Terms of Service
Each website we build is unique and will give your business a web presence that you can be proud of. If you think it we can build it.
This agreement represents the complete agreement and understanding between Robin’s Nest Design, and RND Shops (hereinafter called Robin’s Nest) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. Robin’s Nest reserves the right, in its sole discretion, with or without notice, to modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinues or changes the services offered at any time without prior or any notification. Account Holder must comply with Robin’s Nest current “Terms and Conditions,” as updated from time to time by Robin’s Nest, which can be viewed at the Robin’s Nest Design Website.
Submission of your account order or payment to Robin’s Nest shall constitute your acceptance of these Terms and Conditions.
Payment & Refunds
PayPal is our preferred method of payment. If you pay by e-check through PayPal, work will not begin until the check has cleared. We will also accept money orders and again, work will not begin until the money has been received.
After 24 hours, all sales are final. Because of the nature of our products and services, the amount of time and effort involved in our line of work and copyright concerns, we do not issue refunds.
Should you attempt a chargeback, your website could be taken down or artwork compensated. Because of the method we deliver artwork, and because the client may have access to those files after a chargeback, any use of the artwork by the client after a chargeback will result in legal action. If for some reason a chargeback is initiated on your end, your artwork will be disassembled and resold.
Our link must stay on the finished design and at no time can you alter our graphics.
This Custom Design website package includes the following:
Graphics
Layout/Template
Customization to match your web site name
Upload of your Layout/Template and Graphics
Links to your pages will be added
Categories and Sub Categories added
The Process
We send you to our design questionnaire to help start the process, as well as send you to Color Schemer to pick out a color scheme so we are looking at the same colors, and we ask you to look at sites you like the design of to share your vision with us, but always remember know to sites we design are the same and we will never copy someone else’s work.
We strive to keep our prices affordable. This mean that we are often working with multiple clients at one time – with our low prices, it just isn’t feasible to work with only one or two clients at a time – we’d go broke! So, in order to keep our process reasonable, we work with several customers at a time – please keep this in mind.
We will make every effort to have all work completed in 120 days provided the client is able to provide timely feedback and information required for completion of the site. We usually have a design for you to look at within two weeks of contract. In the event we do not hear from the client for more than 10 days (unless you have notified us that you will be out of town, etc.) that client will be dropped to the bottom of the list and may have to wait until other projects are finished.
If you are using outside hosting we will build your site on a temporary site until all designs are approved. If Robin’s Nest Design has uploaded our software to your site for you to be able to work on adding products and content while we do the design and you ask us to stop design work we will remove all our files and convert you to a temporary site on our server until design approval, and payment are received.
Revisions
Revisions are a necessary part of the process. We are happy to work with you until you are satisfied with your site, however, the revisions can not go indefinitely. Therefore, we currently have a 3 revision limit with the opportunity to purchase additional revisions at a cost of $20 per revision.
Your Part
The client agrees to authorize and grant Robin’s Nest Design access to your website admin or shopping cart using your protected username and password so we can install the design and customize the store.
Graphics & Changes
No alterations or revisions of any kind are allowed on any of our products without our direct consent. If you would like to alter any of our designs, you must email us with the specifications and approvals will be made on a case-by-case basis. Additionally, graphics are not to be resold or reused for any reason without prior written permission. While you may use the graphics in the manner stated in your purchase, the copyright remains with the artist(s) who created the graphics. What does that mean? That means if you bought a set that includes a business card design, you can print business cards. If you didn’t, no printing of the graphics, chopping them up, copying them, etc without written permission.
Copyrights:
We retain all copyrights on all products and services, and all rights related to the original copyright. By purchasing our products, you are purchasing the right to use them only, subject to the following conditions.
You are purchasing the rights to use the graphics and/or html for the purpose it was sold for only.
All site templates and designs must include the original copyright that was used at time of purchase.
Website Design © Robin’s Nest Design or Template Design © Robin’s Nest Design or Graphics Robin’s Nest Design, with the link to our website, preferably in the footer. Alteration of the copyright-related files, or obscuring the text via HTML or CSS or other manipulation, is a violation of this requirement You will only be given one chance to comply with our Terms.
As we have licensed rights with several artists removing or altering the original copyright is not permitted. If we find you have done so we will require you to remove all graphics from your site.
We do not have time to continue checking to be sure your following our terms, so if we find it necessary we have the right to require removal of our graphics all together, without notice. Purchasing a website from us does not give you the right to use our graphics as you see fit.
Warranty: Robin’s Nest agrees to ensure the web site retains all its functionality and conforms to the specifications during the Warranty period of 1 year . Robin’s Nest also agrees to provide at no cost to the Client reasonable technical support during the Warranty Period for the Client itself to maintain the site on the Internet, Intranet, or Extranet. Such maintenance and update may include correcting any remaining errors or any failure of the site to conform to the specifications, but support and assistance shall not be provided for the development of enhancements or modifications to the originally contracted project. Such assistance shall not exceed 10 hours per calendar month.
Support
After the expiration of the Warranty Period, Robin’s Nest agrees to provide the Client with reasonable technical support and assistance for the Client to maintain and update the site on the Internet, Intranet, or Extranet for an annual fee for a period of 1 year after the last day of the Warranty Period. If client chooses not to purchase the extended yearly maintenance agreement then each request will be billed at an hourly rate of $50 an hour with a 30 minute minimum. Such support and assistance shall not be provided for the development of enhancements or modifications to the originally contracted project. Modifications and enhancements can be purchased seperately by contacting Robin’s Nest. Site maintenance and updates performed by Robin’s Nest shall be governed by separate Website Design and Maintenance Agreements between Robin’s Nest and the Client.
The terms below are only for those using the SKP, RND Shop Kit, and Shop Kit
Catalog Terms:
Users of Shop Kit, SKP and RND Shop Kit must host their sites with Robin’s Nest Design, RND Shops, or Watersweb Shops. Users who move their site to another host must destroy all copies of the Shop Kit, SKP and RND Kit in their possession. If previous hosting arrangements have been made and approved by Robin’s Nest we must retain full access to the SKP and RND Shop files at all times.
Use of the Shop Kit, SKP, and RND Shop Kit license key will be discontinued within 24 hours after cancellation of hosting services. In addition, web users must have a Mals-E account for the use of this catalog, as no stand alone cart system is provided with Shop Kit. The inventory control system of Shop Kit requires the Mals-E Remote Call feature. Therefore, inventory control and sales storage through Shop Kit will not be automated on any web site that uses third party payment systems that do not utilize this feature, which include but are not limited to LinkPoint, Mirapay, Netbanx, Nochex, PayByCheck and PSIGate. A list of these systems can be found at http://www.mals-e.com/services/compare.htm. If PayPal is used as a non-secure payment type at Mals, it can be used with the Shop Kit inventory system; otherwise, Shop Kit cannot automate inventory control through that payment system. It is the user’s responsibility to ensure that all of these requirements are met before purchasing the Shop Kit or RND Shop Kit.
If you change your passwords or limit our access to the SKP, SK or RND SHOPS Files then Use of the Shop Kit or RND Shops license key will be discontinued within 24 hours no monies will be refunded. We must receive all new passwords and access within 24 hours.
Refunds:
Refunds for the cost of the license will only be given within the first 30 days after license purchase. For a refund to be given, users must also agree to destroy all existing copies of the catalog files in their possession. Refunds apply only to the catalog license and to the costs of customization services which have not yet been provided. Refunds will not be given for any services which have already been rendered. Refunds will only be given within 30 days of the date on which the catalog was ordered.
Dicontinueation:
Robin’s Nest reserves the right to discontinue distributing the Shop Kit catalog system, SKP, RND Kit catalog system and RND Shops Catalog, and may refuse or revoke the use of the system to any party for any reason at any time. Robin’s Nest is not responsible for contacting users of the system for this discontinuation. The system will not be provided to companies known to be selling illegal items or services, nor will it be provided to individuals known to be under 18 years of age. The catalog will also be revoked from any company using inappropriate methods of promotion, such as spamming email addresses. Clients may discontinue use of the Shop Kit software, SKP, RND Kit or RNDSHOPS and hosting at anytime, and must destroy all copies of the Shop Kit software at the time of discontinuation.
