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Terms and Conditions
Last updated November 20, 2018
The terms and conditions states the responsibilities of both parties involved and what the outcome will be if the terms and conditions are not met.
Please read through the following
- Service Agreement: The client will provide the following assets and information about his/her business required to start the project. Information will be sent to Hungry Ram by a deadline given by Hungry Ram and in the following format requested so.
- Deadline: Hungry Ram has the ability to set the deadline for all information (e.g. images, artwork, content) regarding the client’s business. It is the client responsibility to provide the information by the deadline or additional fees may occur. The client will be able to set the deadline for the completion of the project. Deadlines can be set for assets needed to be received by the client, if assets has not been received by the set deadline, a default asset will be used by random.
- Theme License: Some websites may use a theme and is designed based off of that theme. The theme is licensed under the GPL License. Websites are designed based off the skill level of the designer and developer. To cut down on cost, a page builder may be used. At the time, Divi is currently being used as a page builder. This allows a functional website to be in production quickly unless a deadline is extended or there is a delay on the client.
- Revisions: To properly meet the deadline of the project, revisions are set in place to deliver the project in a timely manner. Hungry Ram will set the number of revisions (determined by the estimate size of the site) during the design and will have the ability to add extra revisions. Clients will have opportunities to review the work and provide feedback.
- Graphics and Images: Graphics and images used in the project can be obtained from the client and is held responsible for ownership. By providing these images, the client agrees that it is their own images, and not pirated images, unless the client purchases the image(s) legally. Hungry Ram has the ability to modify the image(s) if the client requests to do so.
Stock Photos: Stock photos can come from various sources such as unsplash.com, pexels.com, and shutterstock.com. The designer and/or developer will choose a stock photo that will fit best within the website if a client does not choose.
- Third Party and/or Client Modifications: Hungry Ram will not be responsible for any damages done to the site if the client and/or third party attempts to modify any visual and/or back end of the website. Additional fees may be applied if the client requests a damage fix from Hungry Ram.
- Hosting: Hosting packages are provided. If the client chooses to find a different host, Hungry Ram will only provide the database and core files with no installation or support services. Hungry Ram will not be responsible for any broken files. The hosting server does not guarantee that websites will not be down. Hosting servers have a scheduled and unscheduled downtime. A scheduled downtime will occur on a given day/time and we will notify you of any server issues. An unscheduled downtime will occur random and web pages may be down. It is not Hungry Ram’s responsibility that the websites will be down. SSL is included in the reseller hosting package and will be applied to clients websites if a hosting plan is purchased.
Reseller Hosting: Hungry Ram is a reseller for A2 Hosting. Hungry Ram has the option to decline or accept a website to be hosted on the server. If the client hosted on the reseller hosting plan exceeds the package quota, additional fees may occur.
- Maintenance and Support: Websites will need regularly maintenance and check up. Keeping the website’s software updated with the latest version of patches and security will keep the code of the site free of malicious activities. Maintenance and support is not a free service and is only obtained by purchasing a package from the reseller hosting package. If the client’s website is down and is not on a hosting package and/or server under Hungry Ram, Hungry Ram will not be held responsible for any work on the site and the client will be informed to contact customer support by the their hosting provider.
Website Updates: If the client’s website is not hosted on the reseller hosting plan, Hungry Ram can charge the client for the work needed to be completed.
- Liability: This terms and condition does not guarantee that the project will deliver a perfect project as the design and development is built around the experience of the designer and/or developer. Hungry Ram will not be liable to you and/or any third party damages, including loss of profits, data, business revenue, business information, and failure to sell its services and/or products even if Hungry Ram is advised by the client. It is the client’s responsibility to register the domain name of their website and take responsibility for trademarks.
Search Engine Optimization: Search engine varies on the type of industry is performing. Hungry Ram does not guarantee improvements to your website’s search engine ranking but we do what we can to help you get rankings.
- Ecommerce Sites: Hungry Ram is a partner of Shopify. All ecommerce sites will be designed based off the template offered by Shopify themes (free or paid). Hungry Ram will also develop custom themes depending on the package purchased by the client. Hungry Ram is not responsible for adding all products to Shopify. It is the responsibility of the clients to ensure the tax and legality of their website meets the requirements and standards. Hungry Ram will only design the site and add “fake” products in to provide clients the visual presentation of a website design. Hungry Ram may also install additional plugin for the store for extra functionality. The client has the option to purchase support from Hungry Ram on top of the clients Shopify payment plan.
Shopify Partner: Hungry Ram has access to affiliate links that can be sent to the client and Hungry Ram will get a commission based off of purchases made by the client. It is the client’s responsibility to pay Shopify directly to get the full functionalities of their site depending on the Shopify pricing plans. If a development store is built for a client under Hungry Ram, Hungry Ram will earn a revenue share based off of the Shopify Partner Revenue Share page.
- Intellectual Property Rights: The client guarantees that all elements of texts, artwork, videos, and/or images provided are owned by the client themselves, or have purchased and/or received permission to use. By providing this information toward the project, the client agrees to protect Hungry Ram from claims made by third parties to take into account that we are using their intellectual property. Any additional information provided by Hungry Ram guarantees that all elements of texts, artwork, videos, and/or images provided are owned by Hungry Ram unless stated otherwise.
- Displaying Work: A footer text can be displayed on a client’s website specifying Hungry Ram’s involvement in the designing of the website. Hungry Ram reserves the right to display all aspects of our creative work.
- Updates: Hungry Ram relies on third party services to provide clients a cheaper and faster alternative to hiring custom website developers. Updates to software can occur from time to time and ultimately cause functionality issues and website errors. Hungry Ram will not be responsible for broken websites due to software updates but can provide support to get it resolved if the client is on Hungry Ram’s hosting plan. Hungry Ram is not responsible for any website updates, changes, and broken sites if not hosted on Hungry Ram’s reseller hosting.
- Support: Hungry Ram offers support if the client is purchasing a website with a hosting plan offered by Hungry Ram. Support is based off of the technical knowledge that the techs have. Hungry Ram does the best it can to resolve issues the client may have on their website.
- Refunds: Hungry Ram wants you to be satisfied with your purchase. A full refund will be issued back to the client if no project has been started. We offer 100% satisfaction. A full refund can be requested anytime during the course of the project unless the client approves the website. Note that the website will be deleted once refund has gone through. Refunds will be issued through Square if paid through Square. Refunds should be considered if it has a valid reason. The client will not receive any completed projects if the refund was requested before the start of the project, and any time during the project. Refunds will not be issued if any project is approved by the client upon completion.
- Cancellations: The client can request to cancel services at any time. Any pending invoices will be paid to Hungry Ram via Square, check, or Paypal. Regular website design packages can be cancelled at any time.
In a 6 months time frame from when the Plug and Play website is purchased through Hungry Ram, the website cannot be transferred over to any other hosting until the 6 month period ends (from the first invoice date).
If the project is something Hungry Ram cannot take on, Hungry Ram will inform the client. Hungry Ram has the right to cancel any agreements made.
- Payment: Payments must be received in a timely manner according to Hungry Ram. Payments must be received to begin the project. At the time of this terms and condition, Square is being used as a payment system for Hungry Ram. Payments will be sent out to clients via email or phone call. Customer information such as full name, email, phone number, address, credit card information, payments, and business information will be saved within the Square customer portal to track recurring, outstanding, draft, unpaid unsuccessful, scheduled and sent invoices. The client has the ability to opt out of having credit card being saved if the option presented itself upon entering credit card information. All payments are quoted in United States(US) dollars.
Suspended Websites: Websites can be suspended or paused if payment has not been made for any reason. Client will receive warnings through email or phone due to nonpayment a week or more before invoice due date.
I have read and understand the agreement is a binding payment of labor/work. I understand that failure to make payments according to this agreement can result in legal action and Hungry Ram will have the ability to cancel the contract if agreements are not met. This contract cannot be modified and/or deface by the client.