Terms & Conditions

Please read below important information about working with GroovyTutor.

General

By making payment to GroovyTutor you are confirming that you have read, and are in agreement with, the terms and conditions outlined below.

Definitions

GroovyTutor, I: Lawrence Nievaart, current sole proprietor of GroovyTutor.com.

Client, You, Your: The person or entity requesting the services of GroovyTutor .

Website: This term is used for your website built by us within a Content Management System of our choice (currently WordPress).

Project: Refers to anything that is created by GroovyTutor. Including, but not limited to, graphic design, website design and programming.

Communication, Requests, Approvals and Sign-Off

GroovyTutor accepts emails as a legally binding form of communication. All project requests, approvals and final sign-off should be made via email even if verbal confirmation was given.

Prices

  1. All prices for projects that are displayed on our Website are final unless extra work is requested from Client.
  2. If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or GroovyTutor fee alterations.
  3. Should the client make any variations or additions to the design brief after payment has been made, then a new quote must be obtained and paid accordingly.

Payment Terms

  1. No finished artwork will be supplied, nor will a website go live, until payment is made.
  2. The client agrees to make payments according to the PayPal payment plan for which the Client subscribed.
  3. An urgency fee ($50) will be charged to any client requesting work within a time frame that GroovyTutor regards as short notice.
  4. GroovyTutor also reserves the right to suspend services or remove a website from being live should payments be overdue. In such an event, the client is still liable for the costs to date.
  5. Should the client wish to cancel a project or service at any stage then the client is liable for the cost of any work completed to date. Cancellations should be made via email even if verbal confirmation was given.
  6. Following consistent non payment of an invoice GroovyTutor will seek legal action.

Supply of Content

  1. If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.
  2. All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. GroovyTutor is not responsible for proofreading any content.
  3. All supporting visual material such as logos and images should be emailed to GroovyTutor if possible excluding a logo which we have designed for you.

Content Liability

  1. The client is solely responsible for the integrity of the written and/or visual content of any project that GroovyTutor is requested to create. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of aforementioned material by the client shall be regarded as a guarantee by the client to GroovyTutor that all such permissions and authorities have been obtained.
  2. The client shall indemnify GroovyTutor in respect of any claims, costs and expenses that may arise from any material included in their project by GroovyTutor at the client’s request.
  3. Any project content you supply to GroovyTutor to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify GroovyTutor against any action taken against GroovyTutor by any such third party.
  4. GroovyTutor reserves the right not to include any material supplied by the client if GroovyTutor deems it inappropriate or offensive.

Project timelines/deadlines

  1. GroovyTutor endeavours to respect all project timelines discussed with the client. However, all timelines provided by GroovyTutor are estimated on a pre-determined length of time that GroovyTutor considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.
  2. All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed are void.
  3. If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.
  4. Clients should be aware that providing content one day late does not simply add one day to the timeline. GroovyTutor will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.
  5. GroovyTutor will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Typical project process

INITIAL PHASE

  • Payment is made for any of the plans
  • A form Brief is sent to Client to fill out
  • Clarifications via email are sent until a clear vision is formed
  • All content provided

DESIGN PHASE

  • Concept development begins
  • Concept presentation with 2 rounds of revisions
  • Concept signoff

BUILD PHASE

  • Website development & build
  • Development link submitted to client for review
  • Website feedback & changes
  • Final review and signoff

LIVE PHASE

  • Website goes live
  • Live testing and checking

Website specific information

Domain name registration

  1. All domain names that GroovyTutor register and manage on behalf of the client will always remain the clients property. Clients should contact GroovyTutor directly if they choose to manage the domain name themselves at a different location.
  2. GroovyTutor will charge an hourly rate for any management of a domain name outside of the GroovyTutor domain name management account.

Hosting (with GroovyTutor)

  1. GroovyTutor prefers clients to host their website on the GroovyTutor server for quality and technical reasons but also for easy management, installation, trouble shooting and technical support.
  2. Hosting with GroovyTutor provides the client with (at no extra cost): Server management, domain name management, website management and technical support including the setup of emails, databases, and other server side operations that GroovyTutor deems part of the services offered. We are not responsible for 3rd party technology or making it compatible with our technology. Nor are we responsible for website hacking.
  3. GroovyTutor does not cover technical support for your personal home/office computer or software.
  4. GroovyTutor takes no responsibility for loss of business due to server down time, errors or hacking.

Hosting (3rd party server)

If you choose to host your website on a 3rd party server then GroovyTutor would like you to consider the following:

  1. GroovyTutor does not offer technical support for 3rd party servers.
  2. GroovyTutor will charge an hourly rate for any work involving the 3rd party server.

Website/server errors and liabilities

  1. GroovyTutor will endeavour to ensure that your website and any scripts or programs are free of errors but cannot accept responsibility for any losses incurred due to malfunction.

Website/Server Hacking

  1. GroovyTutor cannot be held responsible for any hacking, malicious code or illegal activities of a third party that affect the Client’s website.

Search Engine Optimisation (SEO)

  1. GroovyTutor offers no ranking guarantee for your website on Search Engines.
  2. Your website will be generated with the basic level of SEO using meta-tags for descriptions and keywords.
  3. Comprehensive SEO campaigns are currently not available.

Content Management System (CMS).

  1. If a client wishes to take their website to a 3rd party server they will need to pay a fee (day rate) to GroovyTutor for the rights to use the intellectual property on another server. Or GroovyTutor can strip certain components from the CMS and the 3rd party company can re-style or re-program the missing elements.

Permissions, Copyright and Intellectual Property

  1. All project creation files, including programming code, created by GroovyTutor remains the intellectual/creative property of GroovyTutor.
  2. GroovyTutor also retains copyright of all original project design/graphics/photography/video and programming code (unless specifically agreed) and may only be commercially reproduced or resold with the permission of GroovyTutor. The client is permitted to use this material only as expressly authorised by GroovyTutor.
  3. GroovyTutor cannot take responsibility for any copyright infringements caused by materials submitted by the client.
  4. GroovyTutor reserve the right to re-use technical components developed during a project and will retain intellectual property rights on each development.
  5. GroovyTutor shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your project unless specifically agreed otherwise.
  6. GroovyTutor observes Privacy Laws and Guidelines relating to personal data.

Errors, Technical Support and Maintenance

  1. GroovyTutor offers free technical support for websites hosted with GroovyTutor (does not include hacking or malicious code related issues). Clients who host their website on a 3rd party server are required to contact the 3rd party company themselves for any technical issues. GroovyTutor will charge an emergency rate for support on 3rd party servers.
  2. GroovyTutor does not offer technical support for the general use of your computer and any installed software there on.
  3. From time to time, one of the many software/technical applications that a website uses to function may be upgraded by the 3rd party company, creating errors. GroovyTutor will always endeavour to make sure that any website created by GroovyTutor, and hosted on our server, remains in a functioning order based on GroovyTutor specifications.
  4. GroovyTutor takes no responsibility for loss of business due to server down time, errors or hacking.
  5. GroovyTutor is not responsible for your internet service, home or office IT, home or office networking, computers, 3rd party software/technology, faxes, printers, routers, home or office mail-servers, phones, PDA’s, mp3 players, radio and TV transmissions, or any other technical/electronic devises. Clients are encouraged to contact the technical support department for the product purchased or the support department of the company used to install said devises at your location.

Liabilities

  1. GroovyTutor will not be liable or become involved in any disputes between the project owner and their clients or any other 3rd parties and cannot be held responsible for any wrongdoing on the part of a project client.

Dispute Resolution

The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:

  1. Clearly communicate in writing the background facts leading to or causing the dispute.
  2. Set out clearly what action is required to settle the dispute.
  3. Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution.
  4. Discuss specific means of avoiding such disputes in the future.

Your (the Clients) Obligations

You:

  1. Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
  2. Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
  3. Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
  4. Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
  5. Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
  6. Agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to GroovyTutor.

Changes to the Terms and Conditions

GroovyTutor reserves the right to update these terms and conditions at any time without notice.

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