Terms Terms of
Service

By accessing or using Crafto Agency's services, you agree to be bound by our Terms and Conditions. These terms govern your use of our website, services, and any related agreements.

Terms & Conditions

Effective Date: Jan 17, 2025
Last Updated: Jan 17, 2025

1. Definitions and Interpretations

1.1 Key Terms

"Critical Issues" : Defined as:

Complete website downtime (100% inaccessibility)
Payment system failures preventing all transactions
Security breaches compromising user data
Server outages affecting all services
Any situation where the inability to use services results in severe business disruption, including loss of customer transactions
System performance degradation significantly impacting service usability

"Service Level Agreement (SLA)" : Measurable metrics including:

Uptime: Uptime: 98.5% measured monthly during business hours (9 AM - 5 PM PST), excluding scheduled maintenance
Response times: As specified in Section 4.1
Resolution timeframes: Defined per priority level
Performance benchmarks: Ensuring optimal operational efficiency, including scheduled maintenance windows and client impact assessment
Disaster Recovery Procedures: Defined failover and backup response mechanisms

"Statement of Work (SOW)" : A detailed document that includes:

Specific deliverables and timelines
Project milestones and acceptance criteria
Payment schedules and terms
Client responsibilities and requirements
Specific exclusions or limitations of service
Modification procedures and approval process
Dependencies on third-party tools, APIs, or external platforms
Data security and compliance requirements

2. Scope of Services

2.1 Service Framework

While these Terms outline our general service offerings, specific services will be detailed in individual Statements of Work (SOW). Each SOW will:

Define exact deliverables and specifications
Establish project timelines and milestones
Set acceptance criteria and testing procedures
Specify any service-specific terms or conditions
Define service modifications or enhancements requested by the client
Outline specific disclaimers, third-party dependencies, and industry-standard compliance requirements
Detail responsibilities for hosting, backup, and maintenance services
Define data retention policies and service transition procedures
Include supported browser versions, mobile compatibility, and API usage limitations

2.2 Service Modifications

Crafto Agency reserves the right to:

Modify service offerings with 30 days' notice
Update service specifications to reflect industry standards
Discontinue specific services with adequate transition support
Adjust pricing models in response to market conditions or operational costs
Introduce new technologies or service enhancements with client notification
Implement security patches and system upgrades without prior approval if critical to system integrity
Amend operational processes to align with compliance and regulatory changes
Define system performance criteria and SLA adherence requirements

3. User Responsibilities and Obligations

3.1 Client Commitments

Clients explicitly agree to:

Timeline Adherence:

Provide feedback within 5 business days
Review deliverables within specified timeframes
Meet content submission deadlines
Attend scheduled project meetings
Approve project phases in a timely manner
Provide required materials, credentials, and permissions promptly
Notify Crafto Agency of any anticipated delays impacting project timelines

Content Requirements:

Supply content in approved formats
Ensure content ownership/rights
Verify content accuracy and compliance
Ensure content does not violate third-party intellectual property rights
Indemnify Crafto Agency against claims related to copyright infringement
Provide secure access credentials for required integrations and third-party services
Acknowledge that Crafto Agency is not responsible for third-party API changes affecting functionality
Provide warranty that all client-provided content adheres to applicable laws

Project Collaboration:

Designate a primary point of contact
Maintain active communication
Provide necessary access and credentials
Participate in testing phases
Engage in review meetings to assess progress
Notify Crafto Agency of any significant business changes that may impact the project
Refrain from soliciting Crafto Agency employees for employment opportunities during and within one year after project completion

4. Project Management and Quality Assurance

4.1 Project Management Procedures

Change Request Management:
- All changes to project scope require written approval
- Change requests will be evaluated within 5 business days
- Additional costs will be quoted before implementation
- Timeline impacts will be clearly documented
Quality Assurance Process:
- Systematic testing on multiple devices and browsers
- Performance testing under various load conditions
- Security vulnerability assessments
- Compliance with Web Content Accessibility Guidelines (WCAG)
Project Milestones:
- Formal milestone approval process
- Written sign-off requirements
- Progress reporting schedule
- Escalation procedures for delays

4.2 Acceptance Criteria

Deliverables must meet documented specifications
Testing period of 5 business days for client review
Detailed feedback required for rejection
Maximum of two revision cycles included
Additional revisions billed at hourly rate

5. Payment Terms and Billing

5.1 Payment Structure

A 30% non-refundable deposit is required to initiate a project.
40% payment due at project midpoint as defined in SOW.
Final 30% due before launch or project completion.
All payments must be cleared before deliverables are released.
Payments are accepted via Credit Card, PayPal, ACH, or Wire Transfer.
Late payments may incur fees in accordance with applicable state laws
Invoice disputes must be raised within 10 business days of issuance.
Chargebacks are considered contract breaches and may result in legal action.

6. Intellectual Property Rights

Crafto Agency retains ownership of all intellectual property until full payment is received.
Clients receive a non-exclusive, non-transferable license to use deliverables for their intended purpose.
Third-party licenses for fonts, images, or software must be secured by the client unless otherwise agreed.
Crafto Agency reserves the right to showcase completed work in its portfolio unless otherwise agreed.
Open-source tools used in development will retain their original licenses and must be adhered to by clients.

6.1 Technical Support Levels

Standard Support:
- Monday-Friday, 9 AM - 5 PM PST
- Email and ticket-based support
- 4-hour initial response during business hours for critical issues
Premium Support (Additional Fee):
- 24/7 emergency support
- Phone and video conference support
- 1-hour response time guarantee
- Dedicated support representative

6.2 Data Protection and Privacy

Data Classification:
- Personal Data: 1-year retention
- Transaction Data: 7-year retention
- System Logs: 90-day retention
Data Center Specifications:
- US-based data centers only
- SOC 2 Type II certified facilities
- Redundant power and cooling
- 24/7 physical security

7. Security and Technical Requirements

Regular security audits will be conducted to maintain system integrity.
Clients must maintain secure credentials for their accounts and services.
Backups will be performed daily with a 30-day retention period .
SSL certificates must be renewed before expiration to avoid service disruption.
Any unauthorized access attempts to Crafto Agency’s systems will result in immediate service termination.

8. Risk Management and Business Continuity

8.1 Disaster Recovery

Recovery Time Objectives (RTO):
- Critical systems: 4 hours
- Non-critical systems: 24 hours
- Data restoration: 48 hours
- Full system recovery: 72 hours
Business Continuity:
- Regular backup testing and verification
- Alternate processing facilities
- Emergency communication protocols
- Annual recovery plan updates

8.2 Incident Response

Security Incidents:
- Immediate threat containment
- Client notification within 24 hours
- Detailed incident reports within 72 hours
- Post-incident analysis and prevention measures
Performance Monitoring:
- 24/7 system monitoring
- Automated alerting systems
- Performance metric tracking
- Monthly performance reports

9. Legal Clarifications and Dispute Resolution

9.1 Assignment Rights

Transfer Conditions:
- Written consent required for assignment
- Successor must agree to terms
- Rights transfer during acquisition
- Notice period: 30 days

9.2 Dispute Resolution Process

Resolution Steps:
1. Direct negotiation (30 days)
2. Mediation in California
3. Binding arbitration
Arbitration Rules:
- JAMS rules apply
- Single arbitrator
- Costs shared equally
- Location: Los Angeles, California

9.3 Severability

If any provision of this Agreement is found to be unenforceable:

Remaining provisions remain in full force
Invalid provision to be modified to minimum extent necessary
Court may reform invalid provisions
Overall agreement integrity maintained

10. Technical Requirements

10.1 Supported Platforms

Browsers:
- Chrome (last 2 versions)
- Firefox (last 2 versions)
- Safari (last 2 versions)
- Edge (last 2 versions)
Mobile Devices:
- iOS 14 and above
- Android 10 and above
- Responsive design support
- Progressive Web App capabilities

10.2 API and Integration Requirements

API Usage:
- Rate limits: 200 requests/hour
- Authentication required
- SSL/TLS encryption mandatory
- API key rotation every 90 days
Third-Party Integrations:
- Vendor security assessment required
- Integration testing mandatory
- Fallback procedures documented
- Regular compatibility testing

11. Service Termination and Transition Assistance

11.1 Termination Policy

A 30-day written notice is required for service termination.
Data return requests must be submitted within 14 days of termination.
Clients must pay all outstanding balances before transition assistance is provided.
Transition support, including final deliverables, will be provided for a one-time fee if additional assistance is required.

12. Governing Law and Jurisdiction

Laws of the State of California
Arbitration before litigation preferred
Mediation as an initial dispute resolution step
Class action waiver included to prevent collective legal action

13. Insurance and Indemnification

Clients must carry appropriate insurance for digital assets.
Both parties agree to indemnify and hold each other harmless against third-party claims arising from misuse of services.
Any subcontractors engaged in service delivery must meet industry security standards.

14. Force Majeure

Covers natural, human, and technical disruptions
Requires notification within 48 hours of an event
Includes mitigation plan within 5 business days
Defines contingency measures for critical services

15. Contact Information

Crafto Agency Legal Department

Address: 9035 1/2 Rathburn Ave, Los Angeles, CA 91325
Legal Inquiries: legal@craftoagency.com
Phone: (888) 990-5055
Emergency Contact: (323) 544-5445