This page describes our services and service limitations. This agreement is subject to change. Your invoice contains a link to this page and payment of each monthly invoice is your consent to these policies. Please review this page regularly so that you understand our services and the limitations of our services.
This page was last updated on December 19, 2023 10:07 AM (CST).
Definitions
You: The person named on the invoice we generate for the website to be worked on.
Representative: Someone you have instructed us to accept direction from in regard to the website to be worked on.
Business: A legally registered business that owns or is represented by the website to be worked on.
Brand: The name represented by the website to be worked on, whether registered with a government agency or not.
Gap Creek Media: Gap Creek Media is a fictitious name registered with the state of Florida by Amanda Angell and Richard Gates.
We: Amanda Angell and Richard Gates, also represented as Gap Creek Media.
Description of Service
We provide a managed platform based on the WordPress content management system that is designed for local small businesses that want to invest in a content marketing strategy. This includes the provision of the necessary hosting and software, software updates, backups, and security scans. Monthly payments for these services are a prerequisite to receiving other services offered by Gap Creek Media.
We provide copywriting and media file optimization services packaged with publishing and distribution strategies designed for content marketing and search engine optimization. Placement and distribution of copywriting and optimized media are bundled in the pricing for each service.
Terms of Service
For us to perform the services requested, you as an owner or representative of the brand or business agree to the following terms of service.
WordPress Configuration Requirements
Websites are required to allow for modifications to the wp-config file and default functionality in accordance with the add_filter sections of the WordPress documentation. For full disclosure see the GitHub repository pertaining to add_filter modifications to the website, or the wp-config file.
Privacy Policy for Managed Websites
We provide a privacy policy for managed website to the end users (website visitors) of your website. A link to the policy is provided in the Privacy Policy page provided on your website. The policy recognizes our access to the data stored on your website, the reasons we have access to the data, and a notice that we do not share or sell this information to anyone for any reason. Please read our Privacy Policy for Managed Websites.
Account Access
You as an owner or representative of the brand or business agree to provide account access to Gap Creek Media, or it's representatives for the accounts associated with the service requested on behalf of the brand or business you own or represent. Accounts we may need to access can be found on our Social Networks, Business Listings, and Map Listings pages, as well as access to edit your domain's DNS records.
Third Parties
You as an owner or representative of the brand or business agree to allow Gap Creek Media to utilize third parties to facilitate or complete the work requested on behalf of the brand or business you own or represent. Please see our Third-Party Services page for a current list.
Personal Data
Due to government regulations regarding personal data, we limit the collection and transmission of personally identifiable information to the following:
- Full Name
- Email Address
- Phone Number
- IP Address
- Driver License Number
- Physical Address
- Mailing Address
- Shipping Address
- Transaction History (E-Commerce)
- US Worker Eligibility (Yes or No)
- Work accommodation requirements (Yes or No)
- Previous employer information
Personal Data Storage
Storage of personal data on servers managed by Gap Creek Media is restricted to the following:
- Full Name
- Email Address
- Phone Number
- Physical Address
- Mailing Address
- Shipping Address
- Transaction History (E-Commerce)
- IP Address
Refund Policy
We do not offer full or partial refunds for any reason unless we decide to decline further service to you, your business, or representatives of your brand or business. If we decline future service, we will provide a refund for any service that has not yet been rendered, not including the monthly service fee of $100. Once an invoice is paid, you can accept or refuse the work. If you are dissatisfied with our work, you may cancel our services at any time.
Billing
We bill monthly on the 20th of each month for the following month of service to begin on the first day of each month. We do not charge late fees and there are no automatic cutoffs for late payment. We ask that you be on time with your payments and negotiate how to proceed with overdue payments on a case-by-case basis. We cannot continue service after 90 days of non-payment.
Cancellation Policy
Our service is provided as-is on a month-to-month billing cycle. We do not require or offer contracts, and you are free to cancel at any time. You may provide our contact information to the necessary parties in order to facilitate the migration of your services. Please notify us of when you are cancelling services with Gap Creek Media so that the proper steps are taken when cancelling services.
Assistance is available to you at no additional charge in the migration process to another website host as a management service included in your monthly invoice. Once your website is migrated it is your responsibility to remove our user accounts from your website.
Removing your website from the internet includes parking the domain and ending hosting. In a removal scenario you will be provided with a backup copy of your website. Your data will be unrecoverable once the Google Cloud Virtual Machine Instance we manage for your website is deleted.
Once you have canceled your service with us, access to our licenses and API keys will be withdrawn so it is important that you include obtaining these in your migration plan. Ask about this if you decide to cancel our services.
GeoBlocking
In accordance with the OFAC sanctions list, in addition to our comfortable level of risk tolerance and our voluntary position on social responsibility, the following countries are blocked from accessing websites we manage:
GeoBlocking
In accordance with the OFAC sanctions list, in addition to our comfortable level of risk tolerance and our voluntary position on social responsibility, the following countries are blocked from accessing websites we manage:
- Afghanistan
- Belarus
- Central African Republic
- China
- Cuba
- Ethiopia
- Hong Kong
- Iran
- Lebanon
- Libya
- Myanmar
- North Korea
- Russia
- Saudi Arabia
-
South Sudan
- Sudan
- Syria
- Yemen
- Zimbabwe
- Afghanistan
- Belarus
- Central African Republic
- China
- Cuba
- Ethiopia
- Hong Kong
- Iran
- Lebanon
- Libya
- Myanmar
- North Korea
- Russia
- Saudi Arabia
-
South Sudan
- Sudan
- Syria
- Yemen
- Zimbabwe
Rights & Responsibilities
Privacy Policy & Terms of Service
We do not provide a guarantee or legal review of the basic Privacy Policy provided on your website. As a website owner, it is your responsibility to seek and obtain a legal review of a Privacy Policy that protects you and your business.
A basic Privacy Policy page is provided based on suggestions and guidance from each of the software vendors that we make use of within the scope of our services. Likewise, the basic Terms of Service page we provide is based on suggestions and guidance from each of the software vendors that we make use of within the scope of our services.
Furthermore, we provide the required point of contact on each website that is required by law for website visitors to request any personal information collected while visiting the website to be presented to the individual or permanently deleted. We provide the necessary point of contact on a Technical Support page on each website that contains a contact form that emails the details to our inbox, which we will then promptly report to you in addition to taking the necessary steps to comply with the request.
Clients choosing to use software that is not on our Third-Party Services list and that analyzes, collects, or transmits website visitor data is responsible for ensuring all legal requirements have been satisfied, including legal review of Privacy Policy and compliance with all applicable privacy laws. Clients are responsible for complying with all legal requirements for the collection of personal and financial or banking information.
Email & Phone Number
We provide one free branded email address for our monthly clients. The contact form on your website and other communications will go to your branded email account. You may manage the number of email accounts you would like by contacting us. See our Pricing page for pricing information. Email accounts are hosted on Rackspace.
Your business phone number is required for setting up business listings and for local business structured data on your website.
Media Files & Copyright
We will not upload or manage images that were not produced by you, an employee, or a representative of your business without written consent and upload a PDF with the image as proof of licensing to use the copy. We will also remove any image posted by you, an employee, or representatives of your business if we feel there is any legal liability involved with the media file(s) in question.
Domain Name Ownership
Clients are responsible for the ownership and maintaining of their domain name, including updating owner information, registration privacy, and making necessary payments to the registrar in order to maintain ownership of the domain name for the website(s) in question.
Third Party Software
Clients that choose to use software that is not listed on our page for Third-Party Services are responsible for any cost resulting from the use of that software, including monthly or annual licensing fees, and will not be covered by what you pay us. Please be sure to keep track of the username and password for your product accounts. We do not retain usernames and passwords for third-party software or services relating to the website.
Clients choosing to use software that we do not provide and that analyzes, collects, or transmits website visitor data is responsible for ensuring all legal requirements have been satisfied, including legal review of Privacy Policy. Clients are responsible for complying with all legal requirements for the collection of personal and financial or banking information.
We reserve the right to refuse installation of any theme, plugin, add-on, code or script as we see fit and for any reason. We also reserve the right to refuse to upload or download any file as we see fit and for any reason. This policy is in place to ensure compliance with all applicable laws, to protect us from liability, to ensure only well-maintained software is used, to provide a standard platform that we can teach employees and representatives to use, and to produce reliable results.
E-Commerce
We require clients that have E-Commerce stores to have a wordpress.com account to connect with WooCommerce and Jetpack free services (Contact us for settings requirements).
- Payment Gateway
We recommend using the native WooCommerce payment gateways maintained by WooCommerce for continuity and reliability. You will need to set up, manage, and maintain your account with your payment processor. Though we do configure the software to connect your E-Commerce website to your payment processor, we do not manage the payment services or accounts.
- Privacy Concerns
E-Commerce websites require visitors to provide personal and banking or financial information and as a result we require any business that wants to engage in E-Commerce activity though any website we manage to obtain legal review for a Privacy Policy. Clients are responsible for complying with all legal requirements for the collection of personal and financial or banking information.
Backups
We produce and store backups every time changes are made to your website. You may request a set of fully transferable backup files of your website at any time. The files can be migrated to any hosting service that supports WordPress. We do not provide real-time backups which we require for ecommerce websites.
Clients with ecommerce websites that do not provide their own realtime backups and security will be issued a Jetpack License with a minimum of the Web Application Firewall and VaultPress Real-Time Backups. The license cost will be added to your invoice, the total price of which will be set according to our Jetpack Agency discounted pricing. Additional Jetpack services may be requested at any time, aslo at cost.
Limitation of Liability
Gap Creek Media provides web presence management services. We do not take or retain ownership of accounts on behalf of clients. We expect clients to familiarize themselves with their online accounts and assets and to familiarize themselves with the Terms of Service for each entity as we do not provide end-point services.
Force Majeure
You as an owner or representative of the brand or business agree not to hold Gap Creek Media or its representatives responsible for forces outside of our control, including but not limited to natural disasters, the functioning of government, social unrest, or acts of God.
Errors and Omissions
You agree on behalf of the brand or business you own or represent to be the responsible party for the legality and accuracy of the content in the website(s) or third-party platforms registered to the brand or business you own or represent. You as an owner or representative of the brand or business also agree to review and take ownership of all content produced, published, and distributed as a result of our services on behalf of the brand or business you own or represent.
Personal Data
You as an owner or representative of the brand or business are responsible for compliance with all applicable privacy laws and any personal information that is collected through services rendered on behalf of the brand or business you own or represent. You as an owner or representative of the brand or business also agree not to hold Gap Creek Media, or its representatives, responsible for the breach, exposure, or loss of personal data.
Third Parties
Though we will do everything in our power to mitigate any failure of service, you as an owner or representative of the brand or business agrees not to hold Gap Creek Media, or it's representatives responsible for the failure of third parties to produce or render service. You as an owner or representative of the brand or business also agree not to hold Gap Creek Media or its representatives responsible for the breach, exposure, or loss of personal data by third parties.
No Guarantee
We do not guarantee any outcomes as a result of our services. You acknowledge that our services provide aid to businesses in managing the logistical and technical hurdles of maintaining an online presence and that results vary, depending on several factors, including decisions made by the client.