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    WEBSITE HOSTING AGREEMENT

    The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which MyMediaMatters Company (hereafter referred to as the “Company”) will provide Web Hosting services on behalf of Client. In consideration of the mutual covenants set forth in this Agreement, Company and Client hereby agree as follows:

    1. Terms     
    Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
    a) Length of Service
    Client agrees to an initial twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
    b) Service Start Date
    The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
    c) Renewal by Client
    This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
     
    2. End User Pricing and Web Hosting Compensation
    End User pricing and Web Hosting Compensation is outlined on Exhibit A, below, and is subject to change at the sole discretion of Company.
     
    3. Terms of Payment
    Terms of payment are C.O.D. unless credit approval has been granted by Company.  If credit approval has been granted, credit terms are net 30 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days. Price estimates are only good for 30 days and any Company price increases will be implemented, even after 50% down payment if Client fails to provide Company with necessary content to begin project within 30 days of payment.

    4. Proprietary Information
    Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
     
    5. Censorship
    Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
     
    6. Warranties
    Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
     
    7. Trademarks and Copyrighted Material
    Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
     
    8. Transfer of Agreement
     Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company.  In the event that Client contemplates whole or partial sale of it's business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.
     
    9. Termination
    Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
     
    10. Disputes
    If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
     
    11. Indemnification
    Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
     
    12. Buy/Sell Business Continuity
    Upon the event of the sale, transfer of ownership or termination of business of MyMediaMatters or upon the death of the owner, Kelsey Wagner, clients will be notified. If business continuity is unavailable, all clients will have rights to immediately terminate their hosting agreements and obtain copies of their website files. All html coding files are kept in an online file storage location and access is protected by a neutral, unaffiliated third party and can be granted upon request of a client.
     
    13. General
    If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Exclusive jurisdiction and venue shall be in Kay County, OK Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.

    14. Website Development Terms
    Client agrees to pay Company a fee that has been presented to Client as a Quickbooks Estimate and digitally approved by Client according to the following terms:
    a) 50% of the estimated price upon execution of the Agreement.
    b) Remaining 50% of payment is due upon Client’s final approval of the website, or 30 days after final communication of completed site has been presented, whichever comes first.
    c) Website development deposits are refundable if requested in the first 30 days after the date that the hosting agreement was signed. 

    15. Website Expectations
    a) All efforts will be made to expedite the completion of your website – however, this timeline depends heavily on the client providing content in a timely matter. We cannot begin development of your site until we have received everything on the list. If we request content that the client does not want included, it is up to the client to inform us to leave it out of the project completely.
    b) While professional photography is included in the website pricing, photography is limited to a one location, one-hour photoshoot. Reshoots or additional photoshoots will be billed separately and any time spent over the one-hour limit beginning at the scheduled shoot time will be billed at $125 for every 15 minutes over the hour
    c) Domain names are registered and owned by MyMediaMatters and are leased by Client unless other arrangements are made. Email hosting can be provided for $20/yr per user upon request. DNS updates or changes are done upon request at no cost to the client.
    d) Client agrees to the pay for all out-of-pocket expenses incurred by Developer in developing the website in connection with any additional work that is outside the scope of the specifications discussed in the Client website consult, including, but without limitation, any:
    License fees
    Outsource services billed for Client
    Film & Developing
    Shipping
    Host costs (for ISP)
    Hardware and software
    Travel
    Photo reshoots
    Logo Design
    Product Photography
    Software Integration
     
    16. Additional Expenses
    In the event that cumulative out-of-scope expenses exceed the original estimate, approval of any additional expenses over $500 shall require Client's advance written approval. Client agrees to pay for the Company's fee and all expenses, as set forth above, within 30 days after Client's receipt of any proper invoice. All website pricing is based on an estimated 20 hours of custom development. Client agrees that any changes Client makes to the Specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of $125.00. At Client's request, Company will provide a not-to-exceed quotation for any requested additional work, based on this hourly rate. If such quotation is accepted by Client, Company will perform the work according to the additional specifications at the specified hourly rate, subject to the quoted cap. Client agrees that estimated yearly maintenance costs and hosting fees are not included in the quoted price for the website. Client agrees that the website will not be submitted to nor allowed access to by Internet search engines until Client accepts all milestones in writing and all payments have been made.
     
    17. Website Maintenance Plan *Required for all websites
    BASIC ADMIN PLAN - Client agrees to pay MyMediaMatters a fee of $1200 annually for the Admin Hosting Plan which includes 12 months of hosting on a web server and up to 2 hours of website edits per month. This plan includes monthly website traffic and SEO reports. Any website edits over the allowed 2 hours per month will be billed at an hourly rate of $125. 

    17. Project Abandonment
    Projects will be considered abandoned if Client is unresponsive to communications from Company for a period of 365 days.
    New Support Policy/Effective January 1, 2022
    In an effort to more quickly and effectively complete website edits and to better serve our clients, MyMediaMatters is revamping the way we intake and manage technical support issues. Effective January 1, 2022, all website edits, email support and technical problems will need to be emailed to [email protected] or can be submitted via our website help widget at www.mymediamatters.com. Once a client has submitted the technical support issue, the system will automatically assign a ticket number, and will also assign the issue to the next available agent. All open tickets will be resolved within 5 business days. Because the hours and availability of support technicians changes on a weekly basis, this new system will ensure that all support tickets are handled as soon as possible and in the allotted time frame.
    ​
     
    Admin Plan Edits (included)
    Text Changes
    Adding Paragraphs of text
    Adding/Removing Photos
    Adding/Changing Links
    Re-arranging content within a page
    Adding/Removing 1 page
     
    Comprehensive Design Changes (Not included in Admin plan)
    Changing Website Colors
    Changing the overall style of the page
    Adding 2+ pages
    Adding Ecommerce Stores
    Integrating new software
    ​
    Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their typed signature below:
     
    EXECUTED as of the date first written above.

    By: MyMediaMatters
    Signature: Kelsey Wagner
MyMediaMatters, LLC is a woman-owned small business and owns and operates Ponca City Monthly.
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