Introduction

The following terms and conditions apply to all services provided by RKWO Ltd (defined as “RKWO” throughout this agreement) to the customer (defined as “Client” and/or “the Client” throughout this agreement).

Questions, comments and requests regarding these terms and conditions are welcomed and should be addressed to RKWO, International House, 64 Nile Street, London, N1 7SR. Alternatively, you can email RKWO directly at general@rkwo.com.

Terminology used within these terms

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

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

  • RKWO – 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 and conditions 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 and conditions in full. It is encouraged by RKWO that the Client prints a copy of these terms & conditions for their own records.

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

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

Payments

Unless agreed otherwise between RKWO and the Client in writing (email is acceptable), all services provided by RKWO 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 RKWO to the Client being made public or uploaded to a server outside of RKWO’s absolute control.

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

Hourly rate

All quotes are priced at RKWO’s hourly rate of sixty-five (65) pounds per hour. RKWO’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 RKWO 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, RKWO automatically holds the right decline the any or all services within the quote to the Client without any notice at all. RKWO 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 RKWO’s server; RKWO will, at its discretion, remove all such material from its server. RKWO 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 RKWO reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by RKWO in enforcing these terms and conditions.

Client review for projects

RKWO 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 RKWO 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 RKWO which was not previously outlined as part of the services within quotation provided by RKWO 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 RKWO 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 RKWO (for the purposes of the services provided by RKWO 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 RKWO with any physical materials, every reasonable attempt shall be made by RKWO 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 RKWO aware of this deadline date in writing (email is acceptable), before any payment towards the quotation provided by RKWO 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 RKWO to the Client, it is still up to the Client to remind RKWO of any deadline date in writing (email is acceptable), provided RKWO 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 RKWO agree to it, prior to any payment made by the Client towards the quotation RKWO has provided.

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

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

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

Access requirements

If the Client’s website is to be installed on a third-party server, RKWO 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 RKWO carry out the services required for the Client.

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

Post-live alterations

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

Additional expenses

The Client agrees to reimburse RKWO 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 RKWO 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.

Updates to third-party-related services

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

Web browsers

RKWO 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 RKWO can not guarantee correct functionality with all browser software across different operating systems, including but not limited to any version of Internet Explorer.

RKWO can not accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, RKWO 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 RKWO are largely related to third-party services and algorithms, RKWO can not guarantee any results to the Client for RKWO’s digital marketing services.

For website redesign projects at RKWO, unless specifically stated by RKWO 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 RKWO by default.

Domains

RKWO 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 RKWO. 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

RKWO 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 RKWO 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, RKWO 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 RKWO, the Client understands that RKWO 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 RKWO, the Client understands that RKWO 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 RKWO are billed annually. Costs may increase at the end of annual contracts.

Termination

Termination of services by the Client must be requested in a written notice (email is acceptable) and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing (email is acceptable). 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.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants RKWO the rights to publish and use such material for presentation purposes publically, including, but not limited to, RKWO’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 RKWO to the Client. The Client is further responsible for granting RKWO permission and rights for use of the same and agrees to indemnify and hold harmless RKWO 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 RKWO 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 RKWO 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 RKWO from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

Indemnity & Liability

RKWO 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 RKWO 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 27th of July, 2020.