SmallDot Terms and Conditions of Service.

These terms are subject to change without notice.

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Projects and Deadlines

When does a project start?

A project starts within one (1) business day after the first payment is received successfully. It is best to have all requested materials for the project ready at time of payment.

What affects a deadline being met?

Numerous factors can affect a deadline. While deadlines are not guaranteed, we do strive to meet them, especially when we set the deadline with you.

Factors such as, but not limited to, additional scope, unresponsive client communications, delays in receiving requested materials, or delays in payment, can affect and extend deadlines.

Who owns a website when SmallDot is finished building it?

After a website project is complete and paid in full, ownership and responsibility over the Website is transferred to the party who has paid the final balance due for the Website project.

HOWEVER, immediately when the website is moved from staging to a hosting plan, the party that is billed directly by HostHuski for the website's hosting services is exclusively considered the Website Owner.

When does a project end?

A project ends when the work is complete according to scope set forth in the beginning of the project, but only after the Client's account is current.

What requires additional cost?

Additional cost will be incurred for any deviations from scope that are requested by the client. This also includes excessive revisions, changes, additions etc required by client, to the work we've been asked to do.

We price our projects competitively according to complexity, resources, time, deadline, and other time-sensitive factors. If a project is not completed within 90 days of its due date due to a delay that we believe has been caused by the client, for any reason, the project may be abandoned until re-started. This will affect the previously estimated deadline, and will require an additional payment to be made against the total cost of the project before continuing.

Who, besides SmallDot, has administrative access to a website SmallDot has built?

The Website Owner, where not prohibited by other terms of SmallDot or HostHuski, reserves all the rights and responsibilities over the website including the right to administer the website through the WordPress dashboard.

The Website Owner will have the right to revoke, modify, or refuse administrative access (including the ability to log into the website) to any third party, including any original parties billed for the website, at any time. 

Billing and Invoices

When are invoices due?

Non-recurring invoices are due immediately on receipt. These invoices allow for 30 additional calendar days for payment to be received in full, per invoice, except in cases where work was already performed (usually billed hourly).

Recurring invoices are due on receipt and allow for 15 days before it is considered late and a late fee is incurred. In cases where work was already performed (usually billed hourly) these invoices are also late after 15 days and will also incur a late fee.

Invoices for new projects are due immediately before work is able to be started. Invoices will contain additional payment schedule details and instructions.

We will not deliver completed work until all its applicable invoices are paid in full.

What happens if an invoice is late?

If any remaining balance on an invoice goes unpaid for more than 30 days from the due date, a 10% late fee will be added to your account balance thereafter.

If a recurring invoice goes unpaid for more than 15 days from the due date, a 10% late fee will be added to that unpaid invoice.

After 40 days, if you fail to contact us to resolve your account balance and/or invoice, we may be forced to freeze current projects, deliveries, or support tasks. We will make a reasonable attempt to contact you in advance before such account actions are made.

If you are still unresponsive, and your account balance is greater than $499 and it is more than 90 days from the due date of the invoice, a 40% collections fee will be applied and the invoice will be submitted to our Collections Department to ensure you are contacted and that the payment can be made so you can continue enjoying our services and products we provided to you.

Look, we hate late fees as much as you do. We’ll work with you to ensure you can get your invoice payment submitted before late fees would occur, and we give you plenty of time to settle your account before late fees would occur.

What are acceptable methods of payment?

We accept credit and debit cards through our payment terminal. We do not accept checks by mail or bank transfers. No exceptions. International payments are accepted by debit or credit card.

What happens if I can't pay an invoice?

If you cannot pay your invoice please notify us as soon as possible and we can enroll you on a payment plan. Payment plans for amounts greater than $900 will require a small and reasonable interest charge.

What happens if I want a refund?

We do not issue refunds for our work. All sales are final, without warranty. We work-for-hire with all work rendered as-is. However, we will always do our best to ensure your satisfaction. If you wish to terminate your relationship with SmallDot you will be subject to terms of termination found later on this page.

We do not issue refunds for deposits except when refund is requested within 48 hours and no work has been started.

Minimum Hourly Billing

When billing hourly for work done on a project, the minimum charge for an invoice for this work is equal to 15 minutes at the current hourly rate.

If you request work done and we spend a total of 5 or 10 minutes total on that work (regardless of how many tasks are done), you will be charged for 15 minutes so long as the total amount of time spent is less than or equal to 15 minutes.

Privacy

At SmallDot we take security seriously. We are always looking for ways to improve your security while working with us. This privacy policy discusses what information we might collect from a registered user or other visitor (“You”), and what we will and will not do with it. Please note that this privacy policy does not govern the collection and use of information by companies that SmallDot does not control, nor by individuals not employed or managed by SmallDot. If you visit a Web site that we mention or link to, be sure to review its privacy policy before providing the site with information.

To see our general privacy policy meant for non-clients, please visit www.smldt.co/privacy

Data from Transactions

In order for your website to fulfill orders and transactions, your website will need to collect Name, Address, and other contact information. We will not use this information for any purposes without your explicit and expressed consent, like, for example, to provide Billing Assistance.

In order for us to provide billing support to your customers, we will use this information when they contact us, in order to help them and ensure we assist them to the best for our ability for your benefit.

To ensure your site, and our team, is providing optimal sales results to your customers, we will monitor sales and traffic information including AND ONLY limited to the website domain the transaction originates from, the day and time of transaction, the state where the order is being shipped, amount of the transaction, and the currency used to pay. This information will be used internally by SmallDot for and will not be sold or shared to any third party, ever. This information that we monitor does not contain customer name or contact information.

Other Accounts and Passwords (example: GoDaddy, Stripe, etc)

We will maintain access and management, with your permission, as a shared possessor of your account login information for any accounts we need access to in order to provide you services and products you have paid for. We will not share your login information with third parties. If necessary, we will create a temporary password for another party to access your account in special circumstances where we need assistance in handling a request you send us. We encourage clients to temporarily change their password to an easy-to-remember word for our use and access only, in which case, after we complete any work done within your account, you can revert or change the password for your convenience and security.

HostHuski

For HostHuski's Terms of Service please visit https://hosthuski.com/terms.

What happens if I am NOT a client and I want to cancel or move to another host?

Let us know in a support ticket and we'll take care of you. We will provide info for transfers. Please note, we do not move customer web accounts for free.

What happens if I am a CLIENT and I want to cancel or move to another host?

If you are a client, we will need to remove our licensed property from your site. We do not charge clients to use plugins or themes we own the licenses to. However, we do offer them as a courtesy for hosting and working with us.

Plugins will be deactivated and removed promptly before we release the site to your custody. There are no fees for cancellation. However, we will not move your site to a new host for you for free, and you will be required to have your account in good standing with us prior to us delivering your site to you.

Liability

Who is liable for damages caused by any work/service rendered, performed, delivered, or provided in any way?

SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. To the full extent permissible under the applicable law, We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use our services. You agree, at your own expense, to indemnify, defend and hold us harmless and our affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.

In the event that we are found liable to you for damages, the amount paid in damages shall not exceed the amount that you have paid SmallDot and/or HostHuski.

Off Boarding

What happens if I wish to terminate my agreements and client relationship with SmallDot?

Any client who wishes to terminate agreements and relations with SmallDot will be required to pay all due invoices in full preceding termination and delivery of the client's case folder(s). We keep careful and organized record and archiving of your projects and documents. You will receive all contents of your client folder excepting those prohibited by our third-party license policies.

Clients who are terminated are labeled "Do Not Contact" and will not be contacted by us for any reason after termination.

What happens to pre-licensed software on my site that I do not own? (WordPress Plugins, or Themes)

For any of OUR licensed material on your site that we have NOT billed you for, as would be shown in our itemized estimates, you will be responsible for replacing and furnishing your own licenses upon termination of hosting or your client relationship with SmallDot. SmallDot reserves the right to remove license keys and authentication from websites that contain third-party licenses belonging to SmallDot by any means necessary.

We will provide links and pricing info for these licenses during your request to terminate.

What happens to pre-licensed stock photos or videos on my site?

You are free to reserve ownership and usage of these images and/or videos unless advised otherwise due to legal or copyright restraints.

Licenses Issued by Third Parties

Use of any copyrighted material, trade secrets, patented material, or licensed material

You guarantee that the content (copy, images, videos, files, etc) you have provided for any work we create for you are all owned by you and you are not prohibited from using any such content due to copyright or other agreements with any third party. We will not be held liable for any fees, fines, consequences or damages that occur due to infringement of any third party's copyright and intellectual property rights.

WordPress Plugins

Any use of plugins or similar licensed property issued by a third party will be subject to and enforced by that third party's license agreement. If we provide any such license as the license holder, you will be bound to the terms of that license agreement but will not own the rights to possess the licensed material. Such licensed material is purchased for your project and used for your project.

WordPress Themes

Any use of themes or similar types of licensed property issued by a third party will be subject to and enforced by that third party's license agreement. If we provide any such license as the license holder, you will be bound to the terms of that license agreement but will not own the rights to possess the licensed material. Such licensed material is purchased for your project and used for your project.

Images, videos, etc.

Any use of images, video or similar licensed media issued by a third party will be subject to and enforced by that third party's license agreement. If we provide any such license as the license holder, you will be bound to the terms of that license agreement but will not have the rights to own or re-download the licensed material. Such licensed material is purchased for your project and used for your project.