TERMS OF SERVICE

 

 

Agreement

 

You, the “Client”: You agree that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll provide us with everything we need to complete your project, as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner. You agree to be bound by the deadlines that are set in as much as we are bound by those same deadlines. You agree to adhere to the payment schedule set out at the end of this contract.

 

 

Robot Dwarf UK: We promise that we have the experience and ability to do everything we’ve agreed with you and we’ll do it in a professional and timely manner. We’ll endeavour to meet all deadlines that are set and on top of that we’ll maintain the confidentiality of everything you give us.

 

Design

Your website will be based on a website template. These templates are the basis (structure) of the website. Templates are a framework and the website design is complete when the ‘dummy content’ – copy, images, and logo have been replaced with your copy, images, and logo.

 

Our job is to personalise it to you and your business. The website template will be adjusted to present your images, text, information, branding, logo, and persona. Please note that our work does not include ‘custom’ changes to the website template. Your website will look and feel the same as the template, however we personalise the aesthetics of the website template to your business.

 

You’ll have many opportunities to review our work and provide feedback.

 

Updates

After your website template has been rebranded and it has been mutually agreed that the design phase is completed, then you may request updates to the website. Much like the initial design, example of updates include; Updating website copy (add/remove/change), Update new logo, Add/Remove new photos or images, changes to online forms, Adding/removing/updating products, and adding promotional banners.
Examples of requests for updates that are not accepted include; Structural changes to website, a new website, custom functionality or custom changes. You may request additional functionality, such as a request to add a shopping cart when there previously was no cart, in which cases we reserve the right to provide an estimate for completion of the request.

 

Text content

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

 

Photographs and Graphics

You should supply graphic files in an editable, vector or png digital format. You should supply photographs graphics in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
We may be able to find suitable, free-to-use for commercial purposes, with no attribution required, stock images for use on your website. If you approve Robot Dwarf UK to use free stock images then you accept responsibility for any copyright or license conditions on these images.

 

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

 

Legal Stuff

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Warranties and Liability

  • The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Robot Dwarf UK.
  • Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.
  • The Client hereby agrees to indemnify and hold harmless Robot Dwarf UK from any claim resulting from the Client’s publication of material or use of those materials.
  • It is also understood that Robot Dwarf UK will not publish information over the Internet which may be used by another party to harm another. Robot Dwarf UK will also not develop a pornography or warez project for the Client. Robot Dwarf UK reserves the right to determine what is and is not pornography.
  • Robot Dwarf UK does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Robot Dwarf UK will not be held responsible for occasional downtime of email or project due to line interruptions and/or other instances beyond the control of Robot Dwarf UK.

Indemnification

  • The Client agrees that it shall defend, indemnify, save and hold the Robot Dwarf UK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Robot Dwarf UK development of the Client’s project. This includes liabilities asserted against Robot Dwarf UK, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
  • The Client also agrees to defend, indemnify and hold harmless Robot Dwarf UK against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s project. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

 

Copyrights

You guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you have permission to use them.

 

Website ownership is from 12 months, subject to all fixed monthly instalments being paid over the first 12-month period. A backup copy of website is available only after 12 months paid service.

 

We’ll own the unique combination of the elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. If you decide to cancel your subscription within the first 12 months and would like a backup of the website files and database, you will be required to pay the difference of the remainder of the first 12 months.

 

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

 

Backups

Robot Dwarf UK maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Robot Dwarf UK backup system is fully redundant, it is not guaranteed. Backups are made daily and are archived for 1 month before being destroyed.

 

Newsletter

The newsletter services is a ‘MailChimp’ newsletter list that utilises the Mailchimp ‘free’ account. Robot Dwarf UK will setup the MailChimp account (if not already existing) and the connection between the website and the newsletter list – however the management of the newsletter is entirely up to the client. Robot Dwarf UK does not tutor or assist in the management of the newsletter list.

 

Robot Dwarf UK will support the connection (i.e. a new subscriber is successfully added to the MailChimp list through a website form) however any issues/help regarding the actual newsletter list are between the client and MailChimp.

 

Third Party Software / Integrations

The client may request integration between the website and third party software. Robot Dwarf UK will review the request and if approved in writing by Robot Dwarf UK:

  • You acknowledge that Robot Dwarf UK is not responsible or liable for any problems arising from the installation or use of the third party software or integration;
  • If the third parties provide data or other information for use with the software, Robot Dwarf UK have no control over the accuracy or completeness of that information;
  • You accept and must comply with the terms and conditions of those third parties relating to their software;
  • Those third parties may invoice you directly for ongoing costs relating to your use of their software;
  • Robot Dwarf UK is not liable for any acts or omissions of third party software or integrations with third party software;

 

Furthermore, the client may be liable for charges or fees incurred by Robot Dwarf UK for the repair of any product or service affected by the use of third party software or an integration with third party software.

 

Security

Although Robot Dwarf UK makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Robot Dwarf UK can in no way guarantee that the Finished Product(s) will not be subject security breaches.

 

Delays

Robot Dwarf UK Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Designer may extend the due date for any Deliverable by giving written notice to Client.

 

Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

 

General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, or Force majeure.

Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

 

Payment schedule:

  1. Package “Startup”: £39.00 per month + once off £99.00 setup fee.
  2. Package “Professional”: £59.00 per month + once off £99.00 setup fee
  3. Package “Business” £89.00 per month + once off £149.00 setup fee

 

Additional Expenses

The Client agrees to reimburse Robot Dwarf UK for any critical Client requested expenses necessary for the completion of the project. Examples would be:

  1. Purchase of specific fonts at the Client’s request,
  2. Purchase of specific photography at the Client’s request.
  3. Purchase of specific software at the Client’s request.

 

Payment:

The Client shall send payment to Robot Dwarf UK within 7 days of receiving an invoice.

 

Late Payment: If a payment is more than 7 days late, no Services will be performed for the Client until payment is received.

 

Over Charge Fees, Charge Back Fees, Dishonour Fees: We will on charge any bank fees that are a result of penalties caused by (but not limited to) Over Charges, Charge Backs, Dishonours.

 

Termination: Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.

 

Rush Processing

The agreed-upon completion date for this project is: three weeks (15 working days) from the date of received payment. The Client understand that should they require earlier completion, there will be a flat fee of £190.00 to be paid before completion. A rush processing payment ensures the completion of your website at high priority, however does not guarantee the website will be completed within a particular time frame, mainly due to ‘Client Delays’ and ‘General Delays’ as found under the title ‘Delays’ found within these terms.

 

Refunds and Cancellations

If for some reason, you are not satisfied with our services, please apply for the cancellation within the first 15 days of your payment date.

 

We do not refund partial months on any recurring month-to-month services. If you paid for a month and cancel the service before the month has begun, we will refund for the month.

If you cancel your account within the first 12 months and require a backup of the website and its files then a pay-out charge applies. The pay-out charge is the equivalent of the remaining months of the 12-month period.

 

Setup charges and Domain Name Registration, transfer, or renewal fees, if any are not refundable.

 

If an SSL certificate has been issued, no refund is available for any reason.

 

Once a website template has been selected, there is no option to change it, and there are no refunds once the design has been accepted and we have begun work. However, you may pay an additional setup fee (£99.00) during the design phase only, should you wish to change the template for which your website will be based.

 

Accounts that are either cancelled, deactivated, and/or have services suspended for violation of our terms of service, or accounts that exceed their disk or bandwidth usage amount do not qualify for any refunds.

 

Requests to cancel accounts or the termination of your payment plan with us will result in the immediate deactivation of your account.

 

To apply for the cancellation and/or refund, you must send us an email at accounts@robotdwarf.co.uk

 

Acceptable Use Policy

Spam. If you use the Services to transmit email, you must do so responsibly.  Sending or promoting SPAM using the Services is prohibited and will result in immediate termination of your account.  We consider SPAM to be the transmission of any email messages that are in violation of the relevant country’s SPAM legislation.

 

Overburdening Resources; Overuse. You may not overburden the Services.  You may not place excessive burdens on our, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services we provide to other customers. You may not use excessive bandwidth or data transfer.

 

Email: The total quota for 50 email addresses is 50GB. Each mailbox has a quota of 1 GB.

 

Plugins

If there is the situation where the functionality you request of your website requires a forbidden, or becomes a banned plugin where it previously was not, then we will work with you to find a suitable replacement.

Delivery Policy

After ordering online, you will receive an email confirming receipt of your order within a few minutes of ordering. We will then send you an invoice containing your order details and payment methods.

 

Once payment has been received, we will send you an email the next working day that confirms your account details, an invitation to our online customer portal, your ‘Website Creative Brief, and other information which details the first stages of the website development.

 

Robot Dwarf UK will use commercially reasonable efforts to perform the services of website design (website template re-branding), and hosting setup within 2 weeks of confirmation of order. Robot Dwarf UK delivery timeframes depend upon the Client’s prompt response to any questions or requests for client materials.

 

WEBSITE DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Robot Dwarf UK and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Robot Dwarf UK. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Robot Dwarf UK takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

COPYRIGHT NOTICE

This website and its content is copyright of Robot Dwarf UK – © Robot Dwarf UK 2016. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

HOURS OF OPERATION

Business hours are 8am – 5pm Monday-Friday. Excluding Bank Holidays.