Terms & Conditions

By visiting our website, interacting with us and making use of our services you agree to follow these terms.

Table of Contents

1. Definitions

These terms and conditions form the legal framework of all our operations. Separate agreements have to be signed by both parties. The position of a sentence in this document does not imply its irrelevance to other topics.

1.1 Provider

This company and its website is operated by:

Mononox.com Sven Tolle
Bahnhofsplatz 42 / 6th Floor
28195 Bremen, Germany
VAT ID: DE315924033

T: +49 421 42763341
E: info@mononox.com

Our employees and subcontractors hired by us to work on the project or service.
Also: We, us, our

1.2 Users

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 notes 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

1.3 Systems

Your tools, servers, websites and connected accounts as well as our own.

1.4 Services

Delivery Contracts: Business Website, Company Intranet, Development, Consulting
Service Contracts: Service Retainer, Development, Consulting

All tasks and schedules we conduct to provide the product or service you’ve ordered as well as those we outsource.

2. Website Terms

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.

2.1 Usage

Our website’s purpose is to present our services to (potential) business clients and to allow them to get in touch with us. Existing clients can manage their accounts and verify approved contracts for each project and also access and download the contract scope statements.

All and any other usage is discouraged and excluded from any liability.

2.2 Client Accounts

Client accounts cannot be registered, they will be provided by us for one representative of your company. You may switch the representative at any time, within reason might we add.

Client Account details are not to be shared with anyone.

Accounts can be deleted by request of the current account holder or a higher ranking member of staff. Do so using the contact form or by emailing info@mononox.com.

3. Service Terms

We conduct our services in good faith and are destined to provide fair conditions for our clients and subcontractors. We always have an open ear for concerns, questions, recommendations and of course any legal issues. We adhere to current industry standards, recommendations and of course any legal requirements at all times.

The details of projects and services will be outlined in separate agreements. In any case the entirety of this document applies, regardless of other conditions, and always takes precedence if in doubt.

Our services are intended for business clients only.

3.1 Office and Support Hours

  • Our office hours are Mon-Fri from 10am to 6pm CET (Berlin).
  • Emergency support is available every day and night via support@mononox.com
  • Enquires of existing clients are taken care of on a same-day basis.
  • External enquiries may take up to 48h to respond to at peak times.

3.2 Contractual Definitions

  • A pre-contractual relationship is established by making enquiries and submitting information to us.
  • Contacts enter into a contract by accepting quotes in written form and by paying our initial invoice.
  • Project/Delivery contracts end after the final payment has been made or at the time of delivery.
  • Service/Retainer contracts end after the client has cancelled the subscription and the current term has run out.
  • We may terminate our services at any time for reasons of security or health of people and property.
  • We may exit an established contract at any time in cases where the nature, details and/or scope of the project changes significantly or when a considerable dissent between the client and us has emerged.
  • Our Privacy Policy (mononox.com/privacy) remains active indefinitely, regardless of the conditions of other agreements.

3.3 Subcontractors

We may, at any time and for any project, make use of additional service providers to fulfil our obligations to our clients and to optimise our systems and services. Any of such providers wil personally sign our subcontractor agreement and NDA protecting our client’s and our own interests or will provide sufficient paperwork on their own. We’ll always obtain permanent usage rights for the work provided by any third-party contractor.

3.4 Quotes

You may request quotes or estimates for projects and services by using our contact form or via email.
All quotes are non-binding. They remain price-bound for 90 days.

3.5 Contracts and Online Scope Statements

Every project or service contract between us (even signed ones) will have a digital scope statement that can be accessed and downloaded from within your user account on our website. The details of these statements ultimately dictate what services we agree to conduct for you and to what extend. There’s a defined base rate (hourly) at which we charge our services for that contract in fair 15min increments for all work intended to maintain the service. Work involving new content creation or drastic changes are subject to negotiation.

3.6 Website / Intranet Project

After closing talks and submitting initial or final content to us we’ll start building your website to our agreed specifications. You will have the chance to change minor details in a pre-launch revision but substantial changes are to be seen as new content creations and will be charged separately. Further details will be outlined in a separate project agreement. All website projects will adhere to the following life-cycle.

  1. Assessment
  2. Content draft submission (optional)
  3. Design preview (First client revision)
  4. Final content submission
  5. Production (Full charge due from here)
  6. Revision (Final client revision)
  7. Approval
  8. Delivery

We will confirm every step completion with the client and only move forward upon green light. Moving back to earlier stages is not included in the project pricing and will be charged separately. We will always inform clients before any overcharges occur. The client acknowledges that refusal of overcharges may result in an incomplete final product, especially if the scope has been changed since its initial setup.

3.7 Service Retainer

We agree to conduct all administrative tasks required to maintain security, content, functionality and performance of the client’s website or intranet. We do so without informing the client about our measures, schedules or tools used and there is no right to any such information, with the exception of all those that may fall under the GDPR regulations.

The primary services listed below form our cardinal obligations for the respective retainer. The secondary services are distributed between all of our clients by our measure, with no guarantee of availability at a given time.

Critical system support and contractual allowances are always available to the client. The scope statement for the site ultimately dictates the amount of work and time included and it always takes precedence over the following list.

3.7.1 Basic Retainer

Primary services (Guaranteed availability)
Security – Monitoring and hardening, Firewall configuration, Malware scanning and removal, Restores
Updates – WordPress Core, Themes and Plugins, .htaccess, .user.ini
Backups – Daily file backups and twice-daily database backups (encrypted, off-site), two weeks history

Secondary services (Limited availability)
Minor Content Updates – Why? Such changes may fall behind emergencies.

3.7.2 Advanced Retainer

Primary services (Guaranteed availability)
Security – Monitoring and hardening, Firewall configuration, Malware scanning and removal, Restores
Updates – WordPress Core, Themes and Plugins, .htaccess, .user.ini
Backups – Daily file backups and twice-daily database backups (encrypted, off-site), two weeks history

Secondary services (Limited availability)
Consulting / SEO – Why? Because we have limited resources and sometimes time is required to measure results.
Content Updates – Why? Such changes may fall behind emergencies. Book ahead for guaranteed availability.
Custom Code – Why? Code is tough to fix at times and may take longer to finish than expected.

3.7.3 Development Retainer

In this retainer, the client receives all from the advanced retainer plus exclusive time to further develop their project. This retainer can be (re)enabled at any time.

3.8 General Retainer Terms

Retainers are intended to keep the websites and intranets we build intact and to conduct certain technical changes to them, mainly in the form of security patches and updates. With the exclusion of a development retainer the addition of new content and features is never included in a retainer, unless specifically stated in its scope statement.

For security reasons, we will be holding the site’s only admin account for the entire duration of this service. Forcing us to hand it over will result in immediate service termination. Significant charges may occur depending on the amount of work caused by such request, especially considering at which day/time it occurs.

Both parties agree to keep all information regarding the contract, systems and services secure and confidential. Within the organisations of both parties this information is to be shared on a need-to-know basis.

Both parties agree to make no significant changes to the system without prior consultation of the other party.

The client provides (S)FTP credentials and server access as well as hosting support clearance at all times. Failure to comply may result in extensive site outages and overcharges.

The client agrees not to let any other party operate on the same system without our explicit approval. Failure to comply may result in immediate service termination and additional charges based on the amount of work and day/time of the request.

The client acknowledges that 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 and deployed. Due to the nature of this there’s no way to predict the exact downtime. We are always committed to fixing bugs of that magnitude with the utmost urgency.

The client agrees to cooperate with our administrators at all times and to instruct their employees to do the same.

The client will receive a monthly email report of all technical changes, updates, security scans, backups and uptime for every website or intranet maintained by us. No other reports are given. Should a client insist on a custom report being written, this can be done at a 200% base rate charge of that respective contract.

3.9 Consulting

Our Consulting is meant to be a long-term solution. Although clients may hire us for a one-off consultation or subscribe for any length desired, we’re highlighting the fact that certain results may take a while to become apparent. 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.

Further details of consultations will be outlined in separate agreements.

4. 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.

5. Payments

Every project and service we conduct will have a determined base rate at which we operate all tasks within the scope of that contract. We calculate this in 15 minute increments and charge overage accordingly. Certain scenarios allow us to charge a higher percentage of that base rate, namely:

  • 150% – For work fixing faulty, incomplete or missing content or data.
  • 200% – For work following missed content or data submission deadlines.
  • 300% – For work fixing what a client breaks despite having been instructed otherwise directly or by documentation.

For delivery contracts (projects), a 50% upfront charge is due opon acceptance of our quote. The second half is due upon delivery. Usage rights for any material provided by us may be denied until full payment has been received.

Service contracts (subscriptions) are based on a pre-paid monthly term, renewed on the day of activation, every month, until cancelled. Custom renewal terms are available by request.

Client accounts can’t be overdrawn. We reserve the right to seize all services upon +30 days overdraft.

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.

Mononox will always invoice and charge in Euro (EUR)

5.1 Payment Methods

We only accept SEPA bank transfers in Euro (EUR)
 

5.2 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 outstanding 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 (by an appoved contact) simply by emailing us or by using our contact form. 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 24 hours about your prefered time of shutdown or hand-over to you or a different provider. We require up to 48 hours to process and hand over a website. All of our responsibilities and liabilities end at the time we send out the admin details.

5.3 Active Licenses

We may give free premium tool licenses, obtained through mass-licensing to clients at our own discretion. In the event of the license issuers changing their generousity, our Clients may have to purchase these licenses at a short notice.

6. Legal

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.

6.1 Applicable law

These terms are based on the laws of Germany and the EU-GDPR regulations.

The statutory seat is Bremen, Germany.

6.2 Liability

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 liabilities whatsoever.
  • Contractual liability 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.
  • We’re not obligated to verify any material sent to us by our clients to be used on their websites, intranets or any other product violates other’s rights or laws. The client is solely responsible for their site’s content.
  • We’re not responsible for consequences resulting from client’s or their representative’s delayed submission of information or materials.
  • We will inform the client of any security breaches or other critical system failures without delay and we expect the same in return.

6.3 Copyrights

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 us or a third 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).

6.4 Non-disclosure

We agree to keep all of our client’s and their 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 identifiable or mission related, strategic, technical or financial information is to be shared with any outside party or left unattended / exposed to unauthorised view. Exceptions require separate agreements, signed by both parties. Mononox may advertise its own work and present all publicly available client websites through direct marketing channels without restriction. Momonox will never display the work on any of its public presences without obtaining permission from the client.

6.6 Changes

We reserve the right to change these terms at any time and without prior notice. Our clients are asked to periodically revise this document to make sure it meets their requirements. Continued use of our services implies full consent with these terms.

Last Update: January 19 2020