Terms & Conditions
By visiting our website, interacting with us and making use of our services you agree to follow these terms.
Table of Contents
3.2 Business Website
3.3 Website Retainer
3.6 Scope and Severity
3.8 Cancellation & Refunds
4.1 Applicable law
These terms and conditions form the legal framework of all our services and communications. The position of a sentence in this document does not imply its irrelevance to other topics.
Mononox.com is operated by Sven Tolle, Nicolaistr. 18, 28195 Bremen, Germany.
Any subcontractor and helping hand hired by us to work on the project or service.
Also: We, us, our
Users are all people visiting our website, requesting quotes, contacting us, accepting offers as well as placing orders and managing services. Depending on the kind of interaction you have with us, some or all may apply to you.
Relevant information is highlighted for these assumed user roles:
Visitors: Just browsing, no interaction
Contacts: Submitted forms, registered
Clients: Placed order
Also: You, your, yours
Your servers, websites and connected accounts as well as our own.
- Project solutions: Business Website, Mononox Migration
- Subscription solutions: Website Retainer, Online Consulting
- Custom development (As project or subscription)
All tasks (and schedules) we conduct to provide the solution you’ve ordered.
We do our best to keep our website updated but we can’t guarantee 100% accuracy at all times. We reserve the right to change details at any time.
Our website’s purpose is to present our services to (potential) clients and to allow them to get in touch with us or manage their accounts and orders. All other usage is discouraged and excluded from any liabilty.
Visitors looking to enquire about services are asked to use our contact or quote request form to describe their needs and apply for an account. We may approve or deny accounts at our discretion.
We conduct our services in good faith and are destined to provide fair conditions for our clients. We always have an open ear for concerns, questions, recommendations and of course any legal issues.
The details of Projects will be outlined in separate agreements, however these terms always apply and always take precedence if in doubt.
- Our office hours are Mo-Fr from 10am to 6pm CET (Berlin).
- Emergency support is available every day and night.
- Our services are intended for business clients only.
- We may refuse Projects without providing reasons.
- A pre-contractual relationship is established by making enquiries and submitting information to us.
- Contacts enter into a contract by accepting Quotes and making a deposit or by placing orders on our website directly. We reserve the right to reverse any transactions made though the website without prior consultation.
- Project/Delivery contracts end after the final payment has been made or at the time of delivery.
- We may terminate our services at any time for reasons of security or health of people and property.
- We may exit an established contract in cases where the nature, details and/or scope of the project changes without prior consultation of the Provider. Such consultation must include full technical specifications, detailed feature descriptions, changes in scope, usage or cause. All changes to such details require written confirmation from the Provider (paper or email).
By making your (full or final) payment, you accept the delivered product or service and declare it meets all of your requirements and was carried out to your full satisfaction.
- You may request quotes or estimates for products and services but we’re not obligated to do fulfil any such request.
- Quotes are always non-binding but price-bound for up to three months.
- A contractual relationship is entered upon accepting the quote in written form and making a deposit or full payment.
3.2 Business Website
After closing talks and submitting initial or final content to us we’ll start building your website to your exact specifications. You will have the chance to change minor details in a pre-launch revision but from that time forward, substantial changes are to be seen as new content creations and will be charged separately, according to the project pricing. Further details will be outlined in a separate project agreeement, however all website projects will follow the following life-cycle.
- Assessment (Quote, deposit)
- Content draft submission (optional)
- Live preview (First client revision)
- Final content submission
- Production (Full charge valid from this point)
- Revision (Final client revision)
- Approval (Second payment)
We will confirm every single phase completion with the client and only move forward upon green light. Moving back to earlier stages is never included in the project pricing and will be charged separately, according to said project’s pricing. We will always inform clients before any overcharges occur. The Client acknowledges that refusal of overcharges may result in an incomplete final product.
3.3 Website Retainer
We agree to conduct all administrative tasks required to maintain security, content, functionality and performance of the Client’s website. We will hold the website’s only admin account for the duration of this service. There are primary services, which form our cardinal obligations and secondary services, which are distributed to all Clients by our measure. Critical system support and contractual allowance are always available.
Primary services (Guaranteed availability)
Security – Monitoring and hardening, Firewall configuration, Malware scanning and removal, Restores
Updates – WordPress Core, Themes and Plugins, custom code, .htaccess, .user.ini
Backups – Daily file backups and twice-daily database backups (encrypted, off-site), 30 days history
Secondary services (Limited availability)
Consulting – Why? Because we have limited resources.
SEO – Why? Sometimes, waiting is required to measure results.
Content – Why? Content changes may fall behind emergencies.
During this service Clients agree to..
- Keep all information regarding the Systems and Services secure and confidential.
- Provide Website (S)FTP and Database access credentials as well as hosting support clearance at all times.
- Make no changes to the System without prior consultation of the Provider.
- Acknowledge the Provider reserves the right to make critically vulnerable or defunct custom or third-party software temporarily unavailable until a fix or suitable alternative has been found. There’s no way to predict the exact downtime.
- Cooperate with our administrators at all times (technical issues, usage).
Our Consulting is meant to be a long-term solution. While Clients may subscribe for any length desired, we’re highlighting the fact that certain results may take a while to become visible. Within the scope of the subscription, we do our best to provide you with relevant information and suggest to take reasonable actions, based on real-life events, industry standards and our own experience. However, depending to the complexity of the matter, there may be too many variables to predict exact results, so no full guarantee can be given for any predictions or estimates.
Consulting is included for Website and Retainer Clients. A separate Consulting Subscription can be activated by Clients without a WordPress website (that we manage). Each plan will grant a Client a certain amount of consulting tickets per month, which can be used for a single enquiry and a couple of successive questions for clarification. Consulting tickets are only valid for the current month. Unused tickets are not refundable.
- During migrations we’ll examine your existing WordPress Website and plan the required changes to manage it in our Website Retainer.
- You’ll be given the option to withdraw before we commence any changes and take over as admins.
- We may refuse migrations at our own discretion.
3.6 Scope and Severity
- Our Quotes and Fees are set for the agreed scope of the project and may change as you alter its details. You agree to update us about any changes in this regard and we reserve the right to follow along or leave the project upon changes in scope, design, functionality that substantially divert from the initial project’s brief or successive alterations.
- We may ask you to temporarily or permanently adjust your subscription levels, should there be a significant change of the service’s scope or workload.
- Throughout all of our services, we’re the ones to determine the severity of issues, completion times and other estimates related to our end of the deal.
- Usage rights for any material provided by us may be denied until full payment has been received.
- Subscriptions are based on a monthly term, renewed on the day of activation, every month, until cancelled.
- Client accounts can’t be overdrawn. We reserve the right to seize all services upon +30 days overdraft.
- We may attempt to recapture failed automatic charges until the payment succeeds.
- Clients shouldn’t switch Subsciption levels without speaking to us first.
Project payment methods:
Business Website – Credit Card, SEPA Direct Debit or SEPA Bank Transfer
Custom Development – Credit Card, SEPA Direct Debit or SEPA Bank Transfer
One-time Consulting – Credit Card, SEPA Direct Debit or SEPA Bank Transfer
Subscription payment methods:
Website Retainer – Credit Card or SEPA Direct Debit
Development Retainer – Credit Card or SEPA Direct Debit
Consulting Retainer – Credit Card or SEPA Direct Debit
3.8 Cancellation & Refunds
Projects: Websites, Custom Development or other one-off Services that need to be cancelled may be partially refundable. We’ll calculate the percentage of work left to completion and pay you back the amount if you’ve made a deposit or invoice the oustanding fees, due within 14 days. We will keep a minimum of 15% of the project’s budget for prep work and expenses. All refunds are issued within 30 days if there’s no reason to hold them back, such as in cases where we’re waiting for final numbers from a third party provider.
Subscriptions: Automatic renewal may be cancelled using the Client’s user account (instant) or by email (when confirmed). Once cancelled, the subscription will switch to pending cancellation until the current term runs out and then gets fully cancelled. Subscription fees are due upfront and cannot be refunded.
Website Retainers: Once the cancellation has been initiated, we will contact you within a couple of hours about your prefered time of shutdown or hand-over to you or a different Provider. We require up to 24 hours to process and hand over a website. All of our responsibilites and liabilites end at the time we send out the admin details.
We may give free premium tool licenses, obtained through mass licensing to Clients at our own discretion and limitation. In the event of the license issuers changing their generousity, our Clients may have to purchase these licenses at a short notice.
We hereby state to comply with all applicable laws, requirements and regulations regarding our services and their immediate and long-term effects. Our business insurance covers all details of our services and subcontractors.
4.1 Applicable law
These terms are based on the laws of Germany and the EU-GDPR regulations.
The statuatory seat is Bremen, Germany.
We provide our services to the best of our knowledge and abilities but we’re not free from fault. It’s important Clients understand that we cannot accept liability for things that aren’t in our power. (i.e. Third Parties, Nature, etc.)
- We accept full liability for damages to people or property, inflicted on purpose or by gross negligence.
- We don’t accept any life-and-death liabilites whatsoever.
- Contractual liabilty is accepted for foreseeable events only.
- All claims are to be made within widely accepted limits.
- Contractual claims cannot exceed the amount of fees paid.
All content (text, imagery, logos, brand names, source code) on and behind our website is subject to copyrights by its respective owners, which may be an outside party. Be advised not to copy, store or distribute any contents of this website for any purpose outside of the permitted usage.
“Mononox” is a registered trademark of Sven Tolle (Details).
We agree to keep all of your and your clients’s and user’s information private and we expect the same from you. This clause is a mutually binding, complete and permanent non-disclosure agreement. No personally identifyable or mission related, strategic or technical information is to be shared with any outside party or left unattended / exposed to unauthorised view. Exceptions require separate (written) agreements, signed by both parties.
We reserve the right to change this policy at any time and without prior notice. Our clients are asked to frequently revise this document to make sure it meets their regulations. Continued use implies full consent with these terms.