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Terms of Service
TERMS OF SERVICE AGREEMENT Last Revised: 02 November, 2024
1. Introduction
1.1 These Terms of Service ("Terms") govern your access to and use of the services provided by Paddle Creative ("Paddle Creative," "we," "us," or "our") specifically relating to the ongoing maintenance and support of Webflow websites (“Maintenance Services”).
1.2 By purchasing or using our Maintenance Services, you ("you" or "Customer") agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, as they may be amended from time to time in the future (see “Modifications” below).
1.3 If you do not agree to these Terms, you may not purchase or use the Paddle Creative Maintenance Services.
2. Definitions
2.1 "Billable Users" means those types of Users for whom we charge you fees as set forth on the provided pricing sheet or the Paddle Creative Website.
2.2 "Billing Period" means the period you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Service for a one (1) year Initial Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
2.3 “Order Form” or “Order” means the Paddle Creative-approved form or online subscription process by which you agree to subscribe to the Service. Most Orders are completed through our online payment process using Stripe or via invoice and Direct Debit.
2.4 “Pricing Sheet” means the information sheet provided by the Paddle Creative representative during the sales process or any pricing sheets shared with the individual.
2.5 "Subscription Fee" means the amount you pay for the Maintenance Services.
2.6 "Subscription Term" means the Initial Subscription Term and all Renewal Subscription Terms.
3. Accepting the Terms
3.1 By purchasing or using the Maintenance Services, you agree to be bound by these Terms. If you wish to purchase or use the Maintenance Services, you must read these Terms and indicate your acceptance during the sign-up process.
3.2 You may not use the Maintenance Services and you may only accept this Agreement if you are of a legal age to form a binding contract with Paddle Creative. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. You should print or save a local copy of this Agreement for your records.
Privacy
For information about Paddle Creative’s privacy practices, please read Paddle Creative’s Privacy Policy. This policy explains how Paddle Creative treats your personal and corporate information and protects your privacy when you access the Paddle Creative Website and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
4. Description of Maintenance Services
4.1 Paddle Creative offers the following tiers of Webflow Maintenance Services:
Unlimited Webflow Development: This tier provides ongoing Webflow development support, allowing for unlimited task requests, with one active task being worked on at a time. This tier includes a dedicated project manager and support for technical SEO, CRM integrations, bespoke task requests via a dashboard, and technical JS development.
Unlimited Webflow Plus: This tier includes all the features of the Unlimited Webflow Development tier and allows for two active tasks to be worked on at a time. It also includes unlimited Figma design requests, UI and UX design, and support for SEO strategy and Google Tag Manager.
Monthly Hourly Bundle: This tier provides pre-paid bundles of support hours that can be used for Maintenance Services as needed, with time worked up to the number of hours purchased during that month. They will expire unless you use the hours during the billable period.
Ad-Hoc Support: This tier offers development and design services for Webflow websites on an as-needed basis, with tasks being purchased and completed on an hourly basis. Hours purchased must be used within a 12-month period from the order date.
4.2 Paddle Creative will use commercially reasonable efforts to complete tasks within the estimated timeframes, but actual completion times may vary depending on the complexity of the task.
4.3 Paddle Creative will provide you with a dedicated project manager who will be your primary point of contact for all Maintenance Service requests.
4.4 Paddle Creative utilises a "native-first" development approach, prioritising the use of Webflow's native Designer for optimal website speed and employing custom code (CSS, HTML, and JS) only when necessary.
4.5 Paddle Creative adheres to industry best practices and standardised naming conventions to ensure website organisation, maintainability, and ease of editing.
4.6 Paddle Creative’s expertise includes configuring Webflow CMS, building new pages, making CMS updates, performing technical JS development, conducting quality assurance, and handling UX/UI design and more.
4.7 Paddle Creative is capable of providing e-commerce functionality for Webflow projects, subject to a scoping session to determine feasibility within the scope of the agreement. This may involve utilising Webflow's native e-commerce capabilities or integrating third-party solutions like FoxyCart.
4.8 Paddle Creative offers support for migrating existing websites to the Webflow platform and can provide SEO upgrade services. However, ongoing maintenance for websites not built on Webflow are not currently provided.
5. Task Requests and Completion
5.1 Clients can submit task requests through a bespoke task-request dashboard or via Slack for direct interaction with their dedicated project manager.
5.2 For Unlimited Webflow Development tiers, tasks will be addressed one at a time for the Unlimited Webflow Development tier and two at a time for the Unlimited Webflow Plus tier, ensuring quality and focused attention.
5.3 For Monthly Hourly Bundles, the number of tasks completed will depend on the hours available in the bundle and the complexity of each task.
5.4 For Ad-Hoc Support, tasks will be completed based on the number of hours purchased for each individual task.
5.5 Task completion timeframes will vary based on complexity. Simple tasks can be completed within 1 to 3 business days, while larger, more intricate projects may take longer. Clients are encouraged to break down extensive projects into smaller, manageable tasks for faster turnaround times. For Monthly Hourly Bundles and Ad-Hoc Support services, all work on tasks will be timed, including meetings with you or associated with your business and will considered as part of the timed service.
6. Revisions and Client Satisfaction
6.1 Paddle Creative is dedicated to client satisfaction and offers unlimited revisions and changes to tasks until the client is 100% satisfied, within the boundaries of your service, such as hours remaining.
7. Availability and Working Hours
7.1 Live technical support is available during business hours, 9:00 am - 5:00 pm UTC, Monday to Friday.
7.2 Responses to enquiries outside of business hours will be provided upon the team's return.
7.3 UK public holidays and a pre-defined period during the Christmas season will be considered non-working days. Specific dates for the closure of the Christmas period will be communicated each year.
8. Fees and Payment
8.1 The fees for the Maintenance Services will be as set forth on the Paddle Creative Website, the Pricing Sheet, or the Order Form.
8.2 Unless otherwise indicated on an Order Form, all fees will be due and payable upon commencement of the Services (“Service Fees”).
8.3 You will pay all applicable sales, use, service, value-added, consumption or other taxes associated with the Maintenance Services.
8.4 All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service. You agree to pay any taxes applicable to your use of the Service. You shall have no liability for any taxes based on our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT, and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount to receive payment in full as if there were no deduction or withholding.
8.5 Paddle Creative accepts the following payment methods:
Stripe, Invoice, Direct Debit/Standing Order.
8.6 Payment Currency: Payments for Webflow Maintenance services can be made in the following currencies: British Pounds Sterling (£GBP), US Dollars ($USD), and Euros (€EUR). The applicable currency will be determined at the time of purchase or as agreed upon in a separate written agreement.
8.7 You agree to keep your contact information, billing information and credit card information up to date.
8.8 Late Payments: In the event of a late payment, defined as any payment not received within seven days of the due date, Paddle Creative reserves the right to take the following actions:
a . Suspension of Services: Paddle Creative may temporarily suspend Webflow Maintenance services until the outstanding payment is received in full. During the suspension period, access to support, updates, and other services may be restricted.
b . Termination of Services: If the outstanding payment remains unpaid for a period exceeding 21 days after the initial suspension, Paddle Creative reserves the right to terminate the Webflow Maintenance services. Termination may result in the loss of access to all services and any associated data or benefits.
8.9 All payment obligations are non-cancelable, and all amounts paid are non-refundable, except as specifically provided in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
9. Subscription Term and Renewal
9.1 The initial subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process ("Initial Subscription Term").
9.2 Unless one of us gives the other written notice by email of intention not to renew the subscription ("Notice of Non-renewal"), this Agreement will automatically renew for the Initial Subscription Term ("Renewal Subscription Term").
9.3 The user must send Notice of Non-renewal by email to hello@paddlecreative.co.uk.
9.4 The Subscription Term will end on the expiration date if the subscriber has submitted a cancellation request.
10. Your Data
10.1 You retain full ownership of Your Data. We do not claim any ownership over any of Your Data.
10.2 You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services.
10.3 Nothing in this Agreement will restrict Paddle Creative from collecting, using and analysing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that Paddle Creative does not specifically identify You or disclose publicly any personally identifiable information in the course of collecting, using, analysing, marketing or publishing that information or data.
11. Privacy
11.1 For information about Paddle Creative's privacy practices, please read Paddle Creative’s Privacy Policy, available on the Paddle Creative Website. This policy explains how Paddle Creative treats your personal and corporate information and protects your privacy when you access the Paddle Creative Website and use the Maintenance Services. The policy may be updated from time to time. Changes will be effective upon posting to the site.
12. Third-Party Sites & Content
12.1 The Service may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Paddle Creative's control, and you acknowledge that Paddle Creative is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Paddle Creative or any association with its operators.
13. Your Responsibilities
13.1 You are responsible for your conduct, Content, and other communications while using the Maintenance Services.
13.2 You are responsible for maintaining your accounts on such third-party services in good standing and complying with any applicable third-party terms of service and laws.
14. Your Profile Information & Confidentiality
14.1 You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your email address, allows you to access the Service. That email address, password, and any other user information you provide form your “Profile Information.”18
14.2 By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address as appropriate.
15. Proprietary Rights
15.1 You understand that Paddle Creative has disclosed or may disclose business, technical or financial information relating to its business (hereinafter referred to as “Proprietary Information” of Paddle Creative). Proprietary Information of Paddle Creative includes non-public information regarding features, functionality and performance of the service.
Paddle Creative shall own and retain all rights, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with support, and (c) all intellectual property rights related to any of the foregoing.
16. Disclaimer of Representations and Warranties
16.1 The content and all services and products associated with the Paddle Creative website or provided through the service or the Paddle Creative website are provided to you on an “as-is” and “as available” basis. Paddle Creative makes no representations, conditions, or warranties of any kind, express or implied, statutory or otherwise, including but not limited to, the content or operation of the Paddle Creative website, the Paddle Creative website or of the service you expressly agree that your use of the service is at your sole risk.
17. Limitations on Paddle Creative’s Liability
17.1 Paddle Creative shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages or for any loss of profit, data, revenue or business, arising in whole or in part from your use or access to the Paddle Creative website, the service or this agreement, even if Paddle Creative has been advised of the possibility of such damages.
18. Your Indemnification of Paddle Creative
18.1 You shall defend, indemnify and hold harmless Paddle Creative and its officers, directors, agents, owners, shareholders and employees from and against all claims, actions, proceedings, fees, costs, damages and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you or to any use by you of the Service or the Paddle Creative Website.
19. Modification
19.1 Paddle Creative may modify this Agreement from time to time. You will be notified of any changes to this Agreement through a prominent notice on the Paddle Creative Website or an email notice. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
20. Governing Law and Forum for Disputes
20.1 These Terms shall be governed by and construed by the laws of England and Wales.
21. Miscellaneous
21.1 If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
21.2 All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
21.3 This Agreement represents the entire understanding and agreement between you and Paddle Creative regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
22. Contact Us
22.1 If you have any questions or suggestions about our Terms and Conditions, please contact us at hello@paddlecreative.co.uk.
End of Terms of Service