Terms of Service

These Terms of Service (hereinafter referred to as the “ToS”) govern all relations between KrakenGeek, having its registered office at 1115 Madison St NE, #1022, Salem, OR 97301 and the public. KrakenGeek reserves the right to modify these ToS at any time.

Acceptance of the quote also constitutes as the full and complete acceptance by the client of the ToS.

The services and products are subject to the general terms and conditions of service and the contractual provisions applicable to these services, accessible at the following link: https://krakengeek.com/terms-of-service/

By making use of KrakenGeek’s services including visiting KrakenGeek’s website, KrakenGeek and you agree that legal actions shall be filed only in Salem, Oregon, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.

By accepting the ToS, the client also agrees to abide by current applicable laws and the following additional terms of use:

Payment Obligations, Renewals, and Cancellations

Standard Hourly Rate: Our standard billable rate is $120 per hour.
Website Development Payment Obligations: 34% of the total balance is required as down payment to begin development of your website, with another 33% being due at halfway point through the project, and the last 33% being due prior to delivery of project. If the total amount is less than $1000, then 50% of the total balance is required as down payment to begin development, with the remainder being due prior to delivery of the project. Final payment is due regardless of whether all content for the pages has been sent by the client. After payment, KrakenGeek will still post outstanding content at no additional charges for no more than 3 months. After the three months have expired, content posted to site will be billable at our standard hourly rate. If design and navigation changes are requested by client after they have been specifically approved by the client, these changes will be billable at our standard hourly rate.
Website Development Cancellation: If site development work has already begun (such as creating a design concept), then payments are non-refundable.
Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Where possible, those assets will be sourced from a royalty-free no-charge repository. Otherwise, stock photography purchased on behalf of client for use in website development is billable. This amount is separate from the amount quoted for website development. Some pictures are more expensive than others, in which case we will solicit client approval and communicate the cost to purchase photos before purchasing.
Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration/renewal and hosting.
1. Domain name registration/renewal: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as mybiz.com, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do to make it easier to manage. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
  1. If you opt to use another company for domain registration, work performed to configure your domain, DNS, nameservers and so forth will be billed at the standard hourly rate.
  2. If you opt to use KrakenGeek for domain registration, aside from the annual fee, there is no charge for work performed to configure your domain, DNS, and so forth for the entire duration of using KrakenGeek as registrar. This work is non-transferable.
  3. If you use KrakenGeek for domain registration and opt to transfer domain outside KrakenGeek, any support provided for the transfer (aside from unlocking the domain) is billable at the standard hourly rate. This is due prior to beginning work.
2. Hosting: This cost recurs monthly on the first of each month. Hosting places the website on a server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do to make it easier to manage. Projects that involve custom programming must be hosted with KrakenGeek to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin work.
  1. If you opt to host your website elsewhere, work performed to bring your hosting environment up to minimum required specs prior to beginning development will be billed at the standard hourly rate.
  2. If you opt to host your website via KrakenGeek, there is no charge for work performed to bring server up to specs.
  3. If you opt to transfer your website to outside hosting, any support provided for the transfer will be billed at the standard hourly rate. This is due prior to beginning work.
3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed on the first of each month unless you cancel by logging into your account at KrakenGeek.com and cancel your subscription. If you have trouble canceling via the website, please send an email to don@krakengeek.com with your notice that you’d like to cancel and the effective date of the termination.
4. Hosting Cancellation Payment Obligations: You may cancel at any time. You will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Accounts that are terminated by KrakenGeek for abuse or violations of internet standards or these terms and conditions will not receive any refund. Phone requests will not constitute acceptance of any cancellation.
5. Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider KrakenGeek can, upon request, assist with this. This will be billed at the standard hourly rate.
6. Sites NOT Hosted by KrakenGeek: Should client decide to host their site on another server, KrakenGeek cannot guarantee that all elements of the site will work. KrakenGeek will make a reasonable effort to research the problem on the external platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If KrakenGeek believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In all cases, working on an external hosting server is billable at the standard hourly rate.
Website Maintenance Fees: There are no required maintenance fees other than domain registration and hosting.
Website Maintenance: We offer what is called managed hosting for those running WordPress instances. Maintenance depends on type of hosting.
1. If a WordPress instance is hosted, then:
  1. Keeping WordPress Core up to date
  2. Keeping WordPress plugins up to date
    1. We take no responsibility for premium plugins purchased by client; we will make every effort to keep them updated, but if the license purchased by the client has lapsed, there is nothing we can do to keep those up to date until that license has been renewed and provided to us.
  3. Keeping WordPress themes up to date
    1. We take no responsibility for premium themes purchased by client; we will make every effort to keep them updated, but if the license purchased by the client has lapsed, there is nothing we can do to keep those up to date until that license has been renewed and provided to us.
  4. Maintaining and monitoring WordPress security
  5. Making backups of websites on a weekly basis, the most recent four backups will be kept
  6. Provide SSL and maintain a grade of A or better as rated by SSLLabs.org
  7. Keep DNS up to date, ensure DNS compatibility with external email platforms
  8. Maintain server operating system and ensure it is kept up to date
2. If an instance is not WordPress then, the following maintenance will be provided at no charge:
  1. Making backups of websites on a weekly basis, the most recent four backups will be kept
  2. Provide SSL and maintain a grade of A or better as rated by SSLLabs.org
  3. Keep DNS up to date, ensure DNS compatibility with external email platforms
  4. Maintain server operating system and ensure it is kept up to date
Website Content Maintenance: For work we do on the site after going live, we charge the standard hourly rate. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your needs, but no plan is required.
Website Content Maintenance Payment Obligations: Prepayment is required prior to beginning work on content maintenance.

Development Process

Design – Once the site design is approved via email by the client, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
Navigation – Once site outline/map is approved via email by the client, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
Content – Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
1. Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
2. Copy development – If the client prefers KrakenGeek to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via KrakenGeek interviewing the client about the topic areas to be addressed on their web pages. KrakenGeek then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
3. Graphical content – Images outside of the website design must be provided in digital form, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by KrakenGeek is billable, unless otherwise provided for in customer’s contract.
Email – We do not offer domain-based email accounts to our clients. However, we are able to set up the client with Google Workspace and configure it for the client at the standard hourly rate. If the site is not hosted by KrakenGeek, we take no responsibility for setting up and troubleshooting email problems.
Training – For websites with administrative control panels or content management systems, a one-hour Basic Training (Editor Access) will be provided. Additional training and/or Advanced Training can be scheduled at the standard hourly rate.
Technical Support – We offer support to our clients via email, video, phone, social media messaging, and text. We even will provide it via postal letter if the client prefers.
1. We can provide support via premium channels that the client prefers, but costs incurred by KrakenGeek for using those premium channels to communicate with the client will be billed to the client. It is however KrakenGeek’s recommendation (and strong preference) to limit communication to free channels such as email.
2. While absolutely fun, we however do not provide support via non-conventional means including (but not limited to) carrier pigeons, smoke signals, telegraph, Morse code, telepathy, and so forth. The client is welcome to try if they insist; there’s no guarantee KrakenGeek will respond to those though!

KrakenGeek Account

In any case, the creation of an User Account at KrakenGeek.com is a prerequisite for any purchase and use of our services.

The data necessary for the creation of Your User Account are detailed during their collection. Your User Account will be associated with the e-mail address you will provide during the process of creating Your Account. An e‑mail address can only be associated with one User Account.

You warrant that the data reported to KrakenGeek is true, complete and up-to-date and that the e-mail address associated with Your User Account is consulted regularly.

The client is prohibited from creating an Account under the identity of a third party. It is exclusively responsible for the confidentiality of its login and password allowing it to use its User Account. Any use of its User Account made through its personal login and password is presumed to have been made by the User or a third party authorized by the User, until its account is disabled.

By using KrakenGeek’s services, the client act on their own behalf or as a third party representative, on behalf of and for themselves and guarantee that they are at least 18 years of age, and are otherwise recognized as being able to form legally binding agreements under applicable law.

Training and Tutorials

Because customer service is in integral part of our business strategy, our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.

Domain Transfers and DNS Management

For domains not originally registered with KrakenGeek, there will be a fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with KrakenGeek, DNS management and troubleshooting tasks are billable at our standard hourly rate.

Websites with Proprietary Source Code

Should client contract with KrakenGeek to write custom code for a website application, this code is transferable to a new developer or host. Custom written source code is considered the property of the client. The client has full responsibility for the code.

In some cases, KrakenGeek will install software for the client’s use that has been built by a third party. Examples include WordPress software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.

Access to or transfer of proprietary source code could result in a security risk to KrakenGeek and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. Neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.

Non-Domain-Based Troubleshooting

KrakenGeek maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites (if we host them and they make use of Google Workspace). We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@charter.net, name@3rivers.net, etc), your home or office internet connections, or any other non-domain-based issues outside KrakenGeek’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our standard hourly rate. We however are not obligated to provide said services.

Account Terminations and Limitations

Hosting Outage: While KrakenGeek does their best to ensure excellent uptime, KrakenGeek is not responsible for website outages.

Reasonable Expectations: We strive toward providing services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the service.

Client Delays: Our completion of the services depends upon the client’s timely feedback and approval. We are not responsible for additional fees, time, or expenses incurred because of delays caused by the client’s lack of or untimely response, feedback or approval.

Limits on Content: We reserve the right to refuse any direction to provide service that encourages the exploitation of children or any activity related to the proliferation of child sexual abuse material (CSAM), contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, encourages or promotes terrorism or other illegal activities, contains illegal content, or for any other reason that we, in our sole discretion, decide. If it is found we are providing service to a client that abuses this clause, KrakenGeek will at their sole discretion terminate service and/or contract and all balances paid to KrakenGeek prior to termination will be nonrefundable. If we also find that the client used our service for illegal purposes, we will cooperate with law enforcement to the fullest extent allowable by law.

No Obligation to Back-Up. While we make every effort to back up the client’s website and will provide those upon request, we will not be responsible for issues with backups, including lack thereof. We also are not obligated to provide backups. We back up all client’s websites; this is not optional.

No Endorsement. We do not endorse any of the clients using our services, and expressly disclaim any and all liability or responsibility from hosting those clients.

Security of Account. The client is responsible for maintaining the security of your account. The client is also solely responsible for the activity that occurs on their account, whether authorized by the client or not. The client must keep their account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to their account. We expressly disclaim any responsibility for liability due to hacking of any websites.

Storage and Security. The client shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. KrakenGeek’s Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your account.

Plug-ins/Add-ons. We have the discretion to use third-party software, add-ons, or plug-ins during the initial build. We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial build. Some feature functionality requests may require paid plug-ins that the customer must purchase, and require additional update minutes to install and set up. You are solely responsible for ensuring your add-ons or plug-ins remain current and are functional.

Definitions

UNLIMITED AND REASONABLE USE. There are references to “unlimited’ on KrakenGeek’s website. The term “unlimited” is subject to reasonable use. KrakenGeek, at its sole and exclusive discretion, determines the definition of reasonable use. Clients deemed to be abusing the service will be contacted by KrakenGeek management. KrakenGeek management retains the sole and absolute discretion to terminate service and contracts if we deem necessary.

OPTIMIZATION AND “CRAZY FAST”. KrakenGeek does their best within reason to keep websites hosted by KrakenGeek fast. Fast is defined by KrakenGeek as being less than 200ms. Time to First Byte (TTFB) is a foundational metric for measuring connection setup time and web server responsiveness in both the lab and the field. It helps identify when a web server is too slow to respond to requests. KrakenGeek however does not guarantee TTFB being below 200ms. KrakenGeek also cannot guarantee performance beyond TTFB as speeds can be impacted by how a site is structured and how they manage their assets — those are beyond KrakenGeek’s control.