Terms of Service
Each time you place an order you agree to the following terms:
The Company
VickyJohnston.com (known as E & R LLC), provides digital media services and website design, and operates from a Utah, USA business registered as E & R LLC.
It is not necessary for any Client to have signed an acceptance of these terms of Service for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms of service carefully. Any purchase or use of these services implies that you have read and accepted our terms of service.
Website services charges are in USD and paid in full on the website before work commences, except in the case where an alternative arrangement has been agreed upon prior to work commencing and paid to E & R LLC. The alternative is a payment structure made in 2 parts. Part 1: 50% of the full website fee is paid before work commences and Part 2: the remaining balance is paid 2 weeks later. This is set up as an automatic payment for a 2 week period and ends after the second payment is completed. A link will be sent to you to make your payment. Your website will go live publicly once the full website fee has been completed. Quotes for custom work are valid for a 30 day period. Prices are based on time and value. I do not offer refunds due to this. Every effort and care is taken to give you a classy and professional website. I will correspond with you throughout the process to keep things looking the best for your brand.
Once your website is complete I offer a zoom training session where I share my screen with you and give you an orientation of your new website. This means you can edit and customize your website the way you want to from there. You don’t have to rely on me to add new content or create blog posts etc. I will set your plugins and new WordPress versions to automatically update so you don’t have to do this manually. This way you have the latest updates, full control and independence with your website, and it means you don’t have ongoing development fees. However, if you decide you want me to further develop your website beyond your package plan, I offer à la carte services at $120/hr or you are welcome to use any wordpress website developer you choose.
The Client agrees to deliver necessary content before work commences or within a timely manner to complete the project within the estimated time frame.
Please note that packages do not include the price of premium plugins, except those noted. Premium plugins tend to be subscription based. I can add any pro plugin you wish and format it but there is an Extra charge for this and you are responsible for the upkeep of the plugin subscription fee – this is the case with the *SEO plugin in the premium package. Your package includes the first year free and you will be billed for each year thereafter, unless you decide to cancel the plugin before the renewal date. Currently it is $99 + tax (subject to change by the provider). SEO is a major benefit to ranking higher on search engines like Google search results. I would not add it if I didn’t think it was highly valuable. I optimize all pages in the Premium plan to boost your website. There is no ongoing fee for the pro forms builder plugin as I have been grandfathered in to this plugin but it is the absolute best form builder that has huge capability including accepting payments, lead generation and linking with an email provider like Mailchimp to create sales funnels. Packages do not include payment processing or email service addons to the form builder but can be added as an Extra, if you think you need it. They take some time and expertise to set up.
I will need access to your hosting provider account in order to set up your domain and hosting with wordpress. You are responsible for your own domain name and hosting fees. Your website may take up to 48 hours to propagate before I gain access to it. Please be prepared for this down time. If you have this already done then I can get right to it. You can use any hosting service provider. I use Hostgator but Bluehost or GoDaddy is just as good. Be sure that your hosting company gives you a secure socket layer (SSL).
Copyrite:
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants VickyJohnston.com (AKA E & R LLC) the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting VickyJohnston.com (AKA E & R LLC) permission and rights for use of the same and agrees to indemnify and hold harmless VickyJohnston.com (AKA E & R LLC) from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to VickyJohnston.com (AKA E & R LLC) that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Information and media that you give me to use on your website or your video must be owned or licensed to you. No copywrited content or plagiarizing can be added to your website. I cannot copy another persons website or include other copywrited content. Content must be your own. You are legally responsible for content you want to include on your website or video. There are various services you can use to find royalty free content. Please ask me.
In terms of timing I need a minimum of 2 weeks to create your website if you choose the Essentials package so long as you have all your content ready. Longer for upgraded packages. For customized web design or if you have questions please contact me.
Indemnity:
All Website and video services may be used for lawful purposes only. You agree to indemnify and hold Vicky Johnston (AKA E & R LLC) from any claims resulting from your use of our service that damages you or any other party.
Disclaimers on video production:
I do not do videos for testimonials, adult or offensive content, fake news, scams, political or religous content, swear words, drugs or dating sites, false medical claims, financial exaggerations, non-legitimate products or services.
I reserve the right to decline any project. This may also be in the case of competing businesses. This would be a conflict of interest.
I cannot impersonate someone. I am acting on behalf of your company and videos do not represent a personal endorsement.
You agree not to use my image to send unsolicited messages.
General Usage & Commercial Use Rights:
Videos are for ‘General Use’ and can be used for your organizations website, social media business accounts, LinkedIn, YouTube/Vimeo accounts and in-house at your place of business. Video packages do not include TV broadcast rights or paid advertising rights (i.e: social media ads, YouTube ads, Google ads, LinkedIn ads, Pay-Per-Click ads or any other type of paid advertising) . You will need to purchase the Commercial Use Rights for a limited time license before using on a paid advertising platform. Penalties for violation of this will be charged 5 (five) times of the Commercial Use Rights rate plus any damages incurred. Rates are offered in 6 month increments.
You can decide to upgrade to ‘Commercial Use Rights’ at any time. This feature is billed separately. As a rule of thumb, the commercial use rights for web based paid advertising for 6 months will reflect the cost of producing the video – to be no less than the cost of the package plan advertised and extra features added.
As an example, if you want to use the video for social media ads for 1 year and the original cost to produce the video was $250 then the commercial use rights will cost you $500 for the 1 year of use. This is called a “limited time buyout”.
TV Broadcast and Streaming Network advertising such as TV commercials are priced at a higher rate. Please request a custom quote for TV Broadcast rights for a limited time license.
Billing:
Payment for orders must be completed before video production commences. You will be sent a link to pay online by credit/debit card.
Prices are in USD. If you are ordering from outside of the USA you may notice a small foreign exchange fee charged separately by your financial institution. Your statement will reflect either my name or E & R LLC.
No refunds are given. Work is based on time I have spent completing your video, the equipment and media assets used.
Video Production:
All packages are clearly outlined and any variance is through purchasing an “Extra” feature or creating a custom order.
Custom outfits are displayed and are subject to change.
Your company shirt can be worn and must be received by me before the order commences to stay in keeping with the order time agreed upon. This is the same for a small hand held product you want me to feature in the video. Clothing or the item may be returned. You will be charged a handling fee plus shipping costs.
Delivery time by default is 5 business days unless you order the 24 or 48 hour turnaround time as an ‘Extra’ and I have the availability to complete within that turnaround time. If you have a custom order with a script that is more than 400 words a new time frame will be quoted and the video will be delivered within the quoted time frame.
The script that you send me must be the final version. Please provide any pronunciations and special instructions when placing your order. I recommend that you read your script out loud first to make sure it flows the way you want it to. I will only read the words you give me.
Revisions are not given at the package prices, but I will correct any mistake I make. Revisions may be given on custom orders if included in the quote.
Scripts should be downloaded as a word document.
I do not offer scriptwriting services but I can proofread and suggest edits to make your script sound and flow better. Refer to the Extra’s section for the script proofreading option.
Background on your video will be white or a solid color unless you have selected the custom background as an ‘Extra’. You can upload your background image on the order form or I can provide you a stock photo.
I cannot do full body shots. Videos are taken from the waist up.
I can produce a video series such as e-learning and training videos but each video is a separate order. One script per order.
I offer one free local 20 minute phone call or video chat consultation on your video. Phone calls and video chats are charged at $50 per half-hour for additional bookings.
Governing Law
This Agreement shall be governed by Utah Law.
Liability
VickyJohnston.com (AKA E & R LLC) hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of VickyJohnston.com (AKA E & R LLC) to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Terms of service are subject to change.
For direct contact please call me at 801-882-9102 or email createsmartwebsites@gmail.com
Last posted: October 31, 2022