Customer Website Services Agreement

SKAU Customer Website Services Agreement

This Customer Website Services Agreement (“Agreement”) is entered into between SKAU LLC, a Florida limited liability company (“SKAU,” “we,” “us,” or “our”), and the business or individual identified in the applicable Order Form (“Customer,” “you,” or “your”).

By electronically signing this Agreement, checking an acceptance box that expressly references this Agreement, or otherwise electronically accepting this Agreement through SKAU’s checkout process, Customer acknowledges that Customer has read, understands, and agrees to be legally bound by this Agreement.

1. Order Form and Selected Plan

Each Customer will select a SKAU service plan through an order form, checkout page, proposal, or similar written or electronic record (“Order Form”).

The Order Form will identify, as applicable:

Customer’s legal or business name;
Authorized representative;
Selected SKAU plan;
Monthly subscription price;
Setup & Launch Fee;
Any promotional discount or waiver;
Included pages, revisions, updates, integrations, or other plan-specific services;
Any separately purchased services; and
Any Customer-specific terms approved by SKAU.

The Order Form and this Agreement together constitute the contract between SKAU and Customer.

Plan-specific limits shown in the Order Form at the time Customer purchases the service apply to that Customer for the applicable term. Later changes to SKAU’s public website do not retroactively reduce services already purchased by Customer.

If there is a direct conflict between this Agreement and an Order Form, this Agreement controls except where the Order Form expressly states that it modifies a particular provision of this Agreement.

2. Services

SKAU provides subscription-based website design, development, hosting, maintenance, management, and related digital services.

The exact scope of Customer’s service depends on the plan identified in Customer’s Order Form.

Services not expressly included in the selected plan or Order Form are outside the scope of the monthly subscription and may require additional payment.

SKAU may use commercially reasonable tools, platforms, software, contractors, automation, artificial intelligence-assisted tools, libraries, hosting services, and other technology in performing the Services.

SKAU remains responsible for delivering the Services promised under this Agreement regardless of the tools used to assist in providing them.

3. Setup & Launch Fee

Unless expressly waived or reduced in writing, Customer will pay a one-time $249 Setup & Launch Fee when beginning service.

The Setup & Launch Fee compensates SKAU for initial services including onboarding, project configuration, design preparation, development, setup, and launch-related work.

The first month of Customer’s selected subscription plan is included in the $249 Setup & Launch Fee.

Accordingly, a standard Customer will not be charged a separate monthly subscription payment for Month 1.

Regular monthly subscription billing begins after the first month.

Payment of the Setup & Launch Fee does not purchase ownership of the website, design, source code, development files, or other SKAU intellectual property.

4. Promotions and Setup-Fee Waivers

SKAU may offer promotional pricing or waive the Setup & Launch Fee.

A promotional waiver applies only when expressly stated on Customer’s Order Form or checkout record.

For a Customer whose $249 Setup & Launch Fee has been completely waived, Customer’s first regular monthly subscription payment is due when Customer enrolls unless SKAU expressly states otherwise in writing.

A promotion or waived Setup & Launch Fee does not alter:

The initial contract term;
Recurring billing requirements;
Website ownership;
Cancellation terms;
Early termination terms;
Intellectual-property provisions; or
Any other provision of this Agreement unless expressly stated.

SKAU may limit promotions by quantity, eligibility, expiration date, or other stated criteria.

5. Monthly Subscription Pricing

SKAU currently offers monthly website-service plans including:

Essential — $55 per month
Growth — $95 per month
Signature — $135 per month

Customer’s binding subscription price will be the price displayed and accepted in Customer’s Order Form.

SKAU will not retroactively change the price of an already-paid billing period.

Any future price adjustment applicable to an existing month-to-month Customer will be communicated in advance before becoming effective.

6. Recurring Billing Authorization

Customer authorizes SKAU and SKAU’s payment processor to store Customer’s payment credentials and automatically charge Customer’s selected payment method for recurring amounts owed under this Agreement.

Customer authorizes charges for:

Customer’s monthly subscription;
Any applicable Setup & Launch Fee;
Additional work expressly approved by Customer;
Third-party services expressly approved by Customer; and
Other charges specifically authorized under this Agreement or an accepted Order Form.

Customer is responsible for maintaining a valid payment method.

Recurring monthly charges continue until the Agreement is canceled or terminated in accordance with its terms.

7. Initial Term

Customer’s subscription has an initial commitment period of six (6) months beginning on the Effective Date.

After completion of the six-month initial term, the subscription automatically continues on a month-to-month basis until canceled.

The six-month commitment applies regardless of whether Customer receives a promotional Setup & Launch Fee waiver.

8. Customer Cancellation

Customer may submit a cancellation request using the cancellation method identified by SKAU, including an online cancellation process or written electronic notice.

Cancellation During Initial Six-Month Term

Customer may cancel during the initial six-month term.

Except where Customer terminates because of an uncured material breach by SKAU as provided in this Agreement, early cancellation will result in an Early Termination Fee equal to 50% of the unpaid monthly subscription payments remaining in the initial six-month term.

Example: If four $95 monthly payments remain when a Growth-plan Customer terminates, $95 × 4 = $380 remaining scheduled subscription payments. Early Termination Fee = $190.

The Early Termination Fee applies only to future subscription payments remaining in the initial term.

SKAU will not collect both the Early Termination Fee and the same future monthly subscription payments.

Amounts already earned, approved Additional Work, unpaid invoices, third-party charges, and other accrued obligations remain separately payable.

Cancellation After Initial Term

After Customer completes the initial six-month term, Customer may cancel the month-to-month subscription without an Early Termination Fee.

Cancellation ordinarily becomes effective at the end of Customer’s then-current paid billing period.

9. Purpose of Early Termination Fee

The parties acknowledge that SKAU performs substantial design, development, onboarding, configuration, and other work early in the Customer relationship while recovering those costs through relatively low recurring subscription payments.

The parties therefore agree that the Early Termination Fee is intended to reasonably compensate SKAU for unrecovered upfront work, administrative costs, reserved resources, and anticipated loss associated with early termination and is not intended to punish Customer.

This provision does not limit rights or remedies that applicable law does not permit the parties to waive.

10. 15-Business-Day Launch Guarantee

SKAU offers a 15-Business-Day Launch Guarantee for qualifying standard website projects unless the applicable Order Form expressly states a different launch schedule.

The 15-business-day period begins only when SKAU has received all information, materials, credentials, access, and approvals reasonably necessary to begin and complete the website (“Ready Date”).

This may include:

Required business information;
Logo and branding materials;
Requested photographs;
Website copy or sufficient information for agreed content preparation;
Domain or DNS access;
Required third-party credentials; and
Other requested materials or approvals.

A website is considered “launch-ready” when SKAU has delivered a substantially complete website capable of being published, subject only to ordinary revisions included in Customer’s selected plan.

The Launch Guarantee does not apply to delays caused by:

Customer’s failure to provide requested materials;
Customer response or approval delays;
Changes to the originally approved scope;
Customer-requested redesigns;
Customer-requested additions or new functionality;
Third-party provider delays;
Domain registrar or DNS issues;
API or integration problems outside SKAU’s reasonable control;
Force majeure events; or
Other circumstances outside SKAU’s reasonable control.

If SKAU fails to provide a launch-ready website within fifteen (15) business days after the Ready Date solely because of a delay caused by SKAU, Customer may provide written notice and elect to terminate the Agreement.

Upon such qualifying termination, SKAU will refund amounts paid directly to SKAU for the initial website service, excluding non-refundable approved third-party costs, separately approved Additional Work, and Customer-requested purchases that cannot reasonably be recovered.

A qualifying termination under this Section will not result in an Early Termination Fee.

11. Initial Revisions

Customer receives the number of initial revision rounds stated in Customer’s selected plan and Order Form.

A “revision round” means one reasonably consolidated set of requested modifications submitted after Customer reviews a website version.

Multiple fragmented requests submitted separately may be combined and treated as a single revision round when they relate to the same review stage.

A revision does not include a fundamental change in project direction, substantial redesign, replacement of the approved concept, major new functionality, or work materially outside the original project scope.

Unused initial revision rounds have no cash value and do not convert to monthly-update time.

12. Monthly Website Updates

Customer receives the amount or quantity of routine monthly website-update service included in Customer’s Order Form.

Ordinary updates may include reasonable changes to existing:

Text;
Images;
Business hours;
Pricing;
Contact information;
Services;
Staff information;
Existing page content; and
Similar routine content.

Unless Customer’s plan expressly provides otherwise, included monthly update allowances do not roll over from one billing month to another.

Major redesigns, additional pages beyond the applicable plan, custom applications, extensive copywriting, ecommerce development, substantial new integrations, and material new functionality are not ordinary monthly updates.

13. Additional Work

Work exceeding Customer’s included plan limits is considered “Additional Work.”

Before beginning billable Additional Work, SKAU will communicate the applicable fixed price, hourly rate, estimate, or other pricing basis to Customer.

SKAU will not intentionally perform separately billable Additional Work without Customer authorization.

Electronic approval by email, text message, customer portal, proposal acceptance, or another written electronic method constitutes authorization.

14. Customer Responsibilities

Customer agrees to reasonably cooperate with SKAU.

Customer is responsible for timely providing:

Accurate business information;
Content reasonably required for the website;
Credentials and access reasonably necessary to perform the Services;
Feedback and approvals;
Information regarding Customer’s legal or regulatory requirements; and
A valid payment method.

SKAU is not responsible for delays resulting from Customer’s failure to cooperate or provide required materials.

Launch deadlines and performance deadlines are automatically extended to account for material Customer delays.

15. Customer Content and Materials

“Customer Materials” means materials owned or controlled by Customer independently of SKAU, including Customer’s:

Business name;
Trademarks;
Logos;
Original photographs;
Original videos;
Original written materials;
Product information;
Service information; and
Other Customer-provided content.

Customer retains ownership of Customer Materials.

Customer grants SKAU a non-exclusive license during the term to copy, format, resize, modify, display, host, transmit, and otherwise use Customer Materials as reasonably necessary to provide the Services.

16. Customer Content Warranties

Customer represents and warrants that Customer has all rights, licenses, permissions, and authorizations necessary for materials Customer supplies to SKAU.

Customer is solely responsible for:

Accuracy of Customer-provided information;
Claims regarding Customer’s products and services;
Prices and promotions;
Required disclosures;
Customer’s business practices;
Customer’s regulatory obligations; and
Obtaining permission to use third-party content supplied by Customer.

Customer may not knowingly direct SKAU to publish unlawful, defamatory, fraudulent, infringing, or otherwise illegal material.

SKAU may refuse or remove material SKAU reasonably believes creates legal, security, or intellectual-property risk.

17. SKAU Intellectual Property

Except for Customer Materials and third-party materials, SKAU retains all rights it owns or controls in materials used or created in providing the Services (“SKAU Materials”), including as applicable:

Website designs;
Layouts;
Code;
Components;
Templates;
Styling systems;
Animation systems;
Development techniques;
Frameworks;
Libraries;
Workflows;
Processes;
Technical architecture;
Reusable assets;
Internal tools;
Development files; and
Know-how.

Payment of fees does not constitute an assignment or sale of SKAU Materials.

Nothing in this Agreement transfers SKAU’s underlying intellectual property except through a separate written transfer expressly identifying the rights being transferred.

18. Customer License to Website

While Customer maintains an active account in good standing, SKAU grants Customer a limited, non-exclusive license to operate and publicly display the Customer website created under the subscription.

The license is limited to Customer’s business purposes.

Unless otherwise agreed in writing, the license is:

Non-transferable;
Non-sublicensable; and
Conditioned upon Customer maintaining an active subscription.

This license ends upon termination of the subscription unless Customer completes an approved Website Buyout.

19. Domain Ownership

Customer owns and should remain the registered owner of Customer’s domain name.

SKAU may assist Customer with domain registration, DNS configuration, domain connection, or technical management without acquiring ownership of the domain.

Customer remains responsible for domain registration and renewal fees unless an Order Form expressly states otherwise.

Termination of SKAU services does not transfer Customer’s domain to SKAU.

SKAU will reasonably cooperate in returning technical control of a Customer-owned domain after all undisputed amounts due have been paid.

20. Source Code and Development Files

Customer’s subscription does not include delivery or ownership of:

Source code;
Repositories;
Development environments;
Editable design files;
Internal documentation;
Reusable components;
SKAU templates;
Development tools;
Frameworks; or
Other working files.

Customer receives access to and use of the functioning website as provided by the subscription license.

No source code or development-file transfer occurs unless expressly provided in a separate written Website Buyout Agreement.

21. Optional Website Buyout

SKAU may offer eligible Customers the opportunity to purchase specified rights in their website.

A Website Buyout is not automatically included with any subscription and is not guaranteed unless expressly stated in Customer’s Order Form.

Any buyout must be documented in a separate written or electronically signed Buyout Agreement identifying:

Purchase price;
Rights being transferred;
Files being delivered;
Transfer date;
Hosting arrangements;
Third-party components;
Excluded SKAU intellectual property; and
Any continuing licenses.

Unless a Buyout Agreement expressly states otherwise, previous subscription payments do not constitute installment payments toward ownership.

A buyout will not transfer SKAU’s general-purpose frameworks, reusable tools, internal systems, proprietary development processes, reusable components, or non-transferable third-party materials.

22. Effect of Cancellation

Unless Customer completes an approved Website Buyout, Customer’s license to the SKAU website ends when service terminates.

Upon termination:

Customer retains its domain and Customer Materials.
SKAU retains its SKAU Materials.
SKAU may discontinue hosting and take the subscription website offline after the applicable service period ends.
Customer may use its domain with another website provider.
Customer may not continue publishing SKAU-owned website design or code unless SKAU separately authorizes such use.

Upon reasonable request, SKAU will return or provide reasonably available copies of Customer’s original Customer Materials.

SKAU is not required to maintain an indefinitely accessible archive after termination.

23. Third-Party Services

Websites may rely on third parties such as:

Hosting providers;
Domain registrars;
Payment processors;
Booking systems;
Customer relationship-management platforms;
Email providers;
SMS providers;
Maps;
Analytics services;
Social-media platforms;
APIs;
Plugins;
Software libraries; and
Other technology providers.

Customer is responsible for third-party fees not expressly included in Customer’s plan.

Third-party products remain governed by their providers’ terms and licenses.

SKAU does not control and cannot guarantee the continued availability, pricing, security, policies, compatibility, or performance of third-party services.

SKAU is not responsible for a third party’s independent outage, discontinuation, account restriction, API change, price change, policy change, security incident, or other action outside SKAU’s reasonable control.

24. Hosting and Uptime

SKAU will use commercially reasonable efforts to maintain websites and hosting included in active subscriptions.

SKAU does not guarantee 100% uptime or uninterrupted availability.

Websites may experience interruptions caused by maintenance, hosting providers, internet infrastructure, DNS providers, third-party platforms, software failures, security events, cyberattacks, or circumstances outside SKAU’s reasonable control.

Unless Customer purchases a separate Service Level Agreement, no guaranteed uptime percentage or service credit applies.

25. Security

SKAU will use commercially reasonable practices appropriate to the services provided.

No internet-connected system can be guaranteed completely secure.

Customer must reasonably safeguard passwords, credentials, administrator accounts, domain accounts, and third-party accounts under Customer’s control.

Customer must promptly notify SKAU of known or suspected unauthorized access affecting systems managed by SKAU.

26. Privacy and Sensitive Information

Customer is responsible for determining what privacy notices, disclosures, consents, retention practices, and legal requirements apply to Customer’s business and website.

Unless SKAU specifically agrees otherwise in writing, Customer must not use ordinary website forms provided by SKAU to intentionally collect highly sensitive information such as:

Social Security numbers;
Full payment-card credentials;
Medical records;
Protected health information;
Account passwords;
Biometric information; or
Other specially regulated sensitive information.

A Customer requiring regulated data processing or specialized compliance must inform SKAU before requesting such functionality.

Additional agreements, services, or third-party platforms may be required.

27. Legal and Regulatory Compliance

Customer is responsible for laws and regulations applicable specifically to Customer’s business, products, services, industry, jurisdiction, advertising, and data practices.

Unless expressly included in a separate written scope, SKAU does not provide legal, tax, accounting, regulatory, or compliance advice.

SKAU does not warrant that a website alone will satisfy every accessibility, privacy, industry-specific, or regulatory requirement applicable to Customer.

Customer should obtain professional advice concerning legal requirements applicable to Customer’s business.

28. Search Engines and Business Results

SKAU does not guarantee:

Search-engine rankings;
Search placement;
Website traffic;
Leads;
Sales;
Revenue;
Conversion rates;
Bookings;
Customer acquisition; or
Any particular business result.

Search engines, advertising platforms, competitors, customers, algorithms, economic conditions, and other external factors are beyond SKAU’s control.

29. Failed Payments

If Customer’s payment fails, SKAU or its payment processor may retry the payment and notify Customer.

Customer will have seven (7) calendar days after notice to cure a failed payment.

If the payment remains outstanding after ten (10) calendar days, SKAU may suspend some or all Services, including website hosting, maintenance, updates, or support.

If an account remains unpaid for thirty (30) calendar days, SKAU may terminate the Agreement.

Suspension does not transfer ownership of the website or SKAU Materials to Customer.

Accrued payment obligations remain due during suspension.

30. Billing Disputes and Chargebacks

Customer agrees to promptly notify SKAU of a good-faith billing dispute so that SKAU has a reasonable opportunity to investigate and resolve it.

Initiating a payment dispute or chargeback does not independently cancel this Agreement or eliminate contractual amounts properly owed.

SKAU may provide the applicable Agreement, Order Form, acceptance record, invoices, communications, usage records, and other relevant documentation to its payment processor or financial institutions when responding to a payment dispute.

31. Refund Policy

Except where an Order Form provides a different written guarantee, Customer may request cancellation of the initial purchase within 15 calendar days after the initial payment and before Customer approves the website for launch, whichever occurs first.

If the website has already been approved for launch or launched, the ordinary refund window ends.

Any approved refund may exclude:

Non-refundable third-party costs incurred specifically for Customer;
Separately approved Additional Work;
Customer-requested purchases that cannot reasonably be recovered; and
Other amounts specifically designated as non-refundable before purchase.

After the applicable refund window, Setup & Launch Fees and completed subscription billing periods are generally non-refundable except where required by law or expressly provided by this Agreement.

32. Portfolio Use

Unless Customer and SKAU agree otherwise in writing, Customer grants SKAU permission to identify Customer as a customer and display publicly available screenshots of work SKAU performed for reasonable portfolio, case-study, award-submission, and promotional purposes.

This provision does not transfer ownership of Customer’s trademarks or Customer Materials to SKAU.

SKAU will cease new promotional use upon reasonable written request when appropriate, although previously created archival materials may remain.

33. Confidential Information

Each party may receive non-public business, technical, login, financial, or commercial information from the other.

Each party agrees to use reasonable care to protect confidential information and use it only as necessary to perform or receive services under this Agreement.

Confidential information does not include information that:

Is publicly available through no breach of this Agreement;
Was already lawfully known to the receiving party;
Is independently developed without use of confidential information; or
Is lawfully obtained from another source without confidentiality obligations.

A party may disclose information when legally required to do so.

34. Indemnification

Customer agrees, to the extent permitted by law, to defend, indemnify, and hold harmless SKAU and its owners, employees, contractors, and agents from third-party claims, damages, liabilities, judgments, and reasonable costs arising from:

Customer Materials;
Claims Customer instructed SKAU to publish;
Customer’s products or services;
Customer’s unlawful business activity;
Customer’s violation of another party’s intellectual-property rights;
Customer’s violation of law; or
Customer’s material breach of the representations made in this Agreement.

This does not apply to the extent the claim results from SKAU’s own conduct for which liability cannot lawfully be disclaimed or shifted.

35. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SKAU WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SKAU’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO SKAU DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF CUSTOMER HAS BEEN A CUSTOMER FOR LESS THAN TWELVE MONTHS, THE TOTAL FEES ACTUALLY PAID DURING THE CUSTOMER RELATIONSHIP.

Nothing in this Agreement excludes or limits liability that applicable law does not permit to be excluded or limited.

36. Disclaimer of Warranties

Except for express commitments stated in this Agreement, the Services are provided on an “as available” basis to the fullest extent permitted by law.

SKAU does not make implied guarantees regarding uninterrupted operation, third-party services, specific business results, or compatibility with every device, browser, software version, or future technology.

Nothing in this section eliminates an express promise made by SKAU in this Agreement or an Order Form.

37. Suspension Rights

SKAU may immediately suspend some or all Services when SKAU reasonably believes suspension is necessary to address:

Security threats;
Malicious software;
Fraud;
Illegal activity;
Intellectual-property infringement;
Threats to SKAU infrastructure;
Material abuse of SKAU personnel or systems;
Required government or court action; or
Material risk to SKAU, its customers, or third parties.

When reasonably possible, SKAU will notify Customer and provide an opportunity to cure the issue.

38. Termination by SKAU for Customer Breach

SKAU may terminate this Agreement if Customer materially breaches it and fails to cure the breach after reasonable written notice.

Nonpayment may be handled according to Section 29.

SKAU may terminate immediately when Customer’s conduct involves fraud, unlawful activity, serious security threats, intentional infringement, abuse of SKAU systems, or another material risk that cannot reasonably be cured.

Amounts already earned remain payable.

Where Customer’s breach occurs during the initial term, the Early Termination Fee may apply as permitted by this Agreement and applicable law.

39. Termination by SKAU Without Customer Breach

SKAU may discontinue the Customer relationship for legitimate business reasons even when Customer has not breached this Agreement.

Except where immediate termination is reasonably required by law or security concerns, SKAU will provide at least 30 days’ written notice.

During the notice period, Customer may continue using the website provided Customer remains in good standing.

If SKAU terminates without Customer breach:

No Early Termination Fee applies;
Customer will not owe future subscription payments after termination;
Any prepaid recurring amount applicable solely to a post-termination period will be refunded as appropriate; and
Customer may request information concerning an available Website Buyout.

40. Termination for SKAU Material Breach

If Customer believes SKAU has materially breached this Agreement, Customer must provide written notice reasonably describing the alleged breach.

SKAU will have ten (10) business days to cure a breach that is reasonably capable of cure.

If SKAU fails to timely cure a material breach, Customer may terminate the Agreement without an Early Termination Fee.

41. Independent Contractor

SKAU is an independent contractor.

Nothing in this Agreement creates a partnership, joint venture, employment relationship, agency, fiduciary relationship, or franchise between SKAU and Customer.

Neither party may bind the other except where expressly authorized.

42. Force Majeure

Neither party is responsible for delay or failure to perform non-payment obligations caused by events beyond that party’s reasonable control, including natural disasters, widespread internet or utility outages, war, terrorism, civil emergencies, governmental action, labor disruptions, fires, floods, or widespread failures of third-party technology infrastructure.

The affected party will use commercially reasonable efforts to resume performance.

43. Assignment

Customer may not assign this Agreement or transfer its website license to another person or business without SKAU’s written consent.

SKAU may assign this Agreement as part of a merger, acquisition, reorganization, sale of substantially all relevant assets, or transfer of the SKAU business, provided the successor assumes SKAU’s applicable obligations.

44. Electronic Communications

Customer consents to conducting this transaction electronically.

Customer agrees that agreements, invoices, approvals, notices, revisions, billing authorizations, and other records may be communicated electronically.

Customer is responsible for maintaining a valid email address and keeping contact information reasonably current.

45. Electronic Acceptance

Electronic acceptance of this Agreement is intended to constitute Customer’s electronic signature and manifestation of assent to this Agreement.

Before continuing to payment, Customer will be required to provide:

Customer’s business name;
The full legal name of the individual accepting the Agreement; and
Affirmative confirmation that the individual is authorized to enter into this Agreement on behalf of Customer and agrees to its terms.

Customer understands that entering the individual’s full legal name and affirmatively accepting the Agreement is intended to serve as Customer’s electronic signature.

SKAU may retain electronic records demonstrating acceptance, including, as applicable:

Customer’s business name;
Full legal name of the individual accepting the Agreement;
Confirmation of authority to bind Customer;
Selected plan;
Monthly subscription price;
Setup & Launch Fee;
Any applicable promotion or waiver;
Agreement version;
A copy or retrievable record of the exact Agreement presented at the time of acceptance;
Date and time of acceptance;
Acceptance event or transaction identifier;
Payment or checkout records associated with the transaction; and
Other commercially reasonable technical records associated with acceptance.

Customer agrees that electronically stored copies of this Agreement and the associated acceptance records may be used as evidence of the parties’ agreement.

After acceptance, Customer will proceed to payment through SKAU’s designated payment processor.

46. Authority to Bind Business

The individual accepting this Agreement on behalf of a business represents that the individual has authority to enter into contracts on behalf of that business.

If the individual lacks such authority, the individual may be personally responsible to the extent permitted by applicable law for misrepresenting that authority.

47. Notices

Contractual notices must be delivered electronically to the contact information provided by the receiving party or through another written notice method designated by SKAU.

A Customer is responsible for updating its contact information.

Cancellation, breach, termination, and other material contractual notices should be made in a form that creates a reasonably retrievable record.

48. Good-Faith Dispute Resolution

Before filing a lawsuit relating to this Agreement, the parties agree to make a good-faith attempt to resolve the dispute through written notice and direct discussion for at least 15 days, unless immediate legal action is reasonably necessary to seek emergency or injunctive relief or preserve a legal deadline.

Nothing in this provision prevents either party from seeking emergency relief when reasonably necessary.

49. Governing Law and Venue

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any court proceeding arising from this Agreement will be brought in a court of competent jurisdiction in the Florida county in which SKAU maintains its principal place of business, unless applicable law requires a different forum.

50. Entire Agreement

This Agreement, Customer’s Order Form, and any written addenda accepted by both parties constitute the entire agreement between SKAU and Customer regarding the Services.

They supersede prior discussions, representations, negotiations, emails, proposals, or oral statements concerning the same subject matter.

Customer acknowledges that Customer is not relying on a promise that is not contained in the applicable contract documents.

51. Amendments

A Customer-specific amendment must be accepted in writing or electronically by SKAU and Customer.

SKAU may update its standard agreement for future customers.

A material change to an existing Customer’s contractual pricing, ownership rights, or initial-term financial obligations will not retroactively apply merely because SKAU changes the agreement displayed on its website.

52. Severability

If a court finds a provision of this Agreement invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

Where legally permitted, an invalid provision will be limited or interpreted only to the extent reasonably necessary to make it enforceable while preserving the parties’ intended commercial arrangement.

53. No Waiver

Failure to enforce a provision on one occasion does not waive the right to enforce that provision later.

A waiver regarding one breach does not constitute a waiver regarding another breach.

54. Survival

Provisions that by their nature should continue after termination will survive termination, including provisions concerning:

Payment obligations accrued before termination;
Intellectual-property ownership;
Customer Materials;
Confidentiality;
Indemnification;
Limitations of liability;
Dispute resolution;
Governing law; and
Other provisions reasonably intended to survive.

55. Headings

Section headings are provided for convenience and do not alter the meaning of this Agreement.

Customer Acknowledgments

By accepting this Agreement, Customer specifically acknowledges that Customer understands:

SKAU is a subscription website service.
The standard Setup & Launch Fee is $249 and includes the first month unless waived or modified in the Order Form.
The initial commitment is six months.
After six months, service continues month-to-month.
Early cancellation during the initial term may result in an Early Termination Fee equal to 50% of the remaining initial-term monthly payments.
SKAU retains the intellectual-property rights it owns or controls in SKAU-created website design, code, systems, and other SKAU Materials.
Customer owns its domain, trademarks, logos, and original Customer Materials.
Customer receives a license to use the subscription website while Customer maintains an active subscription.
The subscription does not automatically transfer source code or website ownership.
An optional Website Buyout may be available only under a separate written agreement.
The website may be taken offline after cancellation or termination if no Website Buyout has been completed.
Customer authorizes recurring monthly billing.
Customer has had an opportunity to review this Agreement before payment.

SKAU LLC

Questions about these terms? Email christian@skau.us. To begin service, see plans and pricing.