Terms and Conditions of Business

Last Updated: August 2023.

Introduction

This agreement (the “Agreement”) is made between StartSmall.work (“StartSmall”) and (“Client”).

Definitions

For the purposes of this Agreement, the following terms shall have the following meanings:

  • “Services” means the branding, website design, and SEO services provided by StartSmall to the Client.
  • “Content” means all text, images, videos, and other materials provided by the Client to StartSmall for use in the Services.
  • “Intellectual Property” means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

Services

StartSmall shall provide the Services to the Client in accordance with the scope of work agreed upon in writing by both parties.

Payment

Payment is due in full within 14 days of the date of the invoice generated and sent to the client. Failure of payment on the due date, StartSmall.work has the right to charge 3.5% of the due amount every day until the invoice has been paid.

Confidentiality

StartSmall shall keep all Confidential Information (as defined below) confidential and shall not disclose it to any third party without the Client’s prior written consent. “Confidential Information” means all information disclosed by the Client to StartSmall in connection with the Services, including but not limited to Content, trade secrets, and financial information.

Non-Compete

StartSmall shall not provide Services to any client who is situated in the same working area as the Client for a period of 1 working day after the termination of this Agreement.

Ownership

All Intellectual Property created by StartSmall in the course of providing the Services to the Client shall be owned by StartSmall. StartSmall.work has the right to undo all work if the client fails to make payment for services provided. The Client shall not own the project until they have paid for the project in full.

Refunds

StartSmall.work does not offer refunds on work that is ongoing or completed. The only time a refund can be made is when a work order has been placed and within 48 hours of having placed the work order. After 48 hours, we will not be able to provide a refund for the services the client has purchased.

Limitation of Liability

StartSmall.work shall not be liable to the Client for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to lost profits, lost data, or business interruption, arising out of or in connection with this Agreement, even if StartSmall.work has been advised of the possibility of such damages.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event. A force majeure event is an event beyond the reasonable control of a party, including but not limited to acts of God, war, strikes, and natural disasters.

Dispute Resolution

Any dispute arising out of or in connection with this Agreement shall be resolved by the parties through internal negotiation. If the parties are unable to resolve the dispute through negotiation, the dispute shall be submitted to binding arbitration in accordance with the rules of the Arbitration Foundation. The arbitration shall be held in London, England, and the English language shall be the language of the arbitration.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

Migrations

Inbound Migrations:

1.1 If you possess an existing website and desire to transfer it to our servers at StartSmall.work, we offer a migration service in collaboration with you and your prior freelancer or agency.

1.2 The migration service incurs a charge of £250, payable for the seamless transition to our platform.

1.3 The migration fee of £250 is non-negotiable and must be settled prior to the commencement of the migration process.

 

Outbound Migrations:

2.1 In the event that you decide to discontinue services with StartSmall.work, the complementary benefits of free website hosting and SSL will be terminated concurrently with the cessation of other services.

2.2 Should you opt to transfer your website to a different server, we provide assistance for the migration at a cost of £250.

2.3 The outbound migration fee of £250 is non-negotiable and must be remitted prior to initiating the migration process.

 

General Terms:

3.1 All fees associated with website migrations are exclusive of any taxes or additional charges, which will be borne by the client.

3.2 StartSmall.work reserves the right to modify migration fees with prior notice, though such changes will not affect ongoing migration agreements.

3.3 Payments for migration services are non-refundable once the migration process has commenced.

3.4 StartSmall.work is not liable for any loss of data or functionality during the migration process, and clients are encouraged to maintain backup copies of their website data.

3.5 The client is responsible for providing accurate and necessary information to facilitate the migration process.

 

By engaging in website migration services with StartSmall.work, you agree to abide by these terms and conditions. Failure to comply may result in the termination of services. StartSmall.work reserves the right to amend these terms at its discretion, with notification provided to affected parties.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

Notices

All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when emailed.

Headings

The headings in this Agreement are for convenience only and shall not affect their interpretation.

Other

The Client acknowledges and agrees that StartSmall.work is not liable for any refunds or the equivalent if the Client fails to read the terms and conditions provided.

 

Furthermore, the Client agrees that upon making a payment and commencement of work, the Client is bound by the terms and conditions of this Agreement.

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