Terms of service

Introduction

The following terms of service apply to all services provided by Point & Quack, which is a trading name of RKWO Ltd (defined as “Point & Quack” throughout this agreement) to the customer (defined as “Client” and/or “the Client” throughout this agreement).

Questions, comments and requests regarding these terms of service are welcomed and should be addressed to Point & Quack, 2 Huntingdon St, St Neots PE19 1BG. Alternatively, you can email Point & Quack directly at studio@pointandquack.com.

Terminology used within these terms

The terminology used within these terms may be difficult to understand for those who are not familiar with how digital services work.

If the Client is unfamiliar with any terminology used throughout this agreement, Point & Quack requests that the Client asks Point & Quack these questions for more clarity.

  • Point & Quack – RKWO Ltd, including any of their staff and directors.
  • Client – you (the customer)
  • the Client – you (the customer)
  • Quotation – a cost for service (not case-sensitive)
  • Proposal – a cost for service (not case-sensitive)

Terms of this agreement

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms of service for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms of service in full. It is encouraged by Point & Quack that the Client prints a copy of these terms of service for their own records.

These terms of service supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes an agreement to and acceptance of these terms of service.

Please read these terms of service carefully. Any purchase of Point & Quack’s services implies that the Client has read and accepted Point & Quack’s terms of service. Payment online is also an acceptance of Point & Quack’s terms of service.

Payments

Unless agreed otherwise between Point & Quack and the Client in writing (email is acceptable), all services provided by Point & Quack to the Client require an advance non-refundable payment (the deposit) of a minimum of fifty (50) per cent of the project’s quotation total, before the work is supplied to the Client for an end of project review.

This payment acts as a non-refundable deposit for the project. A second payment with the remaining due of fifty (50) per cent of the project quotation total will be due upon completion of the work, prior to any service provided by Point & Quack to the Client being made public or uploaded to a server outside of Point & Quack’s absolute control.

Payments by BACS

Payment for services is due by bank transfer (also known as BACS). Bank details will be made available on invoices.

Payments by PayPal

PayPal payments are also accepted, provided the client pays any fees.

Payments by Stripe

Point & Quack may run recurring payments through an online service called Stripe. These payments are usually, but not limited to, monthly hosting, monthly maintenance plans, monthly support plans and other various recurring payments.

Cancelling recurring payments made by Stripe

In order to cancel any recurring payments made through Stripe, clients must contact Point & Quack by telephone on 0800 246 5673 or alternatively by email at studio@pointandquack.com.

Hourly rate

All quotes are priced at Point & Quack’s hourly rate of sixty-five (65) pounds per hour. Point & Quack’s day rate is equivalent to eight (8) hours of work, which equates to five hundred and twenty (520) pounds per day.

Quotes

All quotes provided by Point & Quack to the Client are subject to them being paid within thirty (30) days of receipt via email. If the decision to pay is longer than thirty (30) days, Point & Quack automatically holds the right to decline any or all services within the quote to the Client without any notice at all. Point & Quack also holds the right to send another quote (a requote) to the Client, which may even be at an altered price.

Defaults (failure to pay)

Accounts unpaid by the Client thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Point & Quack’s server; Point & Quack will, at its discretion, remove all such material from its server. Point & Quack is not responsible for any loss of data incurred due to the removal of the Client’s service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Point & Quack reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Point & Quack in enforcing these terms of service.

Client review for projects

Point & Quack will provide the Client with a minimum of two opportunities to review the appearance, content and functionality (where applicable) of the services provided before the project’s final completion.

At the completion of the services, such materials will be deemed to be fully accepted and fully approved, unless the Client notifies Point & Quack otherwise within seven (7) days of the date the materials were made available to the Client.

Any services or functionality for the project requested by the Client to Point & Quack which was not previously outlined as part of the services within quotation provided by Point & Quack to the Client will be classed as additional services for the project. Should there be any additional services for the project, an additional quote will be sent to the Client by Point & Quack for the additional services requested by the Client.

Standard media delivery

Unless otherwise specified in the project quotation, this agreement assumes that any material provided by the Client to Point & Quack (for the purposes of the services provided by Point & Quack to the Client) in electronic format; documents, photograph or video files will be provided via a secure Dropbox account, Google Drive account or through a secure email. Should the Client provide Point & Quack with any physical materials, every reasonable attempt shall be made by Point & Quack to return these physical materials to the Client, however, such return can not be guaranteed.

Turn around time

Should the Client have a deadline for their project, the Client will need to make Point & Quack aware of this deadline date in writing (email is acceptable), before any payment towards the quotation provided by Point & Quack to the Client has been made.

If the deadline date was discussed within a meeting or phone call, prior to a formal quotation being sent by Point & Quack to the Client, it is still up to the Client to remind Point & Quack of any deadline date in writing (email is acceptable), provided Point & Quack has not already put this deadline date within their proposal for the Client or in a written email to the Client.

The deadline date will only be considered as the project’s deadline date, should both the Client and Point & Quack agree to it, prior to any payment made by the Client towards the quotation Point & Quack has provided.

Point & Quack will install and publicly post or supply (where applicable) the Client’s services by an agreed date between the Client and Point & Quack when Point & Quack has received the project’s final payment (the remaining due patent) unless a delay is specifically requested by the Client and agreed by Point & Quack.

The Client agrees to delegate a single individual as a primary contact to aid Point & Quack with progressing the commission in a satisfactory and expedient manner in order to meet any deadline date.

During the project, Point & Quack may require the Client to provide content; text, images, movies, sound files and other materials related to the services Point & Quack quoted for the Client.

Access requirements

If the Client’s website is to be installed on a third-party server, Point & Quack must be granted temporary read/write access to the Client’s storage directories, which must be accessible via FTP and/or access to the Client’s database, which must be accessible via phpMyAdmin and/or a Shell terminal. Depending on the specific nature of the project, other resources may also need to be configured on the website and/or server, which will help Point & Quack carry out the services required for the Client.

It is the Client’s responsibility to help grant Point & Quack with the access Point & Quack requires to the website and/or server, along with any other access which Point & Quack may require, for example, but not limited to, any third-party services relating to the services Point & Quack will provide to the Client.

Post-live alterations

Point & Quack will not accept responsibility for any alterations caused by the Client or a third party (anyone other than Point & Quack) occurring to the services provided by Point & Quack. Such alterations include, but are not limited to additions, modifications or deletions to services provided by Point & Quack.

Additional expenses

The Client agrees to reimburse Point & Quack for any additional expenses necessary for the completion of the work.

Examples would be the purchase of:

  • Special fonts
  • Stock photography
  • Domain names (including but not limited to registrations, renewals and transfers)
  • Server expenses (including but not limited to setups, renewals and upgrades)
  • Website plugins (including but not limited to setups, updates and upgrades)
  • Third-party APIs (including but not limited to setups, updates and upgrades)
  • Third-party software (including but not limited to setups, updates and upgrades)

For third-party subscription and pay-as-you-go related expenses, the Client understands that they will need to set up their own account and billing method with the respective third-party.

For example, websites created by Point & Quack for the Client which include interactive maps or location services, the Client will need to set up an account and billing method with Google, in order to pay for Google’s API usage themselves.

In relation to updating and/or upgrading any third-party integration and/or software which Point & Quack has provided to the Client, the Client agrees to pay Point & Quack’s hourly rate and any expenses occurred for updating and/or upgrading any third-party integration and/or software.

Web browsers

Point & Quack makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular browsers, those being the latest versions of; Google Chrome, Firefox and Safari. The client agrees that Point & Quack can not guarantee correct functionality with all browser software across different operating systems, including but not limited to any version of Internet Explorer.

Point & Quack can not accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Point & Quack reserves the right to quote for any work involved in changing the website for it to work with updated browser software.

Digital marketing

As digital marketing services provided by Point & Quack are largely related to third-party services and algorithms, Point & Quack can not guarantee any results to the Client for Point & Quack’s digital marketing services.

For website redesign projects at Point & Quack, unless specifically stated by Point & Quack within a project proposal or email to the Client, 301 redirects (redirecting old website URLs to new website URLs) is not a service provided by Point & Quack by default.

Domains

Point & Quack may purchase domain names on behalf of the Client. Payment and renewal of these domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Point & Quack. The Client should keep a record of the due dates for payment in order to ensure that payment is received in good time.

Online hosting & Servers

Point & Quack may offer online hosting services to the Client. The servers used to host the Client’s website and/or email accounts and/or any electronic materials related to the services provided by Point & Quack to the Client are provided by Krystal Hosting Ltd and/or Amazon Web Services, Inc. and/or Digital Ocean, LLC. Either of these providers (Krystal Hosting Ltd, Amazon Web Services, Inc. and Digital Ocean, LLC) do not provide any one-hundred (100) per cent uptime/online time guarantee for their servers. Therefore, Point & Quack can no be held accountable for any hacks, data breaches, delays, downtime/offline time of the servers which the Client and/or their customers may experience.

Security considerations

If the Client chooses to host their website and/or emails on the servers provided by Point & Quack, the Client understands that Point & Quack does have administrator-level access, which can allow them to open hidden server files and/or email accounts without the use of any authentication.

Email migrations

If the Client decides to move their emails over to a server provided by Point & Quack, the Client understands that Point & Quack will not offer any migration service to migrate emails over to the new server by default unless it is specifically stated within a project’s proposal or written email.

Default web server specifications

By default, all web server hosting packages include:

  • 1GB SSD disk space
  • Unlimited MySQL/MariaDB Databases
  • Weekly or monthly backups (upon request)
  • Unlimited bandwidth
  • Up to 3 Subdomains
  • Up to 10 Emails (maximum of 1GB of size each)
  • Free SSL Certificates provided by Let’s Encrypt for domains hosted on this server

Server costs

All servers supplied by Point & Quack are either billed monthly or annually unless explicitly stated in writing by Point & Quack. Costs may increase at the end of any contract.

Termination

Termination of services by the Client must be requested in a written notice (email is acceptable) or by telephone and will be effective on receipt of such notice from the current billing date. The Client will be invoiced for the services undertaken to the date of first notice of termination for payment in full within thirty (30) days.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Point & Quack the rights to publish and use such material for presentation purposes publically, including, but not limited to, Point & Quack’s portfolio and case studies.

The Client must obtain permission and rights to use any information or files that are copyrighted by a third party, which are to be used for the services provided by Point & Quack to the Client. The Client is further responsible for granting Point & Quack permission and rights for use of the same and agrees to indemnify and hold harmless Point & Quack from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Point & Quack that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Even after any service and/or partial-service (partial-services are in the event of a termination and/or cancellation) provided by Point & Quack to the Client has been completed, the Client is still responsible for obtaining all such permissions and authorities and the Client still agrees to indemnify and hold harmless Point & Quack from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

Indemnity & Liability

Point & Quack hereby exclude themselves, their employees and/or their agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to the client’s artwork or photos, supplied for the website. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Point & Quack to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

Governance

This agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.

This document was last edited on the 12th of January, 2023.