SERVICE AGREEMENT

PARTIES:

This agreement will commence on the date of purchase and will continue until the design process is completed. After the initial agreement expires, it will remain in force for subsequent terms unless either party agrees to terminate it under the termination procedure. The agreement also remains in place when any funds owed to TGTM are outstanding.

AGREEMENT:

As the primary point of contact, the "purchaser" also referenced as "Business", "They" or "You" will be held accountable for this agreement and its terms. The resources required to fulfil the project deliverables and timeline must be provided by the purchaser within 14-days of the purchase date, including but not limited to: logo, fonts, colours, branding, images, collections, domains, social links, GDPR point of contact, business information, blurb, product images, product descriptions, product price, variants, weights and any other information TGTM requests.

As outlined during the onboarding process, TGTM can not be held liable for missed key dates & launch if the information has not been provided promptly for the project. At any stage throughout the agreement, if the Purchaser fails to remain in contact with TGTM, the agreement will be terminated after 14 days, and you will be liable to cover any costs associated with breaking the agreement. All other terms of this Agreement remain in full force and effect if one part is broken.

ONBOARDING:

At TGTM, we want to make sure that our clients are fully taken care of from the moment the purchaser signs up for our services. We'll walk the purchaser through everything they need to know during the onboarding process, including timelines, resources, and expectations. Onboarding takes place over the phone or in person. If the purchaser does not attend onboarding, TGTM still requires resources within 14 days of purchase.

TIMELINE/DEADLINES:

Both parties must adhere to key project timelines/deadlines, which will be discussed during the onboarding call. If the purchaser is unable to meet a deadline during the timeline, you must inform us in writing. Pausing the project for up to 30 days is allowed, but payment plans remain in place during this time. TGTM will not be held liable for missed deadlines if proper communication has not been made or if resources have not been provided by the purchaser. If the purchaser doesn't comply with the timeline/deadlines, we'll terminate the agreement but you'll still be liable to pay for the service in full. Please refer to the termination terms.

 

MEETINGS, VISITS & CALL:

At TGTM, we focus on outreach to find new potential customers. We don't have any contractual obligation to visit or offer support, catch-up meetings, or check-ins in person for clients/purchaser. However, we may visit clients at a time that suits the agency. If the purchaser needs to arrange a meeting or needs support, they can request a call or request support through message. 

PROJECT DELIVERABLES:

As per the terms of the purchased package, TGTM is only responsible for delivering the agreed-upon project deliverables. If any additional work is required, it will be billed at an hourly rate of £75.00, paid upfront for the estimated time required.

GDPR COMPLIANCE:

TGTM cannot be held responsible for GDPR compliance for the services we offer. It is the responsibility of the purchaser to ensure their business is compliant with all GDPR. TGTM will not be held liable for any disputes regarding GDPR compliance.

COPYRIGHT INFRINGEMENT:

TGTM is not responsible for any copyright infringement, including certifying work, copying and pasting photos upon request, or any other form of breach of this law. The purchaser agrees to indemnify TGTM at all times.

SHOPIFY PLAN & PAYMENT GATEWAYS:

Shopify is the hosting platform for all TGTM stores. While TGTM and Shopify are not affiliated, we want to make it clear that TGTM is an agency that uses Shopify software to provide our services. It's important to note that the purchaser must research Shopify before purchasing any service from TGTM. If Shopify is not the preferred platform, no refunds will be issued. However, the purchaser will be liable to pay for the services in full. TGTM is a partner of Shopify and earns a commission for each successful referral, but this does not result in a discount on our services. As part of Shopify hosting, the purchaser has the option to use Shopify as their main payment gateway or other third-party payment providers. At no stage is TGTM liable for these terminals & advises the purchaser to seek support from the selected payment gateway company.

SHOPIFY & THIRD-PARTY ACCESS:

As part of our agreement, TGTM will need access to the purchaser's Shopify store to perform the tasks purchased. If TGTM is removed from the store at any point, it will prevent TGTM from being able to do its job, and the agreement will be terminated. However, you will still be responsible for paying for the service in full. Once each contract is completed, TGTM will remove its access from the store unless agreed otherwise. If any funds are owed to TGTM, TGTM must remain as active collaborator at all times until funds are paid in full. At any stage TGTM is removed, you will be required to pay for the funds owed in full. If the purchaser has an active support plan, TGTM will need to access the store from time to time to make small updates. If the purchaser ever need to remove TGTM access, please contact us. By entering into this agreement, the purchaser gives TGTM permission to share access with other third-party companies as needed to complete selected tasks.

SHOPIFY, DOMAIN & THIRD-PARTY APPS:

Under no circumstances is TGTM liable for any problems associated with Shopify or other third-party apps used by the purchaser's online store. If there are any issues with the store or an app, the purchaser should reach out to the relevant team to resolve the issue. TGTM will attempt to connect your domain, but at any stage, if issues arise with the domain provider, it is the purchaser's liability to raise a ticket with the domain host. TGTM can not be accountable for any issues relating to the domain, emails or any other platform linked to the purchaser's business operation.

BROWSER FUNCTIONALITY:

All project deliverables are tested for functionality and compatibility on major online search engines, such as Google, Safari, and Firefox. However, TGTM cannot take responsibility for project functionality on any search engine. If the purchaser experiences any issues, they should seek to find support from the provider direct.

SCREEN COMPARISON:

Some services carried out by TGTM may appear differently on various screen sizes and types. This includes the store or email visuals, colours, and text. It is not TGTM's responsibility for the appearance of any services provided that may vary by screen.

ERROR REVIEW & REVISIONS:

Revisions are included in all of our packages, and we request feedback from the purchaser via a survey the day after the project is completed. The purchaser has 7 days to return the survey and then TGTM has 7 days to tweak the revisions that are requested. The purchaser is expected to provide the resources needed for TGTM to make the revisions (such as images, text, etc.), and TGTM will not provide additional revisions beyond what is included in the package. If more revisions are needed, the purchaser will be charged at an hourly rate of £75.00 paid upfront.

ALLOWANCES:

As the purchaser, you are responsible for understanding the prices of all paid assets, including but not limited to hosting, domain, GDPR, SSL certificates, third-party apps, images, content, premium fonts, monthly subscriptions, transaction fees and any other future costs. TGTM is not liable for these expenses past & future.

STORE TRANSFER:

TGTM will remain as the store owner during the development process unless agreed otherwise. Once the store is complete, TGTM will transfer ownership to the purchaser, who will need to select an active Shopify plan. During the agreement and while funds are owed for TGTM's services, TGTM should remain an active collaborator in the store. If at any point the purchaser requires TGTM to continue holding their store, a monthly fee of £10.00 applies until the purchaser chooses an active plan. At any stage money is still owed to TGTM, the store remains property of TGTM until all payments are paid. Failure to comply with these terms will result in a termination of the agreement & the purchaser will be liable to pay for the services in full.

EXCLUSIVE DESIGN CREDIT:

As the purchaser of our services, you agree to allow us to display a "Powered By TGTM" credit on the footer of your store design and any other service we carry out for you. If you require us to remove our exclusive design credit, a fee of £495.00 will be applied. If you remove our design credit at any point, the £495.00 fee will automatically be applied. You agree not to claim that the store was designed by another agency, by yourself, or by anyone else. If you breach this agreement, TGTM will take appropriate legal action against you.

PAYMENT SCHEDULE & PAYMENT OPTIONS:

At TGTM, we understand that everyone has different needs when it comes to payment. That's why we offer a range of options, from upfront payments with a 10% discount, and split payments with no interest, to monthly payments with a 10% interest for those who need to spread the cost further. You can find the terms and conditions for each method below. Please note that the purchaser is always responsible for the full cost of the services, as well as any other expenses that may be incurred during the contract period.

When you make an upfront payment, the purchaser is entitled to a 10% discount on the total bill. The purchaser can make this payment through the TGTM store. Please note that if you change your mind after making an upfront payment, TGTM cannot refund you. TGTM appreciate your understanding that this is a simple transaction for a service that we will provide.

Split payment is a popular option for many businesses. Essential Store Design offers the ability to split the bill in two, with the initial payment up front and the second payment 21 days later. For Standard Store Designs, an upfront payment will be taken, followed by a further payment 21 days later and the final payment 35 days later. For the Premium Store Design, an upfront payment will be taken, followed by payment 21 days later, 35 days later and 49 days later. All subsequent payments will follow from the original payment date. For example, the payments will be 49 days from the first payment made.

TGTM offer a monthly payment option. With this option, the purchaser can pay a minimum upfront payment of 25% of the service cost, and spread the remaining amount over 3,6, or 12 monthly payments at a 10% interest rate. All monthly payments are due on the 30th of each month. If you fail to make a monthly payment, the remaining balance will be due upfront.

For any payment options, the purchaser is subject to our Paid Themes terms which are atomically adhered too, once the initial purchase is made.

PAID THEMES:

TGTM offer a variety of design services that may include an expense for a theme. Themes are paid for by the purchaser as part of the service package. Theme costs can range from £0.00 to £300.00, and a portion of the budget will be used to purchase the theme. It is the purchaser's responsibility to agree to the theme design before purchase; this is a non-refundable transaction. The essential store design comes with a free theme & the standard store design comes with a theme budget of up to £200.00, and the premium store design comes with a budget of up to £300.00. Purchasers should take this budget into account when selecting a store design. If payment has been made upfront or in instalments, TGTM will refund the cost of the theme on the day of publish date & once all funds outstanding is paid in full. For monthly payments, we will request payment for the theme upfront on the date of publishing but will deduct the sum from the total amount owed. If the purchaser fails to make a payment for the theme when requested, the agreement will be terminated. If the purchaser has any questions about the paid theme terms, please don't hesitate to contact TGTM.

FAILED & LATE PAYMENTS:

If you don't make your payment on time, you'll be charged a £45.00 fee to cover administrative costs. If you don't pay after 3 attempts within 7 days, we'll terminate the agreement and you'll owe us all the outstanding funds in full, including any interest & late payment fees that have accrued. Below is a breakdown of terms for split payments & monthly payments.

If the purchaser has chosen to pay by split or monthly payments, they will still be responsible for the full cost of the service. If the purchaser fails to make a non-payment TGTM will not transfer the store & will take legal action to close your store if it's active and you will be required to pay all outstanding funds in full. At any stage, if the purchaser has outstanding funds owed to TGTM, the store remains the property of TGTM.

CANCELLATION:

Please note that this agreement does not include a 14-day cooling-off period as the Consumer Rights Act does not apply to business-to-business contracts. This means that business-to-business transactions are not cancellable, and full payment for the purchased service will be due regardless of whether the buyer wishes to continue with the service or not. TGTM will, however, keep the account open for 90 days to give the purchaser time to decide whether to go ahead with the selected services but will still be required to pay their arranged plan. After the 90 days have elapsed, TGTM will keep the funds paid and no services will be owed to the purchaser. The purchaser can transfer the service to a friend, family member or fellow business within the 90-days, but please be advised that the recipient will be liable for an administration fee of £245.00. If the purchaser or the recipient has any questions or concerns, please do not hesitate to contact us.

 TERMINATION

Under this agreement, both parties have the right to cancel if any of the terms are breached. If the agreement is terminated, all work will stop immediately. Any money owed to TGTM for the services requested, including late payment fees and interest, will need to be paid within 7 days. If the agreement is breached, no refunds will be given and future work may be prevented.

UPDATES:

This agreement gives TGTM hold the right to update terms and conditions with 14 days' notice. If the purchaser has any questions about how the updates may affect you, please contact TGTM.

LIABILITY:

At TGTM, we always strive to provide the best possible service to our clients. However, we cannot be held liable for the success of your business. This includes, but is not limited to, sales, revenue, traffic and legalities such as GDPR. Once we have fulfilled the work, it is the purchaser's responsibility to make any necessary changes to the store and to seek help for any issues that may arise. If the purchaser is on a payment plan with TGTM, please note that the store continues to be owned by TGTM until all outstanding fees, including interest, have been paid in full.

AGREEMENT ENDING:

TGTM's terms and conditions are binding when the purchaser, purchases our services. This agreement is non-renewable and nontransferable. If any part of this agreement becomes invalid or unenforceable, the rest will still be in force. Failing to comply with the terms of this agreement will result in immediate termination of service, and further legal action may be taken if necessary. By completing your purchase, you agree to all our terms and conditions outlined in this document.

Date Amended: 23/01/2023 at 10:00AM

Amended By: Jaike Lightfoot

Email: Accounts@Grindtimemedia.co.uk

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