Terms and Conditions

Last updated: 27 July 2018

Summary

These terms and conditions are deemed to have been accepted when you click “I agree" and submit the application form (Clause 2).

All fees listed on the website include VAT.

Fees for customers in Vietnam are as stated in VND in these Terms & Conditions and the FAQ and on the Vietnamese language version of this site. (Clause 3)

The deposit payment as invoiced must be made in advance and is non-refundable unless GoLaunch cancels the service. (Clause 8 and 11)

The standard package initial fee provides use of a live 3-page website for 12 months to promote your restaurant. The layout is based on the GoLaunch template as available to view here. (Clause 4)

The website remains the property of GoLaunch. Your payment is a subscription giving you the rights to use the website to promote your restaurant. The initial payment covers the 12-month period, including site set-up. After this, additional 12-month subscriptions must be paid if the site is to remain live. (Clauses 4 to 6, 9, 10)

If payment is not made by the specified renewal date, or you choose to cancel the service, the site will be taken down by GoLaunch. You have the rights to have the domain name transferred to your name and to purchase the files for  within 3 months of the renewal of cancellation date. (Clauses 10 to 13)

GoLaunch retains the right to withdraw from the project if contents are not provided within 14 days of making the deposit payment or if our advice on the logo or photographs is not followed. (Clause 7)

GoLaunch cannot be held responsible for any downtime caused by problems with the hosting (Clause 17)

You have full responsibility for obtaining permission and rights to use any information or files that are copyrighted by a third party. You indemnify GoLaunch against any claims resulting from inappropriate use of content. (Clauses 19 and 20)

1  Terms & Conditions

The following terms and conditions apply to all website development / design services provided by GoLaunch (“GoLaunch”, “we”, “our”) to you (“the Client”, “you”, “your”).

2  Acceptance

It is not necessary for a Client to have signed an acceptance of these terms and conditions for these to apply. When you complete the application form and tick “I accept the terms and conditions” before submitting the form then you will be deemed to have satisfied yourself as to the terms applying and have accepted these terms and conditions in full. The form cannot be submitted without ticking this box.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

3 Fee conversions

GoLaunch is a foreign-owned company located in Vietnam but providing services globally. Rates are provided in US$ (US Dollars) and VND (Vietnamese dong). For customers in Vietnam, the VND rate as stated in the Terms & Conditions and FAQ and on the Vietnamese version of the website will apply. For customers in countries that use neither VND nor US$ the US$ rate will be converted into local currency on the date of application.

4 Deliverables

The standard package provides use of a live 3-page website for 12 months to promote your restaurant. The layout is based on the GoLaunch template as shown here.

The fee includes:

  • Writing an introduction in English or Vietnamese (up to 200 words) based on input provided in the application form. No additional research will be conducted by GoLaunch before writing the content and no information other than that provided by you in the application form will be included.
  • Copy proofing one menu in English or Vietnamese (up to 600 words). This includes checking for errors only in the copy provided by you. It does not include translation or writing new content.
  • Adding your copy, photos, logo, Facebook feed, Tripadvisor widget and Google Map to the GoLaunch template
  • Amending the colours and typeface on the template, using colours and fonts pre-selected by GoLaunch
  • Hosting for 12 months on GoLaunch server
  • Domain name registration for 12 months. The fee includes domain names that cost $19.99 or less per year and does not include premium or .vn extensions. If you require a .vn name or a premium name then you can purchase the domain yourself and change the nameservers to point to GoLaunch’s server.

No discount is applied to the standard package fee if any of the above is not required by the client.

The standard package fee does not include the following:

  • Logo design or re-drawing
  • Writing menu copy
  • Writing or adding more than one language
  • Photography sourcing
  • Online booking system, shopping or payment functionality

5 Ownership

The website remains the property of GoLaunch but will promote your restaurant on your chosen domain name (dependent upon availability). The photos and copy remain your property but you give GoLaunch the rights to use these on the website (Clause 19).

6 Commencement of the Agreement

The agreement, and the start of the 12-month period, starts from the date you submit the application form and tick the box to confirm that you agree to the terms and conditions. All renewal dates are calculated from that date.

7 Content Required by GoLaunch

At the start of the project, you must provide the following:

  • A completed application form including links to Facebook and Tripadvisor (if required)
  • Login details for control panel for domain name registrar (if already in existence)
  • Menu content including title, description and price in an editable text format such as Microsoft Word or Notes
  • Logo artwork as Illustrator file (.ai or .eps) or .png with transparent background and at least 500px wide at 72DPI. A flattened jpg is not suitable as it has a background colour.
  • At least four good quality photos – as judged by GoLaunch - supplied as jpgs of at least 1900px wide at 72DPI

7.1 Failure to provide required website content

GoLaunch will not start work on the project until all required information has been provided by the Client. If content is not provided by the Client within 14 days of the deposit payment and of follow-up email by GoLaunch, GoLaunch reserves the right to cancel the project and return the deposit to the Client less a US$50.00 / 1.100.00VND administration charge.

7.2 Failure to provide a suitable logo

If there is no logo, we will create a type only logo, without any symbols and graphics, for use on the site. This will be charged at an additional fee as stated in the FAQs. If this option is selected, we will provide two options for client selection. If neither is approved, we will refund the payment made to date and withdraw from the project.

If the logo supplied is poor quality, we can either re-draw the current logo for an additional fee (as stated in the FAQs) or design a type only logo as above.

If you do not approve the fee for re-drawing or designing the logo, we reserve the right to refuse the project.

7.3 Failure to provide suitable photos

If you do not provide at least four good quality photographs, we will provide guidelines for taking new photos or recommend that you commission new photography through GoLaunch or independently. If you do not provide suitable photos, we reserve the right to refuse the project. Quality and suitability is judged by GoLaunch and is non-debatable.

8 Fees and Payment

8.1 Standard package fee

The fee for the standard package is as stated on the website at the time of acceptance and will be confirmed in an email sent from GoLaunch to the client. By accepting these terms and conditions and making the advance payment as detailed in the invoice, you are deemed to have accepted this fee. The standard package fee may change from time to time.

8.2  Fee for additional services

Fees for any additional services are as stated on the GoLaunch website in the FAQs section. A summary of the additional fees will be sent to you via email after application and the deposit payment will be added to the invoice.

8.3  Payment

An advance (deposit) payment must be paid before work commences and will be requested by email with an invoice. This is 50 percent of the standard package fee and 50 percent for all additional services except photography, which must be paid in full at the start of the project. The remaining payment is due upon completion of the work, prior to upload to the server or release of materials. Payment is considered to have been made when it arrives in the bank account of GoLaunch.

Payment for services is due by bank transfer to a bank within Vietnam or the UK. Bank details will be made available on the invoice from GoLaunch. The Client is responsible for any fees incurred if the payment is made from an account outside of Vietnam or the UK. Altenraitvely, payment can be made via PayPal or Transferwise. Details upon application.

8.4  VAT invoice

For customers in Vietnam, a VAT invoice will be prepared at the end of the project and posted to the address provided by the Client. If the project is cancelled before launch, a VAT invoice will be prepared for the payment already made.

9 Continuation of Agreement

After the initial 12-month period (commencing at the start of the agreement), the website will remain live on the same domain for an annual fee of US$150.00 / 3.300.000VND. This fee will be payable for each additional 12-month period. If you have purchased the email account service from GoLaunch, the renewal fee will be payable at the same time. Email addresses will only remain active while your subscription with GoLaunch is live.

The fee is payable to GoLaunch in advance and will be invoiced 30 days before renewal. If payment is not made by the renewal date, the hosting and domain name will lapse and your site will no longer be live.

In case of a fee increase for renewal, GoLaunch will advise existing clients at least 60 days before renewal. The increase will not exceed 10% in any 12-month period.

10 Cancellation or Lapse of the Agreement by Client

10.1  Cancellation before launch

Termination of services by the Client before final payment has been made and the site is launched for any reason whatsoever must be requested in a written notice via email, sent to services@golaunch.site. Termination will be effective on receipt of such notice. GoLaunch will not do any further work on the website, you will not receive any website files or edited text and the site will not be launched. The deposit payment is non-refundable if the client terminates the service for whatever reason.

10.2  Cancellation or lapse at end of 12-month period

If you do not pay the renewal fee by the deadline, or decide not to continue with the service at the end of any 12-month period (the initial period or an extended period) GoLaunch will take down your website and it will no longer be live. See also 9.4.

GoLaunch will keep the website files for three (03) months from the date of renewal. If you want to purchase the files during this period you must notify GoLaunch by email and pay a fee of US$300.00 / 6.000.000VND. After payment, we will send you all the files and delete them from our server. If you do not request to purchase the files within the three (03) months, we will delete all files. GoLaunch is not responsible for any loss of data incurred due to the removal of the service.

10.3 Cancellation during a 12-month period

If you need your site to be removed (no longer live) during a 12-month period for which you have already paid (for example, if your restaurant closes) you can email services@golaunch.site and request that the site be removed. GoLaunch will action within 14 days of receipt. No additional fee is payable for this removal service. No refund is available if you cancel during a 12-month period. See also 9.4.

10.4 Cancellation or lapse of email accounts

If you have email accounts set up with GoLaunch, these will no longer be accessible if your account lapses or you cancel the account.

In either case, it is your responsibility to back-up your mailboxes from your local client, e.g. Outlook or Mac Mail. This must be done before your subscription lapeses or before making the request to delete your site or email accounts. GoLaunch can take no responsibility for loss of emails.

11 Cancellation by GoLaunch

If, for any reason, GoLaunch terminates the service before the site is live, you will be refunded in full but will not receive any files or other data or transfer of the domain name. No additional compensation will be paid. The limit of the refund is the amount paid to GoLaunch by you at the date of termination.

If, for any reason, GoLaunch terminates the service after the site is live, and during a period for which you have paid a subscription, we will transfer the domain name and the hosting to you and will provide full access to the back-end of WordPress without charge. You will then take full responsibility for managing renewals and updating the site and GoLaunch will take no further action and have no further responsibility. No refund will be made and no compensation will be paid.

12 Domain Name Transfer

At any time, if GoLaunch has purchased a domain name on your behalf and you want to transfer it to your name, the domain can be transferred for the standard transfer fee at the time plus an administration fee of US$20.00/440.000VND. This must be arranged and paid for in full before the domain renewal date.

The exception is as stated in Clause 10: if GoLaunch cancels after the site is live, the domain will be transferred to you without charge.

13 Purchase of Files

If you cancel the service or lapse renewal after launch, GoLaunch will keep the website files for three (03) months from the date of cancellation or lapse. If you want to purchase the files during this period you must pay a fee of US$300.00/6.000.000VND. After payment, GoLaunch will send you all the files and delete them from our server. If you do not request to purchase the files within the three (03) months, we will delete all files. GoLaunch is not responsible for any loss of data incurred due to the removal of the service.

14 Client Review

The website is based on a template that can be viewed here. You can choose colours and typeface in the Inputs form and will supply photos and a logo.

GoLaunch will provide you with an opportunity to review the appearance and content of the website once the first draft has been completed. At this stage, you can provide one request for amends by completing and returning a form. We will make amends to the colours and typeface only and not to any aspect of the layout, photographs or copy. If you need to change photographs or copy later, you can do this yourself following instructions provided by GoLaunch.

In case the site is in more than one language. You will review one language first. The other language site(s) will be developed once the first language has been approved. No changes can be made by GoLaunch to the additional language sites.

15 Turnaround Time

After you have supplied all inputs as required by GoLaunch (see Clause 6), the first draft of the website will be ready to view on a test site within 3 working days. Any amends requested by you (see Clause 13) will be implemented within 2 working days and the site will be installed and posted to your URL within 2 working days of your final payment reaching the GoLaunch bank account.

Working days refers to Monday to Friday and starts from the day after receipt of the inputs or payment.

16 Web Browsers

GoLaunch makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers. The Client agrees that GoLaunch cannot guarantee correct functionality with all browser software across different operating systems.

While you continue to pay a subscription, we will update the website as required so that it works with updated browser software.

17 Hosting and Internet

The website will be hosted on a shared server from a 3rd party provider in Singapore. GoLaunch cannot be held responsible for any downtime due to the 3rd party hosting provider. Neither does GoLaunch take any responsibility for national or global internet issues.

18 Default

After the final invoice has been sent to the you, we will send payment reminders to the supplied email address after 14 and 21 days if the invoice remains unpaid. If the invoice remains unpaid 30 days after the date of invoice will be considered in default. At this time, we will, at our discretion, remove all your material from our web space. GoLaunch is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve you of the obligation to pay any outstanding charges.

If, for any reason, GoLaunch terminates the service after the site is live, we will transfer the domain name and the hosting to you and will provide full access to the back-end of Wordprss without charge. You will then take full responsibility for managing renewals and updating the site and GoLaunch will take no further action and have no further responsibility. No refund will be made and no compensation will be paid.

19 Indemnity

All GoLaunch services may be used for lawful purposes only and must not include any content that is against Vietnamese law.

You agree to indemnify and hold us harmless from any claims resulting from your use of our service that damages you or any other party or is contrary to Vietnamese law.

20 Copyright

You retain the copyright to data, files and graphic logos provided by you, and grant GoLaunch the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting GoLaunch permission and rights for use of the same and agrees to indemnify and hold harmless GoLaunch from any and all claims resulting from your negligence or inability to obtain proper copyright permissions.

21 Design Credit

A credit and link to the GoLaunch website will appear in either small type or by a small graphic at the bottom of the website. If you request that the design credit be removed, a fee of US$100.00/2.200.000VND of the total service fee will be applied.

22 Post-Launch Changes by Client

GoLaunch cannot accept responsibility for any alterations caused by you or your suppliers once the site is live and Editor access has been provided. Such alterations include, but are not limited to additions, modifications or deletions.

23 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Vietnam. Both parties have obligations to implement properly and shall attempt to resolve any dispute arising from this Agreement by mutual discussion.

24 Liability

GoLaunch hereby excludes itself, its employees and or agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of GoLaunch to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.

25 Changes to Terms and Conditions

GoLaunch reserves the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

26 Contact Us

If you have any questions about these Terms, please contact us on services@golaunch.site