The Developer Club works under the 2RSoftware umbrella, and as such, our Terms of Service are directly based on the Terms of Service from 2RSoftware.
TERMS OF SERVICE
2R Software LLC takes no responsibility for services provided by third parties that are not within the services that 2R Software LLC offers, including the Hosting of the Client’s Website, or other custom code not created by 2R Software LLC. With that said, 2R Software LLC will do all that we can to ensure that Website downtime is kept to a minimum and to help in any technical areas that we are able to in order to facilitate a better site experience.
Maintenance & Error Correction
2R Software LLC takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place inside the timeframe of a partnership or upfront payment plan) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to 2R Software LLC will be corrected free of charge for up to 30 days after a partnership or upfront payment plan has ended, but 2R Software LLC reserves the right to charge a reasonable fee for corrections for which 2R Software LLC is not responsible, including, but not limited to malicious modifications of the Website by a third party and typographical errors contained in materials provided to 2R Software LLC by the Client.
Extent of Work
Work is limited to uploading all necessary files to the Host & testing of functionality for the site. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client. SEO and other Search Engine functions will not be applied unless an SEO agreement has been discussed and agreed upon as well as paid accordingly or inside the partnership scope.
Consequential Loss
Under no circumstances will 2R Software LLC be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software, web sites and/or all other technologies and products. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. Alternatively we offer a backup service in our plans.
Status and Duration of Offers
Proposals and offers for custom website design and development services are valid for a period of one month from the date issued. 2R Software LLC is not bound to honor offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.
Search Engine Listings (SEO)
2R Software LLC does not guarantee listings on Search Engines and the Client accepts that it is the Search Engines and not 2R Software LLC who determines whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. 2R Software LLC does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.
Maintenance Agreements
2R Software LLC reserves the right to change the terms of any and all maintenance agreements at any time, for any reason, without prior notice. These changes may effect current contractual agreements, the changes typically are to improve the services we offer to our clients and partners, be it with new automated services, enhancements for existing functionality or plugins and more.
Support
2R Software LLC provides free technical support as it relates to a healthy website experience up to 30 days after payment has been made in full. Beyond that the client is on their own for any misfortune that may occur. 2R Software LLC does offer support at a premium which is determined on a case by case basis and 2R Software LLC offers maintenance plans for their clients.
Browser Support
New website builds and their corresponding browser support are guaranteed on fully updated versions of Chrome, Firefox, Safari, and Edge (We do not work with Internet Explorer nor older versions of Safari).
Supply of Materials
The Client is to supply all materials and information required for 2R Software LLC to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, 2R Software LLC has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. The items required before Work commences are outlined in the appendix, if applicable. Where the Client’s failure to supply materials prevents progress on the Work for more than 7 days, 2R Software LLC has the right to invoice the Client for any part or parts of the Work already completed.
Single Projects
If a single project is agreed with 2R Sofware LLC, it would require an advance before starting it, usually for projects under USD $10,000 it would require a full advance of the cost, and for projects that their cost go above USD $10,000, it would require at least a 50% in advance unless a written agreement is made and accepted to change it.
At the end of the project, if maintenance is required, it would be by a monthly fee agreed with the client.
Refunds for Single Projects are up to 50% of the total amount, due to administrative expenses if the project is still not done and the reasons for the refund are accepted by 2R Software LLC.
Approval of Work
For Single Projects, On completion of the Work, the client will be notified and have the opportunity to review it. The client should notify 2R Software LLC, in writing, of any unsatisfactory points within 7 days of receiving the review notification. Any issues which have not been reported in writing to 2R Software LLC as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the remaining payment will become due (if applicable such as in the case of custom design and /or development projects). The Contract will remain in effect until all obligations have been completed in terms of this clause. Usually a meeting is made to go throught the project with the client to make QA and evaluate everything about the project.
Rejected Work
For Single Projects, If the client rejects the work within the 7 day review period, or does not approve subsequent work performed by 2R Software LLC to remedy any points reported by the client as unsatisfactory, and 2R Software LLC considers that the client is unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and 2R Software LLC can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.
Payment
For Single Projects, upon completion of the 7 day review period, 2R Software LLC will invoice the client for the remaining balancing payment if it applies, which, in the absence of agreement to the contrary, is to be paid by the client within 7 days of the date that the invoice was issued. This clause is usually only of relevance for custom design and / or development projects where the payment is split 50% deposit and 50% on completion, and only applies for single projects, not partnerships.
Admin Invite
For any site that requests a Single Project or Partnership, an administration account should be created beforehand. For this, we will guide the site owners on how to do it in their respective platforms. This is required before joining any partnership or paying any single projects.
The admin account must be a Full Access role account.
Backups
For Single Projects, There is no guarantee that the web site backups will be successful every or any time, that we will retain a copy of any and / or all backups or that those backups will be useful for future use. 2R Software LLC, Inc. is not liable, nor responsible, in any fashion, for any damage or loss of any files, information or any server data during or resulting from these backups. Should any damage occur, 2R Software LLC, Inc. will act in good faith and make a valiant effort to resolve the issue, however, there are no set guarantees.
Partnerships Plans
Because partnership costs are lowered in comparison to single projects for work done on the site related to site customization, maintenance, database services, code optimization, code refactoring and other multiple tasks done on the site, there are no refunds during the first 12 months of a partnership plan.
The decision to do refunds (Partial or Full refunds) after the 12 months of a partnership are left to 2R Software LLC to decide.
If a client leaves a partnership before the 12 month commitment without a notification, All services that were covered by 2R Software through a 3rd party server (eg API Solutions, image processing, any 3rd party services that were being serviced by 2R Software LLC outside of the client's site) would be canceled and any code related to them removed from the client's site.
If a client leaves a partnership before the 12 month commitment, but notifies 2R Software LLC of the reason why, 3rd party services (eg API Solutions, image processing, any 3rd party services that were being serviced by 2R Software LLC outside of the client's site) could be left connected to the server if the client asked for them and if the cost to maintain them by 2R Software LLC can be covered without a financial problem.
2R Software LLC reserves the rights to approve or deny any partnerships beginning January 1st 2022. The decision is directly related to the client's business model, achievable goals, long term investment and a planned strategy that will ensure the site's success together with the services offered by 2R Software LLC.
Approval of Work
For Partnership Plans, 2R Software LLC and the client would meet at least once per month if needed, to check all advances or what is being done on the client's site, to check new goals or if the goals have been completed or changed.
Rejected Work
For Partnership Plans, the client must notify 2R Software LLC for any issues or new enhancements willing to be updated in the monthly meeting set by the client or 2R Software LLC.
Payments
For Partnership Plans, the payments would be processed monthly via Stripe using the client's email that was set during the invoice for the service.
Admin Invite
For any site that requests a Single Project or Partnership, an administration account should be created beforehand. For this, we will guide the site owners on how to do it in their respective platforms. This is required before joining any partnership or paying any single projects.
Backups
For Partnership Plans, there is no guarantee that the web site backups will be successful every or any time, that we will retain a copy of any and / or all backups or that those backups will be useful for future use. 2R Software LLC, Inc. is not liable, nor responsible, in any fashion, for any damage or loss of any files, information or any server data during or resulting from these backups. Should any damage occur, 2R Software LLC, Inc. will act in good faith and make a valiant effort to resolve the issue, however, there are no set guarantees.
