Terms and Conditions

TERMS OF SERVICE

Updated 11/1/2018
OVERVIEW

This website is operated by Robison Digital Media (RDM). Throughout the site, the terms “we”, “us” and “our” refer to RDM. RDM offers this website, including all information, tools and services available from this site to you, the user or buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These are the standard terms and conditions for website design and development and apply to all contracts and all work performed by Robison Digital Media.

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses or 30 calendar days, whichever is earlier.
Prices for our products are subject to change without notice.

If you are not pleased with our work and we can’t come to an agreement, our refund policy works as below:

100% of the deposit will be refunded if requested within 20 calendar days from the date of order.
Refund not applicable on domain registration fees.
Refund not applicable for any delays out of our control.
Refund not applicable once the website is completed.

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

We encourage you to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $55 per hour.

Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available daily in order to expedite the feedback process. We will not be responsible if the web design project remains largely unfinished or is delayed due to your own inaction, or by not approving design mockups / requesting web design changes on time.

Upon completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.

Upon completion of the 7-day review period and before the launch of the website on your domain name, we will invoice you for the 50% balance of the project. We will never automatically charge your card without your approval. We reserve the right to remove any RDM pages or projects from viewing on the Internet until final payment is made. You unconditionally and personally guarantee the payments. Should collection become necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Once you have paid us in full for our work, we give you ownership of the website and its content. You grant us a license to use the website and contents as part of our portfolio, for the life of the website.

All websites designed by us are search engine friendly. We do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practice.

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in the performance or completion of our contract, however that delay arises.

Notwithstanding anything to the contrary contained in this contract, neither Robison Digital Media nor any of its employees or agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In no event will RDM or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Robison Digital Media has been advised of the possibility of such damages.

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third-party software, stock photographs, fonts, additional SEO or advertising services or any other comparable expenses. These extra add-ons are to be paid immediately upon your request.

You own your domain name and are responsible for securing it and for its renewal. Upon request, we may make the initial purchase, provided you reimburse us for the cost.

Our standard services include web hosting with Site Ground. When you use this service, we will manage all performance, security, and technical support-related issues. You are always welcome to use your own hosting, but we will not ensure performance, security or functionality of their services.

If you do not use our hosting, you are responsible for maintaining your own backups with respect to your website. We will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Robison Digital Media reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. We also have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.

You agree to indemnify, defend and hold harmless RDM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the State of Tennessee, United States. Any dispute will be litigated or arbitrated in the State of Tennessee, and you hereby consent to the personal jurisdiction of the Hamilton County, Tennessee Courts.

Questions about the Terms of Service should be sent to us at sayhi@robisondigital.media.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.