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Terms and Use Conditions

Rooah! Web and Digital Solutions > Terms and Use Conditions

Our Digital Web Service
Terms and Use Conditions

 

By placing an order with Rooah! LLC, you confirm that you are in agreement with and bound by the terms and conditions below.

  1. Definitions:

    1. The Client: The company or individual requesting the services of Rooah, LLC.
    2. Rooah! LLC: Primary designer/site owner & employees or affiliates.
    3. Development Brief: Scope of work as requested by client and agreed to by Rooah, LLC

  2. General

    1. Rooah! LLC will carry out work only where an agreement is provided either by email, telephone, mail or fax. Rooah! LLC will carry out work only for clients who are 18 years of age or above. An ‘Order’ or ‘Project’ is deemed to be a written or verbal contract between Rooah! LLC and the client, this includes telephone and email agreements.

  3. Website Development

    1. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Rooah! LLC shall not accept responsibility for any losses incurred due to malfunction, the website or any part of it.
    2. The website, graphics and any programming code remain the property of Rooah! LLC until all outstanding accounts are paid in full. Any text, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Rooah! LLC remain the copyright of Rooah! LLC and may only be commercially reproduced or resold with the permission of Rooah! LLC
    3. Rooah! LLC shall not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    4. Any additions to the development brief, after an initial agreement and associated invoice for costs and fees has been produced, will be carried out at the discretion of Rooah! LLC. Such additions or alterations may necessitate newly calculated total costs and associated fees based on the work order. Rooah! LLC will not make bill any new charges to the client for such additions or alterations to the development brief without the formal consent and the acceptance of the client.
    5. The client agrees to make available, as soon as is reasonably possible, to Rooah! LLC all materials required to complete the website or application to the agreed standard and within the set deadline.
    6. Rooah! LLC will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
      Rooah! LLC will not be liable or become involved in any disputes between the website or application owner and their clients and cannot be held responsible for any wrongdoing on the part of an owner.
    7. Rooah! LLC will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
    8. In the event of unavailability of the site, its servers, software or any material provided by its agents, Rooah! LLC will do endeavor within its capacity to restore full service as quickly as possible. However, Rooah! LLC will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website, its servers, software or any material provided by its agents.
    9. A minimum deposit of 50% is required with any project before any development work will be carried out.
    10. Once a website has been developed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
    11. Database, Application and E-Commerce Development Rooah! LLC cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
    12. The client is expected to test fully any application or programming relating to a site developed by Rooah! LLC before being made generally available for use.
    13. Where “bugs”, errors or other issues arise after project delivery and client acceptance, Rooah! LLC will endeavor (but is not obliged to) to help the client correct such issues. Full customer support however will always be available to all of our existing clients. Such support may come with associated costs and fees based upon the initial services and packages selected and paid for by the client.

  4. Compatibility

    1. Rooah! LLC will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with all major web browsing software including Microsoft Internet Explorer Version 6, Google Chrome and to an acceptable level with Mozilla browsers. Rooah! LLC can offer no guarantees of correct function with all browser software and media devices.

  5. Website and Application Hosting

    1. Whilst Rooah! LLC recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Rooah! LLC. Rooah! LLC cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
    2. Rooah! LLC reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

  6. Payment of Accounts

    1. A deposit is required from any new client before any work is carried out. It is the Rooah! LLC policy that any outstanding accounts for work carried out by Rooah! LLC or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Rooah! LLC. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via digital and voice communications to include email and telephone to remind them of such payments if they are not received when due.
    2. If accounts are not settled or Rooah! LLC have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
    3. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
      • This is to include payment in full for all related services provided as a plan perk, 3rd party services rendered to complete the project that may have been waived as part of a project plan, payment plan or new customer plan bonus.
    4. For SimplePlan service plans and packages, all down payments are used/required for initial project mobilization and are strictly non-refundable.

  7. Complaints Procedure

    1. Informal procedure

      1. Anyone who experiences a problem with their website, application, hosting or any other service provided by Rooah! LLC should raise the matter directly using our online ticketing system to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Rooah! LLC will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

    2. Formal complaints procedure

      1. The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
      2. A formal complaint should be made in writing to Rooah! LLC , who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
      3. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

  8. Disclaimer of Warranties

    1. Rooah! LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. Rooah! LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. Rooah! LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. Rooah! LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  9. Limitation of Liability

    1. IN NO EVENT WILL Rooah! LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF Rooah! LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
    2. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Rooah! LLC’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

  10. Indemnification

    1. Rooah! LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. Rooah! LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. Rooah! LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. Rooah! LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  11. Additional Terms of Service

    1. If you purchase any paid Service from Rooah! LLC, such purchases will be subject to the additional terms and conditions associated with such purchases. Please review the policies that govern your use of such Services.

  12. User Conduct

    1. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

  13. Unsolicited Idea Submission Policy

    1. Rooah! LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Rooah! LLC’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Rooah! LLC or anyone at Rooah! LLC. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Rooah! LLC, without any compensation to you; (2) Rooah! LLC will have no obligation to return your idea to you or respond to you in any way; (3) Rooah! LLC will have no obligation to keep your idea confidential; and (4) Rooah! LLC may use your idea for any purpose whatsoever, including giving your idea to others.
    2. However, Rooah! LLC does welcome feedback regarding many areas of Rooah! LLC’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.

  14. User Supplied Information

    1. Rooah! LLC does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Rooah! LLC the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

  15. Password Security

    1. If you register to become a Rooah! LLC.com client, you are responsible for maintaining the confidentiality of your client identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your client identification and password.

  16. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Rooah! LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Rooah! LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Rooah! LLC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Rooah! LLC’s Privacy Policy, your use of the Site, any other Rooah! LLC web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. It is Rooah! LLC’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov). To report an infringement, you must submit a written notice containing the following:

• Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. url or publication information of original copyrighted work).
• Identification of content subject to claim of copyright infringement, including the specific url of content submitted, posted, or displayed through the Services.
• Contact information sufficient to allow Rooah! LLC to contact you regarding your claim; including your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that aforementioned use of copyrighted content is unauthorized.
• A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner’s behalf.
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.