SERVER BUILD & INFRASTRUCTURE MANAGEMENT

1.0 PURPOSE AND BINDING AGREEMENT

1.1 Intent of Policy This Master Service Agreement and Operational Policy (herein referred to as the “Agreement”) constitutes a legally binding contract between Cree Innovation and Technology Corp. (“Cree IT”) and the Customer (“Client”). This Agreement exhaustively outlines the strict developmental parameters, intellectual property rights, structural deliverables, and operational limitations regarding the design, development, and initial deployment of customized corporate websites.

1.2 Acceptance of Terms By initiating a website project, providing digital assets, or approving a design mockup, the Client unconditionally accepts and agrees to be bound by every term, intellectual property boundary, and liability exclusion outlined herein.

 

2.0 DEFINITIONS

2.1 Frontend Architecture: The graphical user interface (GUI), visual layout, animations, HTML/CSS structuring, and user-facing design elements of the website.

2.2 Backend Infrastructure: The underlying Content Management System (CMS), databases, plugin configurations, and server-side logic required to operate the website.

2.3 Client Assets: The raw, unformatted intellectual property explicitly provided by the Client, restricted solely to unedited text documents, raw company data, and original photographic/video media.

2.4 Scope Creep: The unauthorized, undocumented, or unpaid request for additional features, pages, graphic designs, or functional revisions that fall outside the originally agreed-upon developmental tier.

2.5 Source Code: The proprietary collection of computer instructions, themes, custom CSS, and compiled scripts authored or licensed by Cree IT to generate the website’s functionality and appearance.

 

3.0 SCOPE OF SERVICES (DELIVERABLES AND TIERS)

Cree IT provides strictly scoped website builds categorized into rigidly defined tiers. The deliverables for each tier are hard-coded; any deviation, functional addition, or aesthetic expansion requires a formal Statement of Work (SOW) and triggers immediate reclassification as a New Project.

3.1 Tier 1: The Northern Brochure Website

• 3.1.1 Intent: Engineered to establish a strictly professional, foundational digital baseline for independent artists, non-profits, and small local businesses.

• 3.1.2 Deliverables: A high-impact, single-page scrolling architecture. The layout features modern, fast-loading visual elements, a foundational localized Search Engine Optimization (SEO) setup, mobile-device optimization, and one (1) integrated contact form routing to a Client-designated email address.

• 3.1.3 Content Provision: Cree IT shall provide customized copywriting limited to a singular company biography, brief service summaries, and standard calls-to-action based on an initial Client consultation.

3.2 Tier 2: The Northern Business Website

• 3.2.1 Intent: A comprehensive, multi-page digital architecture engineered specifically for corporate entities requiring lead generation, detailed service breakdowns, and advanced professional legitimacy.

• 3.2.2 Deliverables: A strategic layout encompassing up to five (5) distinct, dedicated web pages (e.g., Home, About Us, Core Services, Portfolio/Case Studies, and Contact).

• 3.2.3 Content Provision: In-depth, custom-authored copywriting tailored to specific industry demographics, augmented by advanced structural SEO parameters, embedded Google Maps integration, and dynamic visual galleries.

3.3 Universal Build Inclusions

• 3.3.1 Mobile Responsiveness: All layouts are mathematically scaled to operate seamlessly across desktop, tablet, and mobile viewing environments.

• 3.3.2 Baseline Security Implementation: Integration of standard SSL/TLS certificate configurations and foundational application-level firewalls to deter automated scraping and basic injection attacks.

 

4.0 EXCLUSIONS AND OUT-OF-SCOPE SERVICES

To prevent endless development cycles and mandate strict project boundaries, the following functionalities and services are explicitly excluded from the baseline build tiers:

4.1 E-Commerce and Payment Gateways

• 4.1.1 Transactional Exclusion: The design, deployment, and security auditing of digital storefronts, shopping carts, inventory management systems, and third-party payment processors (e.g., Stripe, PayPal, Moneris) are absolutely excluded from standard builds. E-Commerce is a specialized architecture requiring a dedicated, custom Enterprise contract.

4.2 Advanced Third-Party Integration

• 4.2.1 API Engineering: Developing custom Application Programming Interfaces (APIs) to sync website data with external ERPs, proprietary accounting software, or complex CRM systems (like Salesforce) is strictly out-of-scope.

4.3 Ongoing Content Management and SEO

• 4.3.1 Build vs. Maintenance: This Agreement strictly governs the build phase. Once the website is officially launched and handed over, Cree IT is under no obligation to write new blog posts, update employee directories, swap photographs, or perform ongoing, monthly SEO campaigns unless a separate Maintenance Agreement is executed.

 

5.0 INTELLECTUAL PROPERTY AND DATA OWNERSHIP (CRITICAL)

The following delineations regarding intellectual property are absolute, non-negotiable, and strictly enforced to protect Cree IT’s proprietary engineering methodologies:

5.1 Cree IT Retained Ownership (The Engine)

• 5.1.1 Complete Code Retention: Cree IT retains absolute, exclusive, and unshared ownership of the Frontend Architecture, Backend Infrastructure, Source Code, custom CSS/HTML structures, design templates, layouts, and all related intellectual property developed during the project lifecycle.

• 5.1.2 Service, Not Software: The Client acknowledges that they are purchasing a fully managed service and the right to utilize the resulting digital presence. The Client is absolutely not purchasing the underlying software, source code, or design intellectual property.

5.2 Client Owned Assets (The Cargo)

• 5.2.1 Raw Data Custody: The Client retains total ownership only of the raw data they explicitly provide or organically generate. This is strictly limited to the unformatted text, company logos, and original photographs/videos supplied to Cree IT.

5.3 The Data Extraction and Migration Protocol

• 5.3.1 Prohibition of Code Transfer: In the event of contract termination, host migration, or the Client severing ties with Cree IT, Cree IT will absolutely not package, transfer, or release the website design, themes, structural databases, or source files to the Client or any third-party agency.

• 5.3.2 Raw Handoff: The Client will solely be provided with a raw data dump of their owned text and images. The digital architecture built by Cree IT will be permanently dismantled and destroyed. The Client must rebuild their digital presence from scratch utilizing their raw assets.

 

6.0 ENVIRONMENTAL & SITE CONDITIONS CLAUSE (MANDATORY)

While website development yields a digital product, the resulting website must be physically hosted. The Client acknowledges the environmental realities of Cree IT’s northern infrastructure.

6.1 Data Center Physical Constraints

• 6.1.1 Northern Hosting Reality: If the Client opts to host the finalized website on Cree IT infrastructure (governed separately by the Master Hosting Policy), the physical servers reside in the Northwest Territories. These servers must be maintained in strictly climate-controlled facilities.

• 6.1.2 Environmental Risks: The Client accepts that the physical hardware operating their digital website is subject to extreme northern environmental conditions. Catastrophic heating, ventilation, and air conditioning (HVAC) failures resulting from -40°C weather events or local power grid blackouts may necessitate the emergency shutdown of hosting servers to prevent physical melting or degradation of the silicon. Cree IT assumes zero liability for website downtime driven by the immediate need to protect physical hardware from extreme northern environmental anomalies.

• 6.1.3 Hardware Disposal: Any physical legacy hardware decommissioned during the transition to a new web environment will be disposed of via territorial e-waste protocols at the Client’s expense.

 

7.0 FINANCIAL TERMS AND PROJECT DEFAULT

7.1 The Absolute Pricing Rule All pricing, fee structures, and billing terms associated with this policy are strictly governed by the current Cree IT Master Pricing Policy. Please refer to the Master Pricing Policy for all financial obligations and terms.

7.2 Project Abandonment

• 7.2.1 Client Delays: If the build process stalls for a period exceeding thirty (30) consecutive days solely due to the Client’s failure to provide requested Client Assets (e.g., missing bios, unapproved copy, delayed photographs), Cree IT reserves the right to classify the project as abandoned. Abandoned projects are immediately subject to the closure and billing protocols defined within the Master Pricing Policy.

 

8.0 LIMITATION OF LIABILITY

8.1 Exclusion of Business Disruption and Consequential Damages

• 8.1.1 Zero Liability for Lost Revenue: Websites are susceptible to hosting downtime, zero-day plugin vulnerabilities, and malicious cyber-attacks (e.g., DDoS). Cree IT assumes absolutely no liability for any indirect, special, incidental, or consequential damages arising from the website going offline or being compromised. This explicitly excludes Cree IT from financial responsibility for lost digital sales, missed lead generation, reputational damage, or business interruption.

• 8.1.2 Maximum Liability Cap: Should Cree IT be found legally liable for gross negligence specifically regarding the design or deployment of the website, the maximum aggregate financial liability is strictly capped in exact accordance with the terms dictated in the Cree IT Master Pricing Policy.

 

9.0 FORCE MAJEURE CLAUSE (MANDATORY)

9.1 Exemption for Uncontrollable Variables Cree IT shall not be deemed in default of this Agreement, nor held liable for any failure to meet project deadlines, deliver site updates, or maintain live hosting uptime due to events strictly beyond our control.

9.2 Northern Realities Given Cree IT’s operations in the Northwest Territories, this Force Majeure clause explicitly covers: catastrophic failure of regional internet backbones (e.g., Northwestel fiber cuts or Starlink satellite degradation) halting the ability to push code to live servers; prolonged local power grid failures; severe weather events or wildfires causing the evacuation of Cree IT personnel; and acts of God. Cree IT does not underwrite the stability of the Northern telecommunications grid.

 

10.0 GOVERNING LAW AND HOSTING TRANSITION

10.1 Live Environment Governance Upon the successful completion of the build phase, the ongoing operation, security, and uptime of the live website are governed entirely by the Cree IT Master Hosting Policy.

10.2 Jurisdiction This Agreement, and any disputes regarding intellectual property ownership or developmental boundaries, shall be exclusively governed by and construed in accordance with the laws of the Northwest Territories and the federal laws of Canada applicable therein.

 

END OF POLICY