Terms & Conditions
By signing up for the MyStaycationBuilder service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time. Small Screen Producer reserves the right to update and change the Terms of Service by posting updates and changes to the MyStaycationBuilder website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Billing and Payment:
Client (known as client) shall pay Small Screen Producer in the amounts set forth in the Fees section plus applicable taxes if residing in the state of Texas. $249.00 due at signing, plus the contracted rate monthly service rate.
There are no refunds on funds already paid to Small Screen Producer for work rendered.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Small Screen Producer of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Small Screen Producer’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
- Late Payment
All invoices must be paid on or before the invoice due date. Any invoice that is outstanding for more than five (5) business days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Small Screen Producer may suspend or terminate your account and pursue the collection costs incurred by Small Screen Producer, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Small Screen Producer will not activate new orders for customers who have an outstanding balance on their account..
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Small Screen Producer may report any such misuse or fraudulent use, as determined in Small Screen Producer’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- Price Change
Small Screen Producer reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Small Screen Producer through the user dashboard or through other methods of communication, including notices sent or posted by Small Screen Producer.
The Client must provide all of the assets in a digital format, i.e. JPG, GIF, TIFF or another compatible format. Client must provide its logo if Small Screen Producer is not contracted to create one.
Scope of Work:
Client understands that the MyStaycationBuilder platform includes a specific number of pages, features and/or functionality as demonstrated in the Test Drive area and/or Specifications Summary on http://www.mystaycationbuilder.com, which lists the specific features and functionality. MyStaycationBuilder only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the MyStaycationBuilder. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements. Client shall provide all of the content for the project before Small Screen Producer can begin work.
Liability for Errors:
Small Screen Producer is not liable for Client errors. The Client is responsible for all spelling, grammar, punctuation and the content of the copy, unless Small Screen Producer is contracted for that specific purpose. If in the course of production, Small Screen Producer creates an error that would adversely affect the effectiveness of the project, Small Screen Producer shall fix the error at its expense.
Client’ agrees that ‘Provider’ may put a small byline link on the bottom of the MyStaycationBuilder client portal establishing authorship credit.
Account Security and Systems:
The Services, including all related equipment, networks and network devices are provided only for Small Screen Producer use. Client will never be given direct access to original data or equipment.
- Small Screen Producer may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Small Screen Producer may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Small Screen Producer of an issue, we reserve the right to leave access to services disabled.
- Small Screen Producer reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Limitation of Liability
IN NO EVENT WILL SMALL SCREEN PRODUCER ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SMALL SCREEN PRODUCER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMALL SCREEN PRODUCER’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SMALLS SCREEN PRODUCER FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Small Screen Producer shall not be responsible for any damages your business may suffer. Small Screen Producer makes no warranties of any kind, expressed or implied for the Services. Small Screen Producer disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Small Screen Producer, our employees, or our third-party vendors.
Backups and Data Loss
Your use of the Services is at your sole risk. Small Screen Producer’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at any time at Small Screen Producer’s sole discretion. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data shared with Client.
This Agreement is made in according to the laws of the State of Texas. The Parties expressly agree that this Agreement is governed by, and will be construed and enforced in accordance with Texas law. In the event either party files suit to enforce this Agreement, venue shall be exclusive to the State of Texas