TERMS AND CONDTIONS
Introduction to Our Terms and Conditions
Purpose and Fairness: At Tartan Robot Design Studio, our Terms & Conditions are crafted with a dual purpose: to ensure the smooth execution of all projects and to foster a transparent, trustworthy relationship with our clients. These terms are not hidden clauses or “fine print” designed to “catch” anyone unawares. Instead, they are guidelines that outline our mutual responsibilities and set the stage for a successful partnership.
We believe in clear communication and mutual understanding as the foundation of any project we undertake. This document serves to clarify expectations, rights, and obligations for both Tartan Robot Design Studio and our valued clients, ensuring a seamless and positive experience from start to finish.
By proceeding with our services, you acknowledge that you have read, understood, and agreed to these terms, which have been developed in the spirit of ensuring fairness and efficiency for all involved. We welcome any questions or concerns regarding our T&C and are committed to addressing them to your satisfaction. Please address all questions to start@tartanrobot.com
Definition of Terms
For the purposes of these Terms & Conditions, the following definitions apply:
Tartan Robot Design Studio: Referred to as “Tartan Robot Design Studio,” “TRDS,” “we,” or “us” henceforth, represents the digital design and development service provider.
Client: Referred to as “Client,” or “you,” denotes any individual, company, or entity that engages Tartan Robot Design Studio for services as outlined in any project proposal, service agreement, or contract.
Additional Definitions
Services: Refers to all work performed by TRDS, including but not limited to website design, development, content creation, search engine optimisation (SEO), social media setup, and e-commerce integration.
Project: Denotes any specific task or set of tasks undertaken by TRDS as requested by the Client, covered under a specific proposal, service agreement, or contract.
Content: Includes all materials provided by the Client or created by TRDS for use in the Project, such as text, images, videos, and graphics.
Package: Refers to pre-defined bundles of Services offered by TRDS, which may include combinations of website design, hosting, domain registration, and other related services.
Account: Represents the Client’s registration and access to TRDS’s services, including personal, billing, and project information.
Cancellation Period: The timeframe within which the Client must notify TRDS of their intention to terminate the Services, as previously outlined to be 7 days.
Intellectual Property (IP): Pertains to creations of the mind for which exclusive rights are recognised. Under these Terms & Conditions, it encompasses copyrighted materials, trademarks, service marks, trade names, and patents used or created during the provision of Services.
Turnaround Time: The estimated duration for completing a specific Project or task, commencing from the reference start date as defined.
Outstanding Balances: Refers to any unpaid fees, charges, or costs due from the Client to TRDS for Services rendered.
General Terms
Material Retention and Return: Any content provided to TRDS for your website’s creation will not be stored or returned after the project’s completion unless explicitly requested.
Tentative Domain Selection: The choice of domain names during registration is provisional until your website is fully live. Our domain availability checker should be regarded as a preliminary tool, not a guarantee.
Client’s Copyright Responsibility: It is the Client’s responsibility to ensure compliance with copyright and third-party copyright laws. TRDSis not liable for copyright infringements.
Website Design Attribution: A discreet “Website Design by Tartan Robot Design Studio” link will be placed in your website’s footer for promotional purposes. Removal of this link is available upon request, subject to a fee.
Use of Designs in Portfolio: TRDS reserves the right to display any design work from your project in our portfolio.
Downtime Compensation Policy: In the event of server downtime, TRDS offers compensation of one day’s hosting for every hour of downtime, capped at a maximum of one month’s hosting, upon request.
Service Liability Limitation: Our responsibility for the services provided is strictly limited to the payment received for those services.
Website Traffic Data: The accuracy of website statistics provided by TRDS may be affected by non-human traffic. We regularly adjust for bot activity, which may cause changes in your website’s statistical data.
Illegal Activity Policy: TRDS reserves the right to suspend or terminate accounts if there is reasonable evidence of illegal activities, including but not limited to, fraud or impersonation. No payments to date shall be returned if this policy is breached.
Setting Client Expectations Clearly: TRDS prioritises transparent communication of its policies, including the explicit understanding that services may be selectively accepted based on the studio’s discretion. This upfront clarity aims to set realistic expectations, potentially reducing the likelihood of dissatisfaction should a project not be commenced.
Rights to Feedback: Customers retain the freedom to share their experiences with TRDS, including instances when service is declined. Feedback, including critical reviews, is considered a part of free expression, provided it adheres to truthfulness and avoids defamation. TRDS respects this right, even as it emphasises its commitment to fair and thoughtful consideration in all Client interactions.
Engagement with Customer Feedback: TRDS views the resolution of any negative feedback as an opportunity for dialogue and improvement, indicating a proactive stance towards maintaining its reputation for quality and fairness. The studio’s approach includes addressing concerns and clarifying policy positions in response to reviews, rather than seeking to invalidate customer experiences.
Professional and Constructive Feedback Responses: TRDS believes in responding to all feedback constructively, recognising the value of customer perspectives. By engaging professionally with reviews, the studio demonstrates its dedication to excellence and Client satisfaction, even in cases of service refusal.
Commitment to Ethical Service Provision: The studio’s policy on selective project engagement is applied uniformly and transparently, avoiding discrimination based on any protected characteristics. TRDS is dedicated to upholding high ethical standards in all its business practices.
Right of Refusal Clause: TRDS reserves the right to refuse projects at our discretion. This decision may be made for a variety of reasons, which the studio is not obligated to disclose. We aim to ensure that our capabilities and Client expectations align closely, prioritising projects that best fit our expertise and values. Should TRDS decide not to undertake a project, we are committed to communicating this decision respectfully and promptly. We appreciate the understanding of all prospective Clients regarding this policy. Negative feedback arising specifically from our exercise of this right, where no service has been provided, will be addressed in the spirit of our commitment to fairness and quality communication.
Jurisdiction: The agreement is under the exclusive jurisdiction of the courts of Scotland.
Website Ownership and Rights
Ownership: At TRDS, we firmly believe that the work we create for you, the Client, belongs to you. This principle is reflected in our approach to website development, where the ownership of the finished website and all associated content is transferred to you upon completion. The initial development cost covers this transfer of ownership. It’s important to note, however, that because we incorporate certain third-party tools and services to enhance your website, some elements may not be replicable exactly as seen on the original site if moved to a different hosting environment or platform. This is due to licensing restrictions or proprietary technology of these third-party services.
Account Liability: The responsibility for any outstanding balances is assigned to the company or individual named on the account. In cases where an incorrect company name is entered, the individual who created the account assumes liability.
Ownership Transfer: To transfer account ownership, all balances must be settled. Subsequently, we require comprehensive contact details from the new owner and a transfer request confirmation from the current owner in writing, including matching contact details.
Transfer Rights: TRDS commits to maintaining up-to-date backup files of your website. Our daily backup routine is designed to mitigate security risks and minimise downtime from malicious attacks. In the event you decide to cancel your services with us, we are prepared to provide all necessary files to ensure a smooth transition of your site to another provider, adhering to our 7-day notice policy for cancellations.
Backup Files: Expanding on our commitment to safeguarding your website, TRDS holds all files related to your site, available to you upon cancellation. Our robust backup strategy ensures that your digital assets are secure and can be readily transferred, aligning with our clear cancellation policy.
Domain Name Inclusion: Each of our website packages comes with the registration of one domain name on behalf of the Client. Available options include .com, .co.uk, .org.uk, or .org domains. Should you opt for a top-level domain outside of these options, additional fees may apply. Tartan Robot Design Studio will communicate any such fees prior to registering the domain to ensure full transparency and consent.
Domain Registration: Each website package from TRDS includes the registration of one domain name, with options such as .com, .co.uk, .org.uk, or .org. Should you choose a top-level domain outside of these, we will communicate any additional fees prior to registration. The domain name, once registered, is yours and purchased on your behalf.
Domain Transfer Policy: Domain names registered through Tartan Robot Design Studio can be transferred to another provider upon request. A £15 administration fee applies to each transfer. Please note that transfers will be processed only after all outstanding balances on the account have been cleared and the cancellation policy envoked.
Intellectual Property (IP): While the creative and functional elements we develop for your site are considered your intellectual property, it’s crucial to understand that themes, plugins, and other tools managed under TRDS accounts are subject to our ownership. API keys or proprietary software access will not be shared directly. We will, however, provide a comprehensive list of all third-party tools used in your project, allowing you the option to establish individual accounts or licenses as needed.
Ongoing Use and Licensing: We ensure the transfer of images and text under our umbrella licenses, with the understanding that the maintenance of any premium plugins or tools—critical to site functionality—will become the Client’s responsibility post-transfer. It is important for Clients to manage these relationships and ensure continued functionality and compliance.
Termination of Services: TRDS is dedicated to supporting you through the transition should services be terminated, whether by facilitating dialogue with your new web developer or providing insights into the site’s construction. However, future functionality issues and the overall performance of the website once transferred fall outside our scope of responsibility. We encourage open communication to ensure that all necessary information and resources are provided for a seamless transition.
Payment Terms and Conditions
Initial Payment: On all occasions prior to the start of any work we require a 50% non-refundable deposit based on the total value of all services required.
2nd Payment: We will require the second payment of 50% after we have produced the first draft and it has been approved.
Fee Adjustments: We reserve the right to adjust ongoing fees annually in accordance with inflation rates.
Payment Schedule: All invoices should be settled by the specified invoice date. Initial payments or deposits for any service, such as website or logo design, are non-refundable.
Monthly Payments: If opting for monthly payments, billing commences one month from your signup date to accommodate immediate hosting setup for website construction and other services, with recurring payments each month until account cancellation.
Annual Payments: If opting for an annual payment, obligations fall on the anniversary of your sign-up, with the first payment due at registration unless otherwise arranged. This annual fee recurs until the cancellation process is completed as described.
Automatic Renewal: Ongoing fees renew automatically each month/year unless cancelled before the renewal date.
Additional Charges: Late or declined payments may result in additional charges passed onto you. A chargeback incurs a £25 fee.
Automatic Payment Authorisation: By providing payment details online or over the phone, you authorise us to automatically process ongoing fees until cancellation is requested.
One-off Payments: With your consent, we can replicate a past transaction for one-off payments without needing to re-enter payment details, executed only with your explicit permission.
Project Delays: Delays exceeding 3 months due to insufficient Client feedback, despite multiple requests for information, may lead to a demand for immediate settlement of any outstanding invoice balance.
Late Payment Fees: A £20 fee applies to late payments. Accounts over 20 days past due, following multiple contact attempts, may be closed, forfeiting any deposits.
Cancellation Policy
Notice Period: TRDS adheres to a 7-day cancellation policy. Clients wishing to terminate their services must provide notice at least 7 days prior to the intended cancellation date. This notice should be communicated through the prescribed channels, ensuring clear documentation of the cancellation request.
Finalisation of Account Balances: Upon receiving a cancellation notice, all account balances and pending invoices must be settled within the 7-day notice period. It is the Client’s responsibility to clear any outstanding arrears to ensure a smooth termination process. Failure to settle these balances may result in delayed cancellation and additional charges.
Cancellation during build phase: Should the Client wish to cancel the project or service at any time prior it is entirely possible. However the financial implications of cancellation depend on the timing. If you decide to cancel after we’ve delivered your first draft, you’ll be required to settle the remaining balance of the website build, which typically amounts to the remaining 50% of the project cost. On the other hand, if you choose to cancel before we’ve produced the first draft, you will forfeit your initial 50% deposit but will not be obligated to pay the remaining balance. Either way all deposits are non-refundable.
Account Closure and Documentation: The cancellation of services will be officially recognised only after all financial obligations have been met and confirmed by TRDS. Clients will receive written confirmation of their account closure, marking the completion of the cancellation process. It’s important for Clients to retain this documentation for their records.
Arrears Settlement: In cases where accounts are in arrears at the time of cancellation, TRDS reserves the right to pursue the collection of any outstanding amounts. This may involve additional fees and, if necessary, legal action to recover the owed sums. Clients are encouraged to address any financial concerns or difficulties with our support team promptly to find a mutually agreeable solution.
Refund Policy: Refunds for services will be considered in accordance with the terms of the agreement signed at the commencement of services. Generally, non-refundable deposits or payments for completed work will not be eligible for refunds. However, any prepayments for services not yet rendered may be subject to partial refunds, based on the discretion of TRDS and in alignment with our service agreement.
Data and Content Transfer: Should Clients require the transfer of data or content hosted by TRDS as part of the cancellation process, requests must be made during the notice period. TRDS will assist in the transfer, subject to any applicable fees and the technical feasibility of the request. (Please refer to the above section ‘Website Ownership and Rights’ for a more comprehensive breakdown.)
Additional Services and Responsibilites
Project Turnaround Times: Our project turnaround times are estimates, reflecting average past performance unless specified otherwise.
Project Start Date for Turnaround: The calculation of turnaround times begins the first working day after we are positioned to commence the project. For instance, if a brand survey is submitted at 11 pm on a Friday, the project’s start date is the following Monday.
SSL Security: SSL must be requested during the website build. Post-launch requests incur a setup fee.
Printing Quality: Clients are responsible for the print quality of designed items and must check for errors.
Stock Images: Stock images provided are for website use only, expiring upon website launch.
Design Services for Print: We offer design services for print materials like business cards and letterheads but do not handle printing. The provided digital copies will be high-quality, flattened versions, without editable files. Future edits will incur our standard hourly rate.
Search Optimisation: Target keywords can be changed once every three months.
Social Media Setup: Includes only Twitter and Facebook account setup, requiring a personal Facebook account for page management.
Ecommerce Payment Gateways: Integration is limited to Paypal, Stripe, Sagepay, and Worldpay, with guidance provided for setup. Charges may apply for additional assistance.
Package Feature Expiry: Features of ongoing packages expire at the end of each period and do not roll over.
Promotional Offers: Offers are standalone and cannot be combined with other promotions.
Content Writing: Content writing fees cover up to 500 words per page, with additional fees for longer content. We strive for accuracy in grammar, spelling, and facts, but the ultimate responsibility rests with the Client post-publication.
Client-Provided Content: We do not proofread Client-supplied content and are not liable for any errors.
Product Listings Limitation: For e-commerce sites, please note that due to time constraints, we do not list all your products.
Conditions of Service: Prior to the start of any project and service the Client must have read the FAQ’s section of our website, these Terms and Conditions and signed the Terms of Agreement contract. In doing so they agree to them.
BANNER DESIGN
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