Terms and Conditions
terms and conditions
By using Platform Presence's services, you hereby certify that you are at least 18 years of age, have the legal capacity to agree to these terms and conditions and are bound by the following terms and conditions.
Platform Presence reserves the right to change the Terms and Conditions at any time without notice, and your continued use of Platform Presence services constitutes your consent to such changes.
1. DESCRIPTION OF SERVICES. Platform Presence will provide an ongoing set of online services as described on the signup page for each specific service.
This means…
We’ll provide the relevant service to you based on your subscription to our services.
2. LIMITATIONS OF SCOPE. Platform Presence will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.
This means…
We provide services in accordance with your subscription, and while we are flexible in response to certain requests to alter the scope of work, there are limitations beyond which additional charges may occur.
3. MANAGEMENT RESPONSIBILITY. Platform Presence will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. Platform Presence may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
This means…
We provide services in accordance with your subscription, but you are ultimately responsible for the success of your business, including compliance with any legal or regulatory requirements.
4. COPYRIGHT. All content produced by Platform Presence in accordance with Client’s subscription – including copywriting, graphic design, and WordPress code – is copyrighted by Platform Presence and shall remain the exclusive property of Platform Presence until Client has paid in full the agreed upon fee.
After the Client has paid in full, they may take possession of all content at anytime – including copywriting, graphic design, and WordPress code – to be used indefinitely by Client for their company website and/or other marketing collateral without infringement on Platform Presence’s copyrights. The usage will be restricted to the Client company only and Client does not have any rights to resell, license, or otherwise allow 3rd-party use of the content.
This means…
We retain the copyrights for anything we create or license in accordance with your Website Build Fee until you have paid in full for said fee. If you end your relationship with us, you may make use of the copyrighted material to promote your business, but you may not resell it or present it as your own service in any way.
5. LINK. Customer hereby acknowledges and agrees that Pronto shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of Pronto services for referral and marketing purposes.
This means…
We’re proud to have you as a customer, so we might recommend others to check out your website as well.
6. TERM/TERMINATION. Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Termination of this Agreement requires written or email notice delivered fourteen (14) days prior to the desired date of termination. A repeated failure to make payment by date due during any period gives Platform Presence the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by Platform Presence to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to Platform Presence’s Clients shall automatically terminate.
This means…
Payments for your services will be processed every month on your billing date. If you want to cancel your services with us, give us 14 days’ notice.
7. PAYMENT FOR SERVICES. Your “Billing Cycle Date” is the date on which you sign up for your service with Platform Presence.
For Website Design, Redesign and Search Engine Optimisation Services, Client will be charged a 50% deposit before work commences; Client final 50% payment will be due 30 days after commencement of work.
For Website Management and Social Media Management Services – Client will be charged a Monthly Recurring Fee, payable in advance, before work commences; your full Monthly Recurring Fee will be charged on your next Billing Cycle Date to continue the service.
For all Services with One-time Payments – Client will be charged the full amount upon signup.
Client will pay fees to Platform Presence for Services as described above in effect at the time of this agreement and for the license to use the Platform Presence web services, software and licensed content in conjunction with these services. Payment will be made by bank transfer, Paypal or mobile money transfer. Invoices will include monthly fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and transactions processed as described above. Platform Presence reserves the right to assess and collect late-payment charges of 2% per month on past due balances.
This means…
We’ll process payments for the services we provide to you, and send you regular invoices. Monthly recurring fees for Website Management and Social Media Management are payable in advance after you sign up.
8. MODIFICATIONS TO SERVICES AND PRICING. Platform Presence reserves the right to modify or discontinue, either temporarily or permanently, any part of our services at any time by posting updates to our website. We may redesign certain services because we think they would be better, or we may stop accepting new signups to a service.
Sometimes we change the pricing of our services. We usually exempt existing customers from those changes, but we may choose to change pricing for existing customers in certain situations. If we do, we will provide at least 30 days’ notice via your email address on record.
This means…
We might update or discontinue one of our services from time to time. If you’re already enrolled in a service that is changing, we’ll likely maintain your subscription so nothing changes for you. If we decide not to maintain your subscription, we’ll give you at least 30 days’ notice via email before implementing any changes.
9. WARRANTY. Platform Presence shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in Platform Presence’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and Platform Presence disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. Platform Presence does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall Platform Presence be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. Platform Presence shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
This means…
We’ll do our best to provide a professional, reliable and available service. We may occasionally experience interruptions in service, but we’ll do our best to avoid it, whether it’s our fault or not.
10. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of Platform Presence, Platform Presence’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by Platform Presence, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent month of base fees paid under this agreement. In any case, Platform Presence and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, Platform Presence shall have no liability to Client arising from or relating to any third party hardware, software, information or materials. Platform Presence is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though Platform Presence will attempt to prevent or minimise exposure to such risks.
This means…
We aren’t liable for any damages or losses incurred outside of particular circumstances, and we’ll try to prevent any damage to our systems and data.
11. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Platform Presence and its licensors arising from products or services related to this Agreement. Conversely, Platform Presence shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of Platform Presence.
This means…
We aren’t liable for any damages or losses incurred outside of particular circumstances, and we’ll try to prevent any damage to our systems and data.
12. GOVERNING LAW. Client agrees that these Terms and Conditions shall be treated as though they were executed and performed in Uganda and shall be governed by and construed in accordance with the laws of Uganda (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of Platform Presence services shall be brought solely in Uganda.
This means…
Our headquarters are in Uganda, so this agreement will be treated and governed under Uganda law.