Oikos Digital Ltd Terms and Conditions
Version 2.0, 6th June 2018
These are the terms and conditions for use of this website, our online services and Oikos Digital customer projects.
We dislike complicated things and we always aim to please our customers, but we are a business and we need to make sure we meet our customers' expectations, and that they meet ours. These terms and conditions make those expectations clear and are intended to protect you and us from anything unexpected happening.
For the purposes of these terms and conditions, "we", "us" and "our" refers to Oikos Digital Ltd., and "you" and "your" refers to you or the organisation that you represent.
If you have any questions or concerns then please contact us and we'll see what we can do.
1. Privacy
This section applies to Oikos Digital customers, visitors to the Oikos Digital website and users of Oikos Digital online services such as our hosting portal and control panels.
We have a separate privacy policy and cookie policy and data processing agreement that forms part of these terms and conditions.
In addition we note that:
- If you choose to comment on any articles on the Oikos Digital website, then that’s great, but we have the last word on all comments and can choose to approve comments or not for any reason whatsoever.
- If you comment on the Oikos Digital website then we collect and store personal information from you in order to let you do this. We keep your email address private, but your name, website and comment may be published to make the comments system work. Only provide this information if you are willing for it to be published on the internet.
2. Hosting
This section applies to all Oikos Digital customers who host a website with or through Oikos.
- 2.1. We re-sell hosting services from larger hosting companies. To host your website through us you will need to accept the terms and conditions, terms of use, privacy policy and any other legal documents from the re-sold hosting provider. These documents, or links to them, will be given to you for acceptance before the hosting service commences.
- 2.2. We shall endeavor to keep your site running for the duration of the hosting agreement. However, the availability of your site cannot be guaranteed as we are subject to the availability of the service provided by the hosting companies that we re-sell from, and we can accept no liability for losses incurred as a result of your website failing.
- 2.3. You are responsible for making sure that your software, code and data is backed up. We endeavour to provide our own backups where possible, but this is not a guaranteed part of our hosting service. We can, if needed, provide mechanisms and instructions to you for making your own backups. Oikos Digital is not liable for customer software, code or data that is lost or damaged.
- 2.4. You must not use the hosting that Oikos Digital provides for anything illegal or offensive. Examples are usually given in the reseller hosting company's terms of use. If this happens we, or our hosting supplier will suspend your account. Neither Oikos Digital nor the hosting supplier will be responsible for any loss of customer data should this occur.
- 2.5. Any data that an you store on the hosting service we provide will remain your property and we can provide a download of it on request. Depending on the nature of the download request this may incur a small cost.
- 2.6. The GDPR requires that you, as data controller for your website, enter into a data processing agreement with us. Acceptance of these terms therefore also includes acceptance of the Data Processing Agreement at https://rosswintle.github.io/Oikos-Terms/processor-agreement.html
3. Domains
This section applies to all Oikos Digital customers who buy domains through us.
- 3.1. You agree for Oikos Digital Ltd to be a representative of you or your organisation for the purposes of buying and registering domain names.
- 3.2. Domain names shall be registered in your name or in the name of your organisation.
- 3.3. We re-sell domains from larger registrar companies. To register a domain you will need to accept the terms and conditions, terms of use, privacy policy and any other legal documents from the registrar. These documents, or links to them, will be given to you for acceptance before the domain is registered.
- 3.4. Domain names are purchased for a fixed period of one or more years. At the end of this period we shall notify you that the renewal is due. Failure to renew could result in the irretrievable loss of the domain and any services associated with it, including domain email addresses. We shall endeavor to contact you or your organisation to process the renewal, but we can not be held responsible for any losses incurred as a result of your failure to instruct us to renew a domain name.
- 3.5. Any domain name transaction (purchase, renewal, change of hosting settings, transfer of ownership) may be subject to an administration fee. All costs of purchase and renewal will be met by you unless included in a project proposal.
4. Data, Code, Designs and Backups
This section applies to all Oikos Digital customers.
- 4.1. We will keep copies of any program code or designs that are delivered as part of your project and you agree that we can store these using whatever storage and backup products or services are deemed necessary by Oikos Digital.
- 4.2. You are responsible for making sure that your software, code and data is backed up. We endeavour to provide our own backups where possible, but this is not a guaranteed part of our service. We can, if needed, provide mechanisms and instructions to you for making your own backups. We are not liable for customer software, code or data that is lost or damaged.
- 4.3. We will send you project deliverables in electronic format. If delivery on physical media is required this may incur charges for materials and delivery.
5. Copyright and Content
This section applies to all Oikos Digital customers.
- 5.1. We normally build customer websites using software that is released under open -source licenses such as the GNU General Public License (GPL) or the MIT license. In some cases other licenses will apply.
- 5.2. Anything that we creates that is a derivative work of something released under the GPL, is also subject to the GPL. This means that:
- you are free to use, copy and modify the work internally yourself or within your organisation;
- you will maintain copyright of it;
- you are not required to release it to the public, but if you do then you must give other people permission to copy, distribute and modify it under the terms of the GPL.
- 5.3. Any work that you create using services provided by us will be the copyright of the customer.
- 5.4. Any work that we create for you, will be owned by you. You grants Oikos Digital Ltd. an unlimited license to use, copy, and modify the works and to base other works upon them. This is to allow us to re-use the work that we do rather than create everything from scratch.
- 5.5. Content uploaded by you to a website hosted by or through us must be either:
- owned by you, or your own copyright;
- licensed to you for your usage on the website;
- in the public domain and therefore free of copyright restrictions.
6. Data Processing Agreement
This section applies to all Oikos Digital customers.
- 6.1. Many projects will involve us processing personal data that you are data controller for. Acceptance of these terms therefore includes acceptance of the Data Processing Agreement at https://rosswintle.github.io/Oikos-Terms/processor-agreement.html
7. Projects, Proposals and Payments
This section applies to all Oikos Digital customers.
- 6.1. At the start of a project, we will produce a project proposal for you, detailing your needs, and what work will be done, and when.
- 6.2. When the details of the work to be done have been agreed, we will provide you with an estimate or quote detailing charges for doing the work. The estimate or quote will state whether the work will be done for a fixed price, or at an hourly rate.
- 6.3. Sometimes things will go wrong, or details of a project will change. If this happens we will keep you informed of what's happening, why it's happening, and agree any changes to the proposal and costs with you.
- 6.4. Most projects will be a collaborative effort and will involve contribution from you and your organisation in order for timescales to be met. We will keep you informed of what we need from you and when, but if the things we need are not provided in time then the project may be delayed. We will agree with you any resulting changes to the proposal and deadline.
- 6.5. For fixed-price projects an invoice will be submitted once the work detailed in the proposal is complete, or according to an agreed payment schedule.
- 6.6. For hourly-rate projects we will submit invoices at durations agreed as part of the project proposal or in other communcation with you as the project progresses.
- 6.7. Payment is due by cheque or electronic bank transfer 30 days from the date of the invoice. Specific payment details are stated on our invoices. We reserve the right to charge interest and claim compensation for debt recovery costs on late or unpaid invoices.
8. Technical support and operation
This section applies to all Oikos Digital customers.
- 7.1. We may not always get everything right. If you find that something we agreed to do does not work, or stops working, within a month of the project completion, we will fix these for free.
- 7.2. We endeavour to produce web sites and pages that display in most popular modern browsers, but we cannot be responsible for pages not displaying in older or un-supported broswers. If display in older browsers is required this will be agreed with you and may involve additional chargable work.
9. Portfolio Usage
This section applies to all Oikos Digital customers.
- 8.1. We like to talk about the work that we have done in order to drum up new business. You therefore agree that we can display and link to the completed work as part of our website portfolio, and that we can talk about and write about the project on websites, in future proposals, and in the media. We will not use specific client quotes of feedback without permission. If, for some reason, you do not want us to mention you as a client, or your project, then please let us know - we do make exceptions.
- 8.2. You also agree that we can, as part of the design and work, include a link back to the Oikos Digital website - this will be discrete and usually in the footer of your site. Again, if for some reason you do not want this then let us know.
10. Cancellation
This section applies to all Oikos Digital customers.
- 9.1. You may cancel a project with 14 days notice. We will submit an invoice for work already completed.
11. Disclaimer
This section applies to all Oikos Digital customers.
- 10.1. We will give you advice and suggest software tools, third-party services, and processes for using them. We are confident that we know lots of useful things and our aim is to share them with you in order to make your life and work easier.
- 10.2. However, the internet and technology change quickly and, while we do our best to stay up to date, we do not guarantee that what we knows is the latest or best information. We can not therefore accept liability for any costs incurred by you that are caused by us providing you with information or advice that is viewed by anyone as being inaccurate, out of date, or not current best practice.