Terms and Conditions
Back to homeGlossary of terms
Service plans – refers to any service plans, such as management plans, offered by Atelier Palomar on a periodic fee basis for developing, maintaining, managing or deploying websites or other software or services.
Hosting plans – refers to plans offered by Atelier Palomar for hosting websites on Atelier Palomar’s servers on a periodic fee basis.
Third-party software and services – any software or service developed or provided by another individual or company, other than Atelier Palomar, including but not limited to: themes, plug-ins, cloud services, email services, antivirus, and firewalls.
Agency or multi-site licence(s) – licences to third-party software that permit the use of the software on multiple websites.
Malware – includes but is not limited to: viruses, spyware, ransomware, trojan horses, worms, unsolicited adware, rootkits, backdoors and keyloggers, or any software that is used or intended to be used to invade or take control of computers, electronic devices, servers or cause those devices or software to behave in unexpected or unintended ways or to steal credentials, personal information or any data that is not intended to be distributed.
Bug – any defect in the appearance or operation of a website or software that prevents it from appearing or operating as intended.
Uptime – the period of time for which a server is considered available and serving content as intended on the internet.
Minimum number of payments – the minimum number of payments that a client will be liable to pay.
Fixed price period – a period of time for which payments will remain at a fixed price.
Whole website fee – a fee the client is responsible for paying to develop an entire website that is not part of a periodic fee payment schedule.
Periodic fee – a fee the client is responsible for paying each period of time, for example monthly or yearly.
Website content
If Atelier Palomar is not contracted to manage the content of a website, the client is responsible for maintaining the website and server it is hosted on, free of any illegal content and malware, including any content or malware that may be uploaded by any other person or uploaded by third-party software or bots.
If the client becomes aware of any illegal content or malware on their website the client must inform Atelier Palomar immediately.
If the client does not remove illegal content or malware within 3 days after becoming aware of its existence, Atelier Palomar will take all necessary measures to remove the content or malware from the website which may include removing the website from the internet and shutting down the server or servers until the content has been removed.
Atelier Palomar reserves the right to remove any website or content hosted on Atelier Palomar’s servers that Atelier Palomar considers harmful, discriminatory, inciting violence, or abusive to any person whatsoever, without notification to the website’s owner and cancel any contract in relation to websites containing such content without refund for any amount paid.
Third-party software and services
Atelier Palomar may use third-party software or services in the development, maintenance and deployment of the client’s website, the use of which is covered under an Agency licence belonging to Atelier Palomar.
The use of Agency licences owned by Atelier Palomar on any client site will only be for as long as the client retains a service plan or hosting plan with Atelier Palomar and Atelier Palomar has granted the client permission to use the Agency licence on the client’s site.
Atelier Palomar will only include third-party software or services that require an additional paid licence with the client’s permission, with the exception of software or services covered under an Agency licence owned by Atelier Palomar.
If for any reason the individual or company that develops, owns or manages third-party software or services that are used on a website deployed on Atelier Palomar’s servers or its use is offered in a contract, goes out of business, ceases to maintain the software or service, fails to update the software in a suitable time frame as deemed appropriate by Atelier Palomar, Atelier Palomar reserves the right to remove the software or service from its servers and revoke its inclusion in any contact.
The cost of licences to third-party software or services additional to those that are provided by Agency licences owned by Atelier Palomar are to be paid in full by the client or will be added to invoices from Atelier Palomar to be paid by the client.
Any licence to third-party software or services that made available through Atelier Palomar’s service providers or as part of any agreement Atelier Palomar may have with another company or individual is only made available to clients as long as Atelier Palomar has the right to offer the licence to clients and all conditions under which the licence is made available are met.
If the client does not want any particular third-party software or service being included in their website, the client must inform Atelier Palomar in writing.
If the client does not want to use third-party software or service whose purpose is to enhance the security of the website or Atelier Palomar’s servers, Atelier Palomar reserves the right to cancel any contract that pertains to the website or server and remove the website and shut down the server.
The client agrees not to hold Atelier Palomar liable for any loss of business or loss of profits incurred due to the failure of third-party software or services, including but not limited to the loss of internet connectivity to servers, bugs, email outages, or other services or software that are used in the development, maintenance and delivery of websites.
The use of any third-party software or service by a client must be in accordance with the terms and conditions of the software or service provider.
Service plan time quotas
Service plans have a quota, a maximum amount of time Atelier Palomar will spend working for the client on the project which will be specified in the service plan contract.
After Atelier Palomar has fulfilled the quota for the stated time period in a service plan, any additional work will be billed at Atelier Palomar’s current hourly rate with any discounts that have been granted as a benefit of their service plan applied.
If the cost of a creation of a new website is included in a service plan agreement then time spent creating the website will apply to the quota, but additional time above the quota spent creating the website prior to the website’s deployment on servers will not be billed. After the website has been deployed the monthly quota limits will apply.
Quotas only apply to the time period for which the invoice covers and expire at the end of the time period regardless of whether the quota has been fulfilled by Atelier Palomar.
Payment of invoices
Unless otherwise agreed upon in writing from Atelier Palomar, all invoices for periodic fees must be paid in advance, no later than the day they are due.
Any periods for which fees will remain at a fixed price will be stated in the contract or in writing from Atelier Palomar.
Unless otherwise agreed in writing, after a fixed price period has ended, Atelier Palomar’s current pricing will apply to any service plan or hosting plan that the fixed price period relates to.
If after a fixed price period has ended for a client’s service plan or hosting plan, or for any other services offered by Atelier Palomar and the same service plan, hosting plan or services are not available or offered anymore by Atelier Palomar, the client’s fee and services will be moved to the most similar plan offered by Atelier Palomar or the Atelier Palomar will negotiate with the client an appropriate service plan, hosting plan or service to replace the existing one..
Unless otherwise agreed upon in writing, invoices for the development of entire websites not included as a part of a service plan, hosting plan or with a periodic payment schedule must be paid in advance.
Failure to pay invoices by the due date will result in any servers rented by the client to be shut down or suspended until all outstanding invoices have been paid in full.
In the event of the a server being shutdown due to the non-payment of invoices the client forfeits any right to ownership of the data on the servers.
The client agrees not to hold Atelier Palomar responsible for any loss of business or loss of profits associated with any loss of data due to the shutdown servers resulting from failure of the client to pay invoices before their due date.
Uptime and Uptime Monitoring
Atelier Palomar makes no guarantees whatsoever about the availability or duration of uptime of its servers.
Uptime monitoring provided by Atelier Palomar provides alerts to the availability or status of its servers but does guarantee any minimum time in which the loss of uptime will be reduced to.
The client agrees not to hold Atelier Palomar responsible for any loss of business due to the unavailability of its servers due to any cause whatsoever.
Cancellation of contracts
A client may cancel a contract at any time in writing, but the client will be liable to pay any outstanding invoices in full and the client will be liable to pay the total amount of any remaining invoices to cover the minimum number of payments in a contract.
The total amount of outstanding invoices and remaining invoices in the minimum number of payments must be paid within 14 days upon cancelling a contract.
After the minimum number of payments in a contract has been fulfilled and each payment has been made in full the client’s services will be provided on a rolling periodic term basis and billed monthly for the services or at another time interval agreed upon between the client and Atelier Palomar.
If the minimum number of payments in a contract has been fulfilled and each payment has been made in full then a client may cancel a contract at any time in writing and the services offered in the contract will cease at the end of the period covered in the last invoice that has been paid in full.
If a client cancels a contract for a website that is not included as a part of a service plan, hosting plan or with a periodic payment schedule and has paid the cost of the website in advance, the amount paid is non-refundable.
A client is responsible for ensuring they have downloaded a copy of any data they wish to retain from Atelier Palomar’s servers prior to cancelling a contract.
When a contract is cancelled Atelier Palomar will delete all data from the server except for any data that is required to be kept by law or is deemed necessary to continue the secure operation of Atelier Palomar’s services.
The client agrees not to hold Atelier Palomar responsible for any loss of business or loss of profits associated with any loss of data due to the deletion of data from a server after a contract has been cancelled.
Dispute resolution
The client agrees to attempt to resolve any disputes by negotiation between Atelier Palomar and the client.
Installation of software or services by the client
No malware may be installed or hosted on Atelier Palomar’s servers or distributed in any form using Atelier Palomar’s servers.
If the client chooses to install or operate any third-party software or service on Atelier Palomar’s servers or as part of any system or website deployed on our servers, or uses any software or service to interact with any system or service on Atelier Palomar’s servers, that third-party software or service must have been obtained legally and be free from malware.
Any ‘nulled’ third-party software is not permitted to be installed on any website hosted on Atelier Palomar’s servers, or hosted or distributed from Atelier Palomar’s servers.
The client agrees that any third-party software or service that is discovered to have security vulnerabilities or to have been infected with malware may be removed immediately from any server, website or system operated or maintained by Atelier Palomar and without notification to the client, regardless of whether the third-party software or service is critical to the operation of the client’s website, systems or services.