Terms & Conditions
By subscribing to any of our packages, You are hiring us [Protonike]) to:
[Design and develop a web site
Facilitate the purchase of Domain name registration and website hosting service on your behalf.
For the estimated total price of [total] as outlined in the subscribed plan.
We act as the full owner of Website development activities whereas we act on behalf of you as a facilitator in the purchase of Domain name and website hosting service.
We don't provide web hosting or domain registration through our establishment, we have partnered with leading web hosting and Domain registrars to facilitate these purchases. All of our service providers have industry leading security standards and a high level of server upkeep time [99.9% availability].
During Web Development
During the domain name registration, website hosting purchase, website development through the handover, we take full responsibility for the website on your behalf.
During this phase we assure you the following:
No illegal content publishing.
The integrity of the Domain registration.
The integrity of the web hosting service.
No unauthorized configuration changes in content or integration ( social media, payment gateway).
Post handover, the sole ownership, and upkeep of the website reside with you, we don't take any responsibility for data lose, interruption in service due to technical modification or other activities performed on the website.
You as an owner is responsible for:
Performing only legal activities through the website.
Upkeep of the Domain registration service and annual renewal.
Upkeep of web hosting services and annual renewal.
Maintaining the integrity of configurations and integrations ( social media and payment gateway).
Digital marketing and continual SEO changes.
We are always available to service you in the upkeep of the website beyond handover, please subscribe to our Care Plan to avail year-round maintenance service & support.
Your new domain name will be registered with one of our many reliable Domain service providers, 1-year domain registration is included along with all subscription plans. Renewal post 1 year of usage has to be done at your expense. We are not responsible for any manual cancellations, modifications done by you in the DNS server settings, or subscription pages. Please be cautious in performing any such technical work on the DNS side.
We register for 1-year hosting service on your behalf. After 1 year of usage, Renewal post 1 year of usage has to be done at your expense at rates mentioned as per the plan. After the website handover, we are not responsible for any issues regarding subscription cancellation, annual renewals, technical issues caused by technical configuration changes performed by you on the website host settings page. We advise you to not perform any technical modifications without a thorough understanding of the features you are trying to alter.
We use industry-leading web hosting providers with an uptime of 99.9% for all our hosting services, so you can be assured of uninterrupted service. Any interruptions, in any case, has to be addressed between you and the hosting provider after the website handover.
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture, and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, Skype, or Slack.
Once the Templates are confirmed, there will not be any possibility of moving into an entirely new design template mid-work.
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 provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox, and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
We’re not a website hosting company so we don’t offer support for website hosting, email, or other services relating to hosting. However, we will be providing you basic support in keeping your website running as per the subscription plans you have purchased from us.
Search engine optimization (SEO)
SEO service is provided only on the basis of subscription plans or additional Care plan subscription. We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. Continuous SEO strategies have to be implemented by yourself. We provide support packages for SEO and Digital marketing at minimal pricing for our existing customers.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks. Web redesigning is available if you subscribe to Care Plan.
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 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 is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
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.
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.
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 on our portfolio and in articles on websites, in magazine articles and in books.