Our Digital Web Service
Terms of Service Agreement
Please read these terms of service (“terms”) carefully before using our Digital Web Service.
These Terms of Service set forth the conditions upon which Rooah! LLC provides its service. Every time you use the service, you consent to be bound by and to comply with this Terms of Service Agreement. Some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Rooah! LLC reserves the right to revise the Terms of Service and by continuing to use the service you agree to be automatically bound by the revised Terms of Service.
A. DEFINITION OF TERMS
“THE CLIENT”, “YOU”, “YOUR”: The company or individual requesting the services of Rooah! LLC.
“ROOAH! LLC”, “US”, “WE”, “OUR”: Primary designer/site owner & employees or affiliates.
“DEVELOPMENT BRIEF”: Scope of work as requested by the client and agreed to by Rooah! LLC
“ORDER”, “PROJECT”: A written or verbal contract between Rooah! LLC and the client, whether by telephone, fax, or email.
B. CONDITION OF USE
Rooah! LLC only grants use and access to this website, its products, and its services
to those who have accepted its terms. By using our service you agree that:
- You are at or over the age of 18 years old.
- You are of sound mind and have the capacity to enter into a legally binding contract.
- You have read and reviewed this agreement and agree to comply with its terms.
- You shall 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 shall not add to, subtract from, or otherwise modify the Content, or attempt to access any Content that is not intended for you.
- You shall not use the website or digital product in any manner that might interfere with the rights of third parties.
- We shall only work where there is an existing order.
C. WEBSITE DEVELOPMENT:
- A minimum deposit of 50% of the project cost must be paid before any work will be carried out on an order.
- Once a website has been developed and completed the final balance becomes due and must be paid in accordance with our payment terms.
- Where a client decides to discontinue a project, we reserve the right to take cost for work already done from the initial deposit.
- Where the initial deposit does not cover the cost for work done, we shall prepare and send to the client invoice for work done and the client shall pay for such cost.
5. The website, graphics, and any programming code remains the property of Rooah! LLC until all outstanding accounts are paid in full.
6. Any text, scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by us shall remain the copyright of Rooah! LLC and May only be commercially reproduced or resold with the permission of Rooah! LLC
- It is the sole responsibility of the client to provide all material required for the fulfillment of his order to the agreed standard and within the set deadline. Materials may include but are not limited to images, content, logos, and other printed material you would like to incorporate into your website design
- In the event you delay in supplying these materials to us, which could eventually lead to a delay in the completion of work, we reserve the right to extend any previously agreed deadlines by a reasonable amount of time.
- Where you fail to provide the required material, and it leads to stoppage of work, we reserve the right to invoice you cost for work done.
COPYRIGHT OF MATERIALS
- It is your responsibility to obtain necessary permissions and authorities for the use of all graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or applications
- By providing us these materials, you guarantee that you have such right or have obtained such where you don’t have the original copyright to such material
- You agree to indemnify us against all copyright claim for material used on your project.
- We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Once a development brief is prepared and an order placed, any other change(s) introduced by you is considered a variation(s).
- We reserve the right to reject a variation.
- We reserve the right to add additional charge for variations and send the client invoice for such variation.
- The client is expected to test fully any application or programming relating to a site developed by Rooah! LLC before accepting the project.
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, we shall not be responsible for any losses incurred due to a malfunction of the website or any part of it.
- Where “bugs”, errors, or other issues arise after project delivery and client acceptance, we will endeavor (but 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.
- We shall 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. We offers no guarantees of correct functioning with all browser software and media devices.
- Whilst we recommend hosting companies to host websites, we make no guarantees as to the availability or interruption of this service. We shall not 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.
- We reserve 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
- We shall 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
- We shall 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.
- In the event of unavailability of the site, its servers, software, or any material provided by its agents, we shall endeavor within its capacity to restore full service as quickly as possible. However, Rooah! LLC shall 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.
- We shall not be responsible for any losses incurred by the use of any software created for the client including but not limited to Databases, Application and E-Commerce website. 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.
- We shall not be liable for costs incurred, compensation, or loss of earnings due to the failure to meet agreed deadlines.
SimplePlan are packages we named as so on our website specifically on the SimplePlan page on our website.
- Services offered under each package are listed for the package. Any additional feature you may require will be billed separately and must be paid upfront before such feature will be integrated into your project.
- All our SimplePlan packages come with complimentary services which are offered free as part of the package perk.
- All complimentary services offered under our SimplePlan packages are provided on the basis that you continue using our platform and that you paid for the package’s monthly payment to completion.
- Upon subscribing to our SimplePlan package, you must pay the down payment of your chosen package before we start working on your project.
- You shall be billed the monthly payment one month (thirty days) counting from the date of your subscription to any of our SimplePlan package.
- All services offered under our different SimplePlan package are offered on the basis that you shall pay the monthly payment until completion.
- Where you default in your payment of the monthly payment, we shall revoke your access to our service and suspend your account for an initial 30 days.
- We reserve the right to charge an interest rate of 2% on amount due and unpaid for the period of suspension.
- Where you continue in default after the 30 days, we shall terminate your account and delete all data.
- Where this agreement is terminated by a default in payment, breach of terms of service agreement, or canceled by you, all outstanding payments including the cost of complimentary service shall become due and payable. 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 client’s credit rating.
D. PAYMENT OF ACCOUNTS (INVOICE):
- A 50% deposit is required from any client before any work is carried out on an order.
- We shall raise and send to you invoice for any and all finished work.
- Any outstanding accounts (invoice) for work carried out by us or our affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with us.
- We will contact you via digital and voice communications, including email and telephone to remind you of unpaid invoice if they are not paid when due.
- Where accounts are not settled or we have not been contacted by you regarding the delay within 21 (twenty-one) days after an invoice was raised, access to the related website shall 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 client’s credit rating.
- Where accounts are not settled within 21 (twenty-one) days, you become liable to pay 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.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. ROOAH! will start the Client’s subscription billing in accordance with the payment terms below, and any recurring billing shall automatically renew for subsequent one (1) month periods.
A. Termination of this Agreement and subsequent billing requires a formal written or email notice delivered by Client to ROOAH! at least thirty (30) days prior to the desired date of termination. Repeated failures by Client to make payment by billing due dates gives ROOAH! the option to immediately terminate this Agreement.
B. Upon the termination or expiration of this Agreement for non-payment or non-performance by Client,
a. All licenses granted by ROOAH! to Client hereunder shall automatically terminate and Client shall immediately cease their use of the licensed content and any marketing collateral provided by ROOAH!, and
b. Client’s right to any and all services afforded to them by ROOAH! shall automatically terminate.
C. Upon the expiration or termination of this agreement for non-payment or non-performance by Client or breach of these terms and agreement, client shall pay to ROOAH! balance owed from development service or service plan, all payment obligations arising prior to the date of expiration or termination within sixty (60) days of the effective date of termination or expiration.
D. If your website subscription has not been paid in full at the time of its termination, ROOAH! will maintain an archived copy of all content — including copywriting, graphic design, and WordPress code — for three (3) years. All content associated with the canceled website subscription will be permanently deleted after that three (3) year period has ended.
F. COMPLAINTS PROCEDURE
- Where you experience a problem with the website, application, hosting, or any other service provided by us, you should raise the matter directly using our online ticketing system to do so, giving sufficient information to locate the material (such as URL or screenshot) and clearly outlining the grounds for complaint.
- We shall work on the said complaint or approach the third-party responsible for the service in question with a view to resolving the matter within 24 (twenty four) hours.
- Where you feel the nature of the complaint is too serious to be dealt with on our online ticketing system, or where a satisfactory conclusion has not been reached after following the online ticketing system, you may email us at (Support Email).
- An initial response to the complaint shall be made 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 minimum delay.
The website, service, content, and any product or service are provided on an “as is” and “as available” basis, we make no express or implied warranties, representations or endorsements whatsoever with respect to the website, service and or the content of the site. We 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, service, content, and any product or service furnished or to be furnished via the website. We do 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. We do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected.
H. Limitation of Liability
- In no event shall we be liable for any damages or claim whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages or claims arising out of:
- The use of or inability to use the website, service, and or content
- Any transaction conducted through or facilitated by the website
- Any claim attributable to errors, omissions, or other inaccuracies in the website, service and/or the content
- Unauthorized access to or alteration of your transmissions or data.
- Any other matter relating to the website, the service, or the content, even if we have been advised of the possibility of such damages.
- Because some jurisdiction 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 jurisdiction, our liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00 or the amount paid by the client for the said service whichever is smaller.
You agree to indemnify and hold harmless Rooah! LLC, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, tax obligations, and costs of any kind or amount whatsoever, which may result from:
- Your fraudulent use of our service.
- Your negligence in the use of our site.
- Any service you have offered to a third party using our service with or without our consent.
- Any copyright infringement as a result of materials you provided to us
J. FEEDBACK/ USER-SUPPLIED INFORMATION
- We welcome feedback regarding many areas of our existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site.
- Should You decide to send us any feedback or information (business or technical), you agree 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
- You give Rooah! LLC the royalty-free, irrevocable, perpetual, worldwide right to use, disclose, reproduce, license, distribute, exploit, display or otherwise 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 including intellectual property rights or licensing obligations.
Upon Registering on our website, you are responsible for maintaining the confidentiality of your client identification and password information, and for restricting access to your computer. You agreed to accept responsibility for all activities that occur under your client identification and password.
L. GENERAL PROVISIONS
- When you purchase any paid Service from us, such purchases may be subject to additional terms and conditions. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Please review the policies that govern your use of such Services.
- These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The Content of our website or service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- 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.
- It is our 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 us 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 the 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.
M. POINT YOUR DOMAIN OFF ROOAH SERVERS
If you would like to point your domain name off our servers, an invoice of the total balance due will be expedited. Payment must be received in full before we help you with pointing your domain.
Please see the following breakdown:
• SimplePlan Plus: $1599 minus total paid = balance owed
• SimplePlan Pro: $5200 minus total paid = balance owed
N. MIGRATE YOUR WEBSITE OFF ROOAH SERVERS
You may migrate your website off our servers once you have completed your payment plan. We kindly ask for a minimum of two weeks’ notice before doing so, to delete all relevant files and consolidate our storage space.
If you require assistance with the migration process, we will charge a fee of $300 plus an invoice for any outstanding balance. Additionally, please ensure that the new platform can host WordPress websites.