Setup Service Agreement between Flothemes and Customer

This Agreement has been last updated on 12th May 2023.

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)

Advanced Setup

Pro-Setup (discontinued)

See below for full details.

1. Advanced Setup

To start you must have:

• A Domain Name – the name of your site, you’ll need to get started by owning a domain name. Please refer to this Get Started checklist: https://flothemes.com/get-started-flothemes.

• 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 as a WordPress hosting).

What we do:

• Set up WordPress on hosting if required

• Our creative team will set an aesthetic direction and design your Homepage based on provided information inside the installation form (Not included in the Simple and Advanced Setup Packages)

• Migration of the current WordPress website (and retention of the correct permalink structure)

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

• Assistance with additional styling once content is in place

• One-on-one contact with a Services team member

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

• Site optimization and SSL implementation (if available) (Not included in the Simple Setup Package)

• 1 SEO consultation call – a screen-sharing session (Not included in the Simple Setup Package)

• Installation of required and recommended plugins

• Launching the website on the existing or on a new domain

Response Times

Response times to emails will be within 48 hours, this is especially relevant for long lists of changes where we need to provide detailed answers to your requests/questions.

What we don’t do:

• Design Services – Whilst we are here to assist with setting up and styling your website, the package does not include design services. You will be working with a technical expert that can assist with styling the website after all the content is added.

• Theme modifications – as it is a product, it comes with set features and functionality out of the box, and the setup of the website will be done within the theme possibilities.

• 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, including slideshow images, gallery images, and inside page content.

• Design direction (in case you have a mock-up or design files for your website, please, provide them to the team)

• Integration and setting up of third-party plugins

Time Frame

• You are expected to submit the form with details within 1 month after the package purchase. If the form is not submitted within this timeframe, the service can be considered terminated. The initial website preview, based on your installation form, will be completed within 2 weeks after the form is submitted.

• 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.

• After the Setup launch limit – is 2 weeks to get back with any feedback.

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 selected package.

You’ll first complete our collection form with the required information and the content you want to be added to your new website. You will receive all guidelines on what content you are required to submit. After purchasing the setup you will be required to submit the form. If more time is needed, please, inform the services team. Failing to meet the conditions for the timeframe will result in terminating the Service Package.

Us:

We have the experience and ability to do everything we’ve listed in the package offerings 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 share with 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 website once the initial preview was sent. Also, we are not responsible for creating every page on your website.

3.2. Graphics and Photographs

You should supply graphic files in an editable, vector digital format. You should supply photos and images in a high-resolution digital format (minimum 1800×1200).

3.3. Technical support

We’re not a website hosting company so we don’t offer support for a website hosting provider, email, or other services relating to hosting. You may already have a hosting provider, though if you don’t, we can set up an account for you with one of our recommended hosting providers listed here. All the management of the server will be up to you.

The team will offer support and guidance only for Flothemes products and the new website built.

3.4. 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).

3.5. Changes and revisions

As mentioned, we will aim to assist with all styling and changes to the site, within the product’s capability. However, some of the changes or modifications are simply not possible.

3.6. 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 number 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.

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 to implement/design 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 specifications, 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.

3.8. 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.

3.9. 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.

3.10. Refund Policy

We are unable to refund users on installation packages after 30 calendar days from the moment of purchase, as well as after the installation form has been submitted.

Please take time to consider the need for an installation package before you decide to purchase an installation package, remember they can be purchased after the initial theme purchase.

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 the exclusive jurisdiction of British Columbia courts.

5. The dotted line

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