Terms and Conditions
Websites from Splotch Studio are not be used to disseminate, communicate, store or transmit information that contains viruses, worms or malicious elements, or any of the following:
- copyright infringing data
- trade secret protected data
- content that Splotch Studio considers to be inappropriate
- content that is sexually explicit in nature
- data that infringes on any intellectual property, publicity rights or privacy rights;
- content that is defamatory, harassing or threatening
- content that relates to illegal business operations or schemes
- contains deliberately misleading, incomplete or deceptive content
Backups and Client Responsibility
The client assumes responsibility for all backups of any content on a Splotch Studio web hosting account including any websites, emails and databases.
The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that has been created for them by Splotch Studio. Use of Splotch Studio service requires a certain level of knowledge. The client agrees that they have the necessary knowledge to create and maintain their own email account with the instructions provided to them upon account activation. Client agrees that it is not the responsibility of Splotch Studio to provide this knowledge or support outside matter specific to Splotch Studio servers.
Backups can be performed through the client’s cPanel (control panel) at any time by selecting the “Backups” option and downloading a “home directory backup” to a local computer. Splotch Studio is not liable for any lost data, time, income or any other resource due to server downtime or failure, faulty backups or non-existent backups.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Splotch Studio; (b) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (c) copyright infringement and (d) any defective products sold to customers from a Splotch Studio server; (e) Any service response times, ‘up-time’ or ‘down-time’ figures stated by Splotch Studio are approximate only and Splotch Studio shall not be liable for any direct or indirect loss or damage to a business or their website arising from its failure to meet such response times, howsoever occasioned. By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
Refusal of Service
Splotch Studio reserves the right to cancel, suspend or refuse service at our sole discretion.
Modification of Terms
Splotch Studio reserves the right to add, delete, and modify any provision of this agreement at any time without notice.
Payment and Refund Policy for website projects
A 50% payment must be paid upfront, prior to the start of a website project. You will be eligible for a complete refund of your project value if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund. Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Splotch Studio (charged at our current hourly rate) and/or expenses incurred by Splotch Studio relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable). Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Splotch Studio, the commencement of research and planning for your project, the development of a design concept, the sourcing of images for your project, time spent planning for your website, the allocation of future staffing resources in response to your project sign-off and any time spent installing databases, content management systems, hosting configurations and building or coding or customising your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website. No refund under any condition shall be processed if a customer fails to comply with Splotch Studio’s “Terms and Conditions”. Requests for refunds must be made in writing and will be granted at the discretion of Splotch Studio. To apply for the cancellation and/or refund, please send your email to firstname.lastname@example.org.
Payment and Refund Policy for Design projects
Refund Policy for design work, including but not limited to logo designs, brochures, flyers and business cards. Payments are to be made upfront, in full, unless prior written agreement has been made by Splotch Studio. If for some reason, you are not satisfied with our services, please apply for the cancellation within the first 14 days of your payment date. If you fail to apply for the refund and cancellation during this period, it shall void the 14 day money back guarantee.
Payment and Refund Policy for the 8-HR Marketing Manager Product
There is a 3-month minimum contract period for all Marketing Manager Services. Payments are to be pre-paid, monthly. Services for this product are often pre-scheduled and therefore no refund can be issued if the work has already been done. If for some reason, you are not satisfied with our services, please apply for the cancellation within the first 14 days of your payment date. If you fail to apply for the refund and cancellation during this period, it shall void the 14 day money back guarantee.
Payment and Refund Policy for Domain Name Registrations and Renewals
Payments are to be made upfront and in full. Setup charges and Domain Name Registrations fees are not refundable.
Payment and Refund Policy for SSL Certificates
Payments are to be made upfront and in full. Once Splotch Studio has processed an SSL certificate and made payment to a third party, no refund is available.