Terms and conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which GoWild Digital s.r.o. (“gowild.digital”) supply services to you. All terms are effective from the date of your electronic submission of order.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Amendment of Terms. gowild.digital may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. We will notify you by email 30 days in advance of any changes to our services. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are GoWild Digital s.r.o., a company registered in Slovakia. Our company registration number is 54147387 and our registered office is at Karpatské námestie 7770/10A, 831 06 Bratislava. Our registered VAT number is SK2121585026.
2.2 How to contact us. You can contact us via the contact methods mentioned at https://gowild.digital/ or at [email protected]
2.3 How we may contact you. If we have to contact you we will do so through your phone number or by writing to you at the email address you have provided to us. Please note we will never ask for your password. If you are unsure of the identity of a caller, please contact us directly.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been fulfilled. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.
3.2 If we cannot accept or fulfil your order. If we are unable to accept or fulfil your order, we will inform you of this and refund any money paid you have paid to us.
4. OUR PRODUCTS
4.1 One off website tasks We provide one-off website fixes and tasks. These fixes and tasks will be completed by our expert team for a fixed fee that is advertised on our website.
4.1.1 Maintenance fix. These bring websites back to their original working state. One-off maintenance fix examples include the following: Malware/Hack Cleanup, Fix PHP Errors, White Screen of Death, Dead Links, Update Core site along with Plugins and Theme.
4.1.2 Custom task. These include some form of proactive change or revision to a website. A one-off custom task includes the following: speed optimisation, adding a plug in, small visual adjustments, plugin configurations, website migrations, SEO audits.
4.1.3 Specific exclusions. The following work is explicitly excluded from the One off Website Task service: configuration of an external hosting environment, data entry, content writing, link building and closing SQL injection vulnerabilities present in custom code.
4.1.4 Individual fixed task request. Each individual website fix or task must be submitted as a separate task. If multiple tasks are submitted in a single submission we reserve the right to either reject the order or reassign each individual task or fix to separate orders. You will be charged for each individual website fix or task.
4.1.5 Time limit. We will normally provide you with a time frame for completion of the work at the time the order is placed and the details of the website fix or task are provided to us. Whilst we endeavour to complete any website fix within 24 hours of accepting the order, we offer no guarantee as to how long it will take us to complete the website fix. We will dedicate a reasonable amount of time required to complete the website fix. However, if we are unable to complete a fix within a reasonable amount of time we reserve the right to cancel your order and fully refund the fee paid for the fix.
4.1.6 Team member. Wherever possible we attempt to appoint a specific team member to complete a website fix. However, we work as a team and any team member may work on your website fix at any given time.
4.1.7 Incomplete website fix. There will be occasions where it is not possible to fix the problem, for example where the website is irretrievably broken or where features of your website are incompatible with other features or the hosting environment. Where we are of the reasonably held view that it will not be possible to complete a website fix regardless of the amount of time our experts spend, we will notify you of this and provide you with written confirmation setting out why it has not been possible to complete the website fix.
4.1.8 Best Effort Service. gowild.digital will use reasonable skill and care to complete any website fix or task. However, it is not possible to guarantee any website fix or task will be error free. Where errors arise you must notify us within 7 days. If the error is as a direct result of the work undertaken by us we will endeavour to resolve the error within a reasonable period of time. Where it is not possible to fix and error we will refund you for the task, and/or attempt to roll back our changes to a backup.
4.1.9 Completion of Fix. Tasks can be marked complete at any point. You will be informed in writing and you can re-open the task if required for up to 48 hours. If we do not hear from you on any task, regardless of state, within any 5 day period, your task will be automatically marked completed.
4.1.10 3rd Parties. gowild.digital is not responsible for any work done by third parties on your website, or for any software or plugins that are utilised by you. There may be occasions where actions by third party suppliers, such as website hosts, software and plugin developers, web browsers, email clients, domain name registrars or search engines, will affect gowild.digital’s ability to complete a fix or task. In the event of a third party interruption gowild.digital will not be liable for any delay in completing the fix or task. You will not be entitled to a refund in the event that we are unable to complete a website fix or task as a result of a third party’s action.
5. PROVIDING THE SERVICES
5.1 Service costs. The costs of the services will be as displayed to you on our website. We reserve the right to amend our costs at any time.
5.2 What will happen if you do not give required information to us. We need certain information from you to supply the services to you as stated in the sign up section for the services on our website. We may contact you to ask for further information or to check the information you have provided to us. If you do not give us this information within a reasonable period of time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.3 Full Access. You must provide us with full access to a website in order to work on a task. We cannot make changes via git, or by using SSH keys.
6. YOUR OBLIGATIONS UNDER THE CONTRACT
6.1 You are responsible for the content on your website. Customers are responsible for all scripts, data and other objects on their website.
6.2 You are responsible for backing up your website. Whilst we will endeavour to complete a backup of your website prior to undertaking any maintenance fix or custom task, you must ensure you have completed a full backup of your website prior to placing any one-off order with us. We do not guarantee that any backup we routinely undertake of your website will be successful. You should always keep your own local backup. When your contract with us is concluded we will not retain any backup of your site.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Ending your contract with us as for a One-off Website Task. You are not able to cancel your contract with us for One-off Website Task once your order has been submitted to our website and accepted by us. In in most circumstances we will commence work on your Website Task as soon as the order is submitted and costs will be incurred by us. Any request for a refund will be considered on a case by case basis. Refunds will be made at our absolute discretion. The contract ends with the completion of the task or with the refund.
7.2 Refunds of prepaid months. We offer a low cost service, with significant discounts available for prepayments. You will not be entitled to a refund of any monies paid once the service has commenced.
7.3 If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 3 business days of receipt and inform you whether a refund will be administered.
7.4 Processing of refunds. Any refund will be processed within 7 working days of receipt.
7.5 Exercising your right to change your mind. For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
8.HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. You can contact us via the contact methods mentioned at https://gowild.digital/ or at [email protected]
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1
we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
10. PRICE AND PAYMENT
10.1 Where to find the price for the service. The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. Where VAT is applicable (based on your location and the services you order) it shall be detailed on the order steps. However please see
Clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 Changes in the price. We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
10.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.5 When you must pay and how you must pay. We accept payment by most major credit and debit cards.. When you must pay depends on what product you are buying. You warrant that you are lawfully authorised to make payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
10.6 Payment due at time of order. You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in clause 7 above.
10.7 Invoices will be generated at the point of payment. Invoices will be sent to the email address provided by you in 3 business days.
10.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.3 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
11.4 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 Limit of liability. Our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
12.HOW WE MAY USE YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Slovak law and you can bring legal proceedings in respect of the products in the Slovakian courts.