Service Terms and Conditions
All clients must accept the service terms and conditions if they want the Blue Liquid Designs staff (the company who develops Gravity PDF) to provide custom development services.
Blue Liquid Designs will install the Gravity PDF software and ensure it is compatible with the customer’s web server. After which we will install the PDF template on the website and test that it is functioning as per the agreed upon specifications during the written or verbal communication with customer – including email, phone or VOIP.
Blue Liquid Designs does not include license keys for Gravity Forms or any of Gravity Forms’ Add-ons, and these need to be purchased by the client prior to using our services.
Unless specifically stated in the project scope, the client is responsible for building the Gravity Form(s) the PDF(s) are integrated with. The client will need to ensure the form captures all information needed for the PDF document. Failure to do so may delay the delivery date.
There are two options available regarding installation:
- Blue Liquid Designs will complete the installation on your WordPress website and verify everything is functioning as per the specifications we discussed (see section 1.0). For us to do this we require WordPress Administrator Credentials to your website. In some circumstances, (S)FTP access to your web server files might also be required to complete the installation.
- Blue Liquid Designs will provide the finalised package and installation instructions so you can install the software yourself. Note that without direct access to your website we can only provide limited support.
During installation we take the utmost care when working on your website. As each WordPress website is completely unique we will only upgrade Gravity PDF to the latest version (if needed) and install the Gravity PDF Developer Toolkit plugin (for Tier 2 PDFs) if required. No other plugins will be upgraded by our technical staff – including Gravity Forms.
Should we find server incompatibility issues with our software that we cannot resolve with the access credentials provided, we will provide you the details with how to fix the problem so you can relay them to your web hosting provider or IT staff.
A 50% deposit is required before the project begins – to be made via credit card or PayPal – with the remaining payment due upon completion of the project. The client has the right to withhold final payment if the agreed upon work has not been completed as per our written or verbal communication AND they have contacted us to correct the problem.
If the project has been deemed completed by Blue Liquid Designs, and the client has not communicated any faults to us, the payment will be due 15 days from the completion date.
Failure to make payment within 30 days of the completion date, with no communication to us regarding a fault or issue, will result in the following measures being taken against you:
- A Cease and Desist letter will be sent to you and the domain owner’s email address (taken from the public Whois record).
- Failure to comply with the Cease and Desist letter within seven (7) business days of receipt of the letter will result in a DMCA takedown being sent to your web hosting provider for copyright infringement (see Section 7.0 on copyright).
- If the amount is substantial enough a debt collector operating out of your local country will be hired to collect the payment you legally owe.
- If you continue to use our work without payment in full additional legal action for copyright infringement may be taken against you.
- You forfeit all warranty and support for the work, and will be blacklisted from all future purchases from Gravity PDF.
5.0 PROJECT COMPLETION
Once a customer has paid the final invoice the project is deemed completed by both parties. While we provide a limited liability for our work (see section 9.0), certain customer actions could cause issues with the PDF that aren’t covered under this warranty, and additional fees may apply.
These actions include, but are not limited to:
- A field assigned to the PDF from Gravity Forms is deleted by the customer.
- A select, multiselect, radio or checkbox field assigned to the PDF from Gravity Forms has its option value changed by the customer.
- Any tampering of the deliverables, which includes editing the PHP template or configuration file, or overriding a PDF that is imported (for Tier 2 PDFs)
6.0 SOFTWARE LICENSING
Gravity PDF is licensed under the GNU General Public License. Specifically GPLv2+.
Gravity PDF Developer Toolkit Plugin
Gravity PDF Developer Toolkit is licensed under the GNU General Public License. Specifically GPLv2+.
If we install this plugin (see section 3.0), we will also include a special Multisite License key (valid for 3 sites) to allow automatic updates for the plugin indefinitely. The license key does NOT include any support for the Gravity PDF Developer Toolkit plugin as a standalone product – see section 9.0.
The project deliverables remain the property of Blue Liquid Designs until the final payment has been made in full. Once the full payment is completed the ownership of the deliverables become the property of the customer.
8.0 TERMINATION OF AGREEMENTS AND REFUNDS POLICY
Both the customer and Blue Liquid Designs have the right to terminate this agreement for any reason, including the ending of services that are already under way. Any monies that have been paid to us in advance, which constitute payment in respect of the provision of unused Services, shall be refunded and Blue Liquid Designs reserves the right to determine the exact amount (if any).
9.0 LIMITATION OF LIABILITY
Blue Liquid Designs warrants that for a period of 1 year (365 days) after delivery the software will:
- Be free from defects in materials and workmanship under normal use, and
- Will perform in substantial accordance with the original project specifications and software documentation.
To the extent permitted by law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and Licensor disclaims any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether the Licensor knows or had reason to know of Licensee particular needs.
10.0 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of machinery or shortage or unavailability of services like power or internet, and the party shall be entitled to a reasonable extension of its obligations.
11.0 DISPUTE RESOLUTION
Both Blue Liquid Designs and the client shall, in good faith, endeavour to settle any dispute arising out of or relating to these terms and conditions, including its validity, the deliverables, exclusions, warranty coverage, refunds, or termination.
If the parties cannot resolve the issue within a reasonable period of time, both parties agree to non-binding mediation by a mutually-agreed upon third party who will review and provide recommendations to correct the issue(s).
12.0 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of New South Wales, Australia, and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
Last updated December 9, 2022