Skytop Digital LLC requires the designation of one point of contact from you for day-to-day communications. Unfortunately two POC are not acceptable. This person will be responsible for:
Gathering your company’s data, files, or other content required for or by us.
Attending conference calls or meetings at any needed intervals with us.
Receiving, distributing, or coordinating internal communications with your team or other interested parties regarding our projects’ status.
Exclusively receive all communications from Skytop unless another individual is expressly designated in the Service Agreement as an alternative or jointed point of contact for your company.
Skytop reserves the right to contact other relevant members of your staff as we might also consider them suitable points of contact.
There will be a legal presumption that any person is your company’s point of contact and is legally authorized to make decisions on your company’s behalf if:
They hold themselves out as representing your company’s interests.
They have contacted us or have been contacted by us in the past regarding our services.
They are an active member of your staff or are still being publicly designated as such in any of your platforms (website, social media profiles, internal or external documents, etc.)
Thus, we will proceed with work authorized or approved by any of your qualifying points of contact. You will be held responsible for payment for such work and any liabilities deriving from any authorized or approved work we executed.
As such, Skytop Digital LLC will move forward with work authorized by this point of contact, and the Client shall be responsible for payment for such services.
You are responsible for any deadline(s) associated with Skytop’s services and the overall performance of our deliverables — which may include but are not limited to deadlines for providing our services, changes, or approvals.
We are not responsible for late deliverables resulting from your failure to meet our deadlines, requests, or requirements.
You also understand and agree that all deadlines might be delayed if you request extra work. You also understand and agree that you will be responsible for such delays and any additional fees that might derivate from it. Extra work is constituted but not limited to:
Changes to the scope of our services.
Additional deliverables requested by you.
Changes that require more than our advised rounds of revisions if such changes are requested by you.
Any work that wasn’t explicitly outlined in the agreement, as long as it was requested or suggested by you.
Extra work might be present at any stage of a project.
Skytop will not be considered to have failed to meet the deadline outlined in the initial agreement for that project.
Unless otherwise explicitly stated as a part of the deliverables in the Service Agreement, the Client is responsible for providing all content necessary for Skytop Digital LLC’s performance of the deliverables, including but not limited to written copy, logos, photographs, video, music, fonts and/or other materials. The pricing reflected in your Service Agreement with Skytop Digital LLC assumes that content will be readily provided to Skytop Digital LLC in a manner specified by Skytop Digital LLC, in an acceptable format(s), and that Skytop Digital LLC will not be required to pull content from another Client website(s), follow up with prior vendors of Client, find content from third party sources or otherwise spend time obtaining, aggregating or organizing content on Client’s behalf. In situations where Skytop Digital LLC must locate, aggregate, organize or create content on the Client’s behalf, the Client will be charged for such additional time at a rate of $80/hour. Logos, graphics, and/or photographic images should be supplied in an acceptable electronic format, such as a high-resolution jpeg.
If the written copy is not addressed in the Service Agreement and the Client requires Skytop Digital LLC to write copy for inclusion in the deliverables, the cost is $80 per hour. In the case where the Client is responsible for the written content required but has failed to provide it, not allowing to perform the deliverables under this Agreement, Skytop Digital LLC, therefore, must obtain written content from other sources. Skytop Digital LLC disclaims any warranties over the accuracy and reliability of any such information. Client warrants and agrees that it shall be solely responsible for reviewing the accuracy of all written content provided by Skytop Digital LLC in connection with its provision of the deliverables before publication. The client must ensure that the content is factually accurate and not false or misleading.
When the Client is providing content, the Client shall be responsible for obtaining all required licenses, permission and/or approvals for the use of such content. Client warrants and agrees that where it has provided content to Skytop Digital LLC, it has the full legal authority to use such content or has obtained the required licenses, permissions, approvals, and/or warrants that such content is not in violation of any third party’s copyright(s), trade, service marks or other intellectual property rights. Further, the client assumes responsibility for the accuracy, spelling, and truthfulness of all content provided to Skytop Digital LLC. All client-provided content, including all pre-existing trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection therewith. The client hereby grants a non-exclusive and non-transferable license to use Skytop Digital LLC to reproduce and modify the Client Content solely in connection with Skytop Digital LLC’s performance of the services and the production of the deliverables.
Where Skytop Digital LLC has agreed to develop a service (e.g., website, mobile app, social media content, email template, etc.), such deliverables may require the purchase or licenses of specific items (e.g., fonts, photographs, audiovisual elements, APIs, plug-ins, or others) from a third party. The cost of the same is NOT included in the pricing set forth in your Service Agreement with Skytop Digital LLC. The client on their own may either purchase or license those items; otherwise, Skytop Digital LLC may purchase or license them on the Client’s behalf. If the Client has not specified that it would like to license these items on its own, Skytop Digital LLC will assume that it should license them and will invoice the Client for the same. Third-party items that Client (or Skytop Digital LLC on behalf of Client) licenses from a third party to be placed on deliverables created by Skytop Digital LLC for Client will not be owned by Client. The client should not use such content in other formats (e.g., print materials or promotional items); otherwise, the use of such content is inconsistent with the third party’s terms of licensing such use. Upon request, Skytop Digital LLC will provide the Client with a listing of third-party content used in the deliverables and the source(s) of such content so that the Client may review the licensing requirements associated with that content.
If the Client requests additional work not included in the original scope of the Service Agreement, the Client will be responsible for all extra charges. Scope changes include but are not limited to additional design comps, additional rounds of revision, additional copyrighting and edits, additional video edits, changes to website or web application functionality, the addition of plug-ins, or other technical capabilities.
In the following cases, every change order request will be deemed as a change order request for which payment will be required. If a Change Order form or amendment to the Service Agreement is not completed, or if the Client’s emailed or verbal requests any work not included in the original scope of the Service Agreement.
The pricing for the scope change will be the amount set forth in an email or verbal communication between the Client and Skytop Digital LLC or in a Change Order form. If no amount has been specified, the Client will be billed with a rate of $80/hour.
The client will be billed for all third party costs, including but not limited to domain name purchases and renewals, ESP (email service provider platforms) such as Mailchimp or ConstantContact, CMS (content management system) licenses such as WordPress or Joomla, social media advertising platforms and telephone and SMS messaging platforms. Some providers charge based on the volume of the number of emails sent, posts, ads placed, calls made or messages sent. The client will be charged for any overages caused by the Client’s exceeding a specified number of emails and messages send, posts, ads, and the like.
Where Skytop Digital LLC has purchased licenses from third parties on behalf of Client and Client seeks to terminate the arrangement prior to the expiration of the term required for same, Client shall be responsible for all applicable cancellation fees required from those third parties and also shall be accountable for Skytop Digital LLC’s time spent having to process such cancellations at the rate of $80/hour.
Skytop Digital Services will provide two (2) options and accept two (2) reviews in branding plans. More modifications will incur charges at the rate of $80 /hour.
If the Client has engaged Skytop Digital LLC to assist with business name selection, logo, or slogan creation, please be advised that Skytop Digital LLC does not provide advisory related to intellectual property. Skytop Digital LLC can not provide legal advice to its clients and encourages the Client to retain an attorney to assist in this process. The client is responsible for:
Search trademarks or other databases to ensure the name or mark is not already being used.
Provide information on if it is or is not available to be trademarked.
Advise whether a contemplated name or mark is legally available.
Unless specified otherwise in the Service Agreement, payments will be due upon receipt of the invoice, and all ongoing monthly program costs will be billed for that month’s services on the first day of the month. Quarterly, monthly or yearly website hosting costs will be billed the month prior to the start of the quarter. Billing for media spending will be on the first of the month in the month prior to when the spending is to occur.
In the case where Client has terminated a Service Agreement involving recurring monthly program costs or a marketing retainer. When the client has a pricing different than month to month, the client is responsible to pay the remaining months until the fullfillment of the length of the contract. Example: if you get a plan for six months and you wish to cancel.
All payments made to Skytop Digital LLC shall be in U.S. Dollars in the form of a company check, cashier’s checks, credit card, or electronic wire transfers. Payments not made within 15 days of the invoice date may be subject to late charges equal to the lesser of i) one and one-half percent (1.5%) per month of the overdue amount; or ii) the maximum amount permitted under applicable law.
If Client fails to timely pay the amounts due during the development or delivery of the deliverables under this paragraph and/or the payment terms set forth in the Services Agreement, Skytop Digital LLC retains the right to stop work and/or suspend services after five (5) days written notice (email communication sufficient) until payment is made. Further, Skytop Digital LLC shall retain full ownership over the deliverables (whether completed or not) until full payment is received. The client shall reimburse Skytop Digital LLC for travel and any related expenses. Skytop Digital LLC will advise the Client if travel expenses are expected to exceed $100.
The Client agrees to indemnify and hold harmless Skytop Digital LLC, its owners, and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs). These arise or relate to Skytop Digital LLC’s use of materials furnished by the Client (including but not limited to logos, slogans, trademarks, written content, photographs, video, music, and fonts). Information or data obtained by us from you to substantiate claims made in marketing deliverables shall also be deemed to be “materials furnished by you.” Such claims may include claims for invasion of privacy, defamation, patent, trademark copyright, or other intellectual property claims.
Additionally, the Client agrees to indemnify and hold harmless Skytop Digital LLC, its owners, and employees against any and all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications and the like that Client has generated and has asked Skytop Digital LLC to develop or implement (e.g., if the Client has an idea for a web application, we develop it. Later, it was determined that the application’s functionality violated another company’s patent. You will indemnify Skytop Digital LLC for any claims instituted by the third party).
Skytop Digital LLC does not take responsibility for determining whether your business ideas, business plans, concepts, or innovations may interfere with another party’s rights or are otherwise in compliance with applicable law. You warrant that any business ideas, business plans, concepts, or innovations you have presented to Skytop Digital LLC and asked Skytop Digital LLC to create deliverables are compliant with applicable federal, state and local laws, rules, and regulations.
We are available from 9 am to 5 pm EST Tuesday to Friday. We strive to have a work-life balance. We implemented a 4-day week like many other companies across the globe. The cut of time for any request is 2 pm EST of each day. If a request is submitted after this time, it will be processed on the following business day.
When you reach out to us, we try to reply to requests within 48 hours during business hours. Please understand that we occasionally experience a high volume of submissions, especially during the first week of each month, which can increase our response time to 72 hours. Please note that response time and resolution time are not the same things. Although we try to resolve requests upon the first response, if your request requires extensive time and/or is outside of the scope of our strategy, this can sometimes take a few days and may be billable.
All calls with Skytop Digital Services must be held at a computer, with reliable internet in an environment free of distractions. If we have any connectivity issues or problems hearing you due to the background noise, or similar, we will kindly ask that we reschedule the call so we can make it as productive and efficient as possible for everyone involved.
All our calls may be recorded, and an access to the call recording will be provided to you when requested. However, we strongly recommend you take detailed notes in case there is an issue with the call recording, which can happen
In no event shall skytop digital llc be liable to client for any direct, special, indirect, or consequential damages, including but not limited to loss of use, loss of profits, loss of data, or losses as a result of disclosure of user content or other data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with skytop digital llc’s products or services. in no event shall the aggregate liability of skytop exceed any compensation paid by you to skytop for its products or services.
The products and services are provided on an “as is” and “as available” basis and Skytop expressly disclaims all other warranties, express and implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Skytop Digital LLC strives to exceed Client expectations; however, since marketing results can be influenced by various external forces outside of Skytop Digital LLC’s control, Skytop Digital LLC cannot guarantee specific results or return on investment. Notwithstanding the foregoing, if the deliverables to be provided to Client under the Service Agreement were custom web application development, Skytop Digital LLC does warrant that any programming code developed by Skytop Digital LLC as part of its deliverables shall be free of ‘bugs’ for 90 days after the go-live date. For purposes of this paragraph, ‘bugs’ are defined as programming errors that make the application unable to function in a manner specified by the Service Agreement and do not include upgrades or enhancements to the functionality, or graphic design changes.
Further, Skytop Digital LLC shall have no responsibility to fix any ‘bugs’ that arise after the go-live date where: i) the Client or Client’s designees have gone into the back-end code and made changes, or ii) a third-party component that has been made a part of the deliverables has been updated or changed by the third party component owner after the go-live date. By way of example, if a web application contains a third-party content management system (e.g., Umbraco, Drupal, Joomla, or WordPress) and changes to that system result in the inability of the Skytop Digital LLC to code or interact with the system appropriately. Skytop Digital LLC shall not be responsible for fixing the same. The Client may request additional programming work under a separate contract at the current billing rates regarding the above.
Unless otherwise explicitly noted in the Service Agreement, Skytop Digital LLC does not warrant that any deliverables, including but not limited to websites designed for the Client are accessible, Section 508 or ADA-compliant. The development of an accessible website must be expressly agreed to in the Service Agreement.