work/designs/assets by MITTUN outside of mittun.com, mittun-owned sites or its subdomains, must first be approved by CLIENT.

Starting a project automatically grants MITTUN with default permission to share/reuse completed work/designs/assets as deemed appropriate and necessary by MITTUN unless specifically requested otherwise by CLIENT.

MITTUN will never reuse, share or publish exclusive property, trade secrets or proprietary information owned by CLIENT without written or verbal permission to do so.

CLIENT agrees and understands that it is CLIENT’s responsibility to make sure the completed work/designs/assets are available for distribution, commerce and protectable under trademark law.

Unused Designs, Unused Work, Unused Assets (new website projects)

CLIENT agrees and understands that MITTUN will maintain ownership of all preliminary non-chosen, non-used, non-live designs/work/assets and will maintain unrestricted privileges to showcase or share or reuse designs/work/assets as deemed necessary by MITTUN for various marketing efforts to highlight CLIENT or MITTUN in a positive light.

WARRANTIES & SUPPORT

Once the project is ‘completed’ MITTUN will provide all working files (text, images, master layout file, PDFs, Vector files, etc) to CLIENT in the form of a ZIP download. MITTUN will support the project in its initial launch state. This includes the process of sending and receiving files, providing multiple file formats & color variations, and making minor* changes to the completed design if necessary. However, this warranty becomes null and void (60) days after the completion of this project. Modifications to the design(s) beyond the scope of this document, will be billed in addition to this quote at MITTUN’s current rate when the service is requested. MITTUN may or may not waive additional charges if the modifications requested are deemed slight/minor and mandatory.* MITTUN will never complete a task and/or bill for completing a task without receiving prior consent from CLIENT to do so. Don’t worry, no surprise fees. We’re on your team. *Minor changes are to be determined by MITTUN and will be considered on a case-by-case basis. But we’re known to hook it up, so don’t worry.

Additional Sites

The following domains and all applicable subdomains are owned and operated by Mittun, Inc.

mittun.com | mittun.co | mittun.org | mittunmade.com | mittenunited.com | mittuncreative.com | createnonprofit.com | classypress.org | gooddesigns.org

V3.1 — August 1, 2018