Setup Service Agreement between Flothemes and Customer

This Agreement has been last updated on 21st March 2023.

1. Summary:

We’ll always do our best to fulfill your needs and meet your expectations with your Flothemes Setup Package, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short:

You, the Customer, agree to the terms of service you have selected for your FLOTHEME product which include:

Simple Setup (discontinued in 2022)

Advanced Setup

Pro Setup (discontinued in 2022)

See Below for full details.

1.1. Simple Setup

To start you must have:

• A Domain Name – the name of your site, you can purchase a domain name from GoDaddy etc.

• Hosting Service – if you haven’t already got a hosting service or would like a recommendation for hosting we have a list of recommended hosting providers here (we strongly recommend SiteGround for WordPress hosting).

What we do:

• Set up of WordPress on hosting if required

• Migration of current WordPress / Squarespace Blog (and retention of the correct permalink structure)

• Set up of Layouts for relevant pages (within theme’s capabilities), based on the installation form

• Assistance with additional styling once content is in place

• One to one contact with an installation set up until launch

• Two Screen sharing sessions (up to 45 mins) one to go over next steps and educate you on using our theme (this is a great chance to ask questions) and adding content. And finally, one to review site for final changes before launch.

• Launch of site on new or existing domain

• Contact Page Set Up

• Installation of required and recommended plugins

Response Times

Response times to emails will be within 24 hours, this is especially relevant for long lists of changes and items where we need to provide detailed answers to your questions.

What we don’t do:

• Design Services – Whilst we are here to assist with setting up and styling your site, we are not a design service. You will be working with a developer that can assist with styling after all content is added to the site. If you require full design services and direction, refer to Pro Setup package or our Custom packages.

• Theme modifications – as it is a product, it comes with set features and functionality out of the box, we are not responsible for modifying the theme, again if you require something additional, please let us know and we’ll see if we’re able to assist (additional costs may be incurred).

• Uploading new content – this is your responsibility and should be considered before purchase. If you require additional assistance please let us know. We will be guiding and educating you on how to add anything relevant to your site.

What you do:

• Adding new or additional content, this includes slideshow images, gallery images and inside page content

• Design direction (the team do not provide design direction if required, get in touch for design services)

• Set up and integration of third party plugins (can offer guidance)

Time Frame

The initial site set up based on your installation form will be completed between 2-3 weeks (this may vary, you’ll be notified after your form is submitted) after initial form completion.

The full installation package has a 3-month time limit after the site is sent over for initial review. If the site is not completed within this time frame, the services can be terminated. We do offer the option to extend the installation service for a re-engagement fee, please contact us for further details.

1.2. Advanced Setup

To start you must have:

• A Domain Name – the name of your site, you can purchase a domain name from GoDaddy etc.

What we do:

• Set up of WordPress on hosting if required

• Migration of current WordPress / Squarespace Blog (and retention of the correct permalink structure)

• Set up of Layouts for relevant pages (within theme’s capabilities), based on the installation form

• Assistance with additional styling once content is in place

• One to one contact with an installation set up until launch

• Site optimization and SSL implementation

• 1 SEO consultation call – dedicated video screensharing call

• Launch of site on new or existing domain

• Contact Page Set Up

• Installation of required and recommended plugins

Response Times

Response times to emails will be within 24 hours, this is especially relevant for long lists of changes and items where we need to provide detailed answers to your questions.

What we don’t do:

What you do:

• Adding new or additional content, this includes slideshow images, gallery images and inside page content

• Design direction (the team do not provide design direction if required, get in touch for design services)

• Set up and integration of third party plugins (can offer guidance)

Time Frame

The initial site set up based on your installation form will be completed between 2-3 weeks (this may vary, you’ll be notified after your form is submitted) after initial form completion.

1.3. Pro Setup

To start you must have:

• A Domain Name – the name of your site, you can purchase a domain name from GoDaddy etc.

What we do:

• our creative team will set an aesthetic direction and design your Homepage based on provided information inside the installation form

• Set up of WordPress on hosting if required

• Migration of current WordPress / Squarespace Blog (and retention of the correct permalink structure)

• Set up of Layouts for relevant pages (within theme’s capabilities), based on the installation form

• Assistance with additional styling once content is in place

• One to one contact with an installation set up until launch

• Site optimization and SSL implementation

• 1 SEO consultation call – dedicated video screensharing call

• Launch of site on new or existing domain

• Contact Page Set Up

• Installation of required and recommended plugins

Response Times

Response times to emails will be within 24 hours, this is especially relevant for long lists of changes and items where we need to provide detailed answers to your questions.

What we don’t do:

• Custom Design Services – Whilst our creative team will mock up your homepage and set a visual direction based on your direction, the design solutions are limited within theme’s capabilities. If you require a custom solution, refer to our Custom packages.

What you do:

• Adding new or additional content, this includes slideshow images, gallery images and inside page content

• Design direction (the team do not provide design direction if required, get in touch for design services)

• Set up and integration of third party plugins (can offer guidance)

Time Frame

The initial site set up based on your installation form will be completed between 2-3 weeks (this may vary, you’ll be notified after your form is submitted) after initial form completion.

1.4. Custom Packages (discontinued)

To start you must have:

• A Domain Name – the name of your site, you can purchase a domain name from GoDaddy etc.

What we do:

• Set up of WordPress on hosting if required

• Design of pages based on package purchased

• Migration of current WordPress / Squarespace Blog (And retention of the correct permalink structure)

• Set up of Layouts based on the approved design mock up

• One to one contact with an installation set up until launch

• Launch of site on new or existing domain

• Contact Page Set Up

• Installation of required and recommended plugins

• Educational Video tutorials to manage and edit the site

Response Times

Response times to emails will be within 24 hours, this is especially relevant for long lists of changes and items where we need to provide detailed answers to your questions.

What we don’t do:

What you do:

• Adding new or additional content, this includes slideshow images, gallery images and inside page content

• Set up and integration of third party plugins (can offer guidance)

Time Frame

The initial designs will be completed in around 2 weeks upon form completion. Upon approval of designs, the development process can take up to 4 weeks based on the availability of our developers. A timeframe will be agreed upon approval of the designs.

The custom installation packages have a 3-month time limit after the site is sent over for initial review. If the site is not completed within this time frame, there may be additional charges to continue our services. If pricing has changed within this period, the balance should be paid in full to cover the increasing costs of the service.

2. What you Agree to:

You:

You have the authority to enter into this contract on behalf of yourself, your company or your organization to accept the package selected. You do have the rights to change this agreement by upgrading, changing your package.

You’ll first complete our collection form and will be responsible for adding your own media content. You will receive all guidelines on what content you will be required to submit and will have a 2 month period from purchase to set up and complete your package within Flothemes services. If more time is required, there may be additional fees to continue the service.

Us:

We have the experience and ability to do everything we’ve listed in the package offerings with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.

3. GETTING DOWN TO THE NITTY GRITTY

3.1. Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We do provide optimization and limited SEO service offerings also ( withinAdvanced and Pro Setup packages, and offered as separate services). If you would like to know more we can assist.

3.2. Graphics and Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format (minimum 1800×1200). If you choose to buy stock photographs, we can suggest stock libraries.

3.2. Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have hosting, though if you don’t, we can set up an account for you at one of our preferred hosting providers listed here.

We will set up your site on your hosting server, plus any statistics software such as Google Analytics, Search Console (Webmaster Tools) or set up your Google App email and integrate your contact form into a studio management tool which may be charged additionally.

Then, the updates to, and management of that server will be up to you.

3.3. Search engine optimization (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but our themes are fully web optimized and we do offer speed optimization services (speed is a key SEO ranking factor) if interested.

3.4. Changes and revisions

We don’t want to limit your ability to change your mind however we do have a limit on the extent of our services. As mentioned, we will aim to assist with all styling and changes to the site, within the products capability. There will be times where items are simply not possible.

3.5. Legal stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, 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.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, 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.

3.6. Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. Our team reserves the right to refuse implementing/designing elements that are inspired or are a direct copy of a third party intellectual and creative property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy.

You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

3.7. Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project in our portfolio and in articles on websites, in magazine articles and in books.

3.8. Payment schedule

All payments are made in full at the start of the project. Additional services or add-ons will be purchased throughout the process of the project or at the end.

3.9. Refund Policy

Once the payment is processed, all payments are final. Before making a purchase, please confirm that the package is suitable for your needs.

4. But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of California courts.

5. The dotted line

By clicking accept you agree to the above terms of the agreement between you and FLOTHEMES.