Terms of Service

I.

Entities.

Les Roc is a startup of Onirico LLC and for the purpose of these terms and conditions Les Roc, Onirico, Onirico LLC all refer to the same entity. The 'Client' will be used to identify the end user of this agreement.

II.

Services & Scope

Les Roc provides an online service, meaning all interaction is designed to be online. Occasionally members from the Les Roc team will reach out by phone, if necessary to identify and/ or clarify needs.

When a client purchases a subscription to Les Roc you are purchasing time from a dedicated design team and not any specific products created from that time. Les Roc understands the subjectivity of design and for this reason these services are defined as unlimited or limitless. We do not charge per design created and therefore the client may request iteration after iteration of the same designs until they are content.

Every subscription payment is deemed as services rendered.

Les Roc's service does not include purchasing and management of domains nor does Les Roc promise high expectations of SEO results for websites.

Les Roc's go-to content management system is Webflow CMS. Les Roc may build on other content management systems based on the client's website design needs. Web hosting is an additional charge and not included with this service. Web hosting costs vary based the client's needs.

III.

Payments & billing.

Date of billing. Subscriptions are debited on the same date monthly - within 24 hours of the same date of signup. Payments for active subscribers happen on the same date every month unless the sign up date was on the 31st and the debit date falls on a month that does not have 31 days - then the debit will occur on the last business date of the month.

Cancellations. The client may cancel their subscription at anytime. Prior to cancellation we recommend the client have all files the client may need. These files will be accessible via a Team Folder that will be assigned to the client's company at the time of set up. Once a subscription has been cancelled, any files kept on Les Roc's server related to that subscription will be removed. When a subscription has been cancelled you will have access to the service until the end of you current payment period.

Past due subscriptions. If a subscription becomes past due, any pending projects and revisions will be paused until the subscription has been reactivated by a successful debit.

Declining Payments. If your subscription payment becomes past due, the debit attempts will happen intermittently until the subscription payment attempt is successful or cancelled. Once the overdue payment is successful the debit will continue as normal on the same date as the initial signup.

If you don't use it you lose it. Payments are recurring regardless of how much or how little the client uses the service. Similar to an unlimited phone plan, usage is not metered.

Pausing of subscriptions. Les Roc does not offer pausing of subscriptions. The client will be able to cancel and opt in to a data retention period where Les Roc will not delete your Team Folder nor the files within it for certain period providing access to those files. At any point in time the client may renew the service once again.

Les Roc is not liable for a client who is unable to stop any recurring payments, the client is more than welcome to continue utilizing our services as long as there is no harm done to the staff, team, or other clients.

IV.

Communications.

Response Time. Les Roc's goal is to deliver a response to clients within 24 business hours or as soon as possible.

Requests outside business hours. Any requests sent by clients will be commenced within 24 hours of receipt, during the business hours of 9:00AM and 6:00PM (excluding weekends or public holidays). Meaning anything sent outside of the aforementioned business hours will not be attended to until the following business day. Meaning, officially the job request was received on the next business day.

Communication channels. Slack is our preferred method of communication for any and all matters including tasks. Directly emailing a Slack channel is possible and must be requested by the client to their lead dedicated designer.

Phone Support. Les Roc does not offer phone support as this does not fit into our efficiency model. However, a lead designer may organize an online discussions and/or arrange a phone if required at any particular moment.

Holiday. We observe US National Holidays as well as close up the platform for two weeks between the end of the year and the new year. A schedule of observed holidays will be released yearly and announced at least 30 days in advance.

V.

Timelines.

Revisions and additional concepts: The client may have as many revisions as they'd like until they are satisfied with the work. It's important to understand, that as long as revisions are being made, the time-frame of having an end digital product is stretched out.

Typical Turnaround Times:

Initial design concept: 2-4 business days for the majority of tasks
Design revision: 1-2 business days
Website Home Page concept: 3-5 business days
Internal webpage concepts: 2-3 business days
Content management system integration: 5-7 business days (varies according to # of pages)
Minor web revisions (e.g. content): 1-2 business days
Structural web revisions (e.g. layout change): 3-4 business days

All the time-frames mentioned above are approximates. We can be quicker or some complex tasks will take longer, which we’ll be sure to communicate to you!

Tweaks on existing websites. Les Roc does not update existing websites unless they have been built on Webflow CMS. Les Roc does offer to rebuild most websites on Webflow CMS or build from scratch, if necessary

Cooperation. This is a joint relationship with an equal share of responsibility. The more responsive the client is, and the more cooperative the client is, the faster things may move forward. Les Roc takes zero responsibility of incomplete work that lacks the client's input or approval to be completed. Les Roc will do its part to follow up with the client if information is necessary for Les Roc to start or complete and work or task.

VI.

Account Abuse.

Abuse or disrespectful language. If a client becomes disrespectful or abusive at any point in time, their communications will be ignored and will halt work on any active tasks. The client’s subscription may also be cancelled at any point in time, if we feel the client is failing to understand particular circumstances; abusing us for their domain name expiring when it's not our responsibility; having the content management system they have chosen to utilize get hacked; plugins no longer working due to the CMS updates. We're happy to work with all understanding clients through any challenges as long as it's done in a respectful manner, we do not work for you ... we work with you.

Harrassment. It will be found to be harassment if the client is found to be contacting any of Les Roc's staff members via their personal social media profiles without their permission. If this occurs we will remove your subscription and discontinue any ongoing work and delete any files of yours that we have on our server.

Suspected illegal activity / unethical use of our services.
If we find out you're using our services for something we think is unethical we may stop any tasks / jobs that you have pending, and withhold any files that we feel could be used for any illegal or malicious intent. In this scenario we would pause your membership until further notice or confirmation that your activity is not breaking the law in any way.

VII.

Platform.

Les Roc currently utilizes a suite of third party tools to work effectively and efficiently. These tools include Slack, Dropbox, and Paperform.

Les Roc does intend to move from these services into building its own platform within the next year.

VIII.

Ownership.

The client receives a license in perpetuity of any work created for them during the time of any paid time of service. With this license the client is able to share, alter, use to full extent the work. The client may not resell the design as is its own as an agency reselling to another end-user. If the client is an agency and would like to retain full ownership of work to do so, please reach out to crew@lesroc.com

The client will provide all content/copy to be used in the work created. The client agrees that any material provided to Les Roc are proofed and approved to be used in the client's designs and are not owned or trademarked by a different entity.

The client is responsible that any materials provided can be legally used in Les Roc's designs. Les Roc is not liable for the materials the client provide as it pertains to license or trademark issues and the client represent to Les Roc that all materials provided do not infringe on the intellectual property rights of third parties. The client agrees to indemnify, defend, and hold harmless Les Roc and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

IIX.

Limitations & Liability.

IN NO EVENT SHALL LES ROC OR ITS SUPPLIERS/PARTNERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON LES ROC’S INTERNET SITE, EVEN IF LES ROC OR A LES ROC AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF LES ROC UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

IX.

Disclaimer.

THE MATERIALS ON LES ROC’S WEBSITE ARE PROVIDED “AS IS”. LES ROC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, LES ROC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

X.

Confidentiality.

Les Roc upholds confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

XI.

Governing Law.

Les Roc is a division of Onirico LLC and for the purpose of these terms and conditions Les Roc, Onirico, Onirico LLC all mean the same entity. The 'Client' will be used to identify the end user of this agreement.

XII.

Privacy Policy.

Your privacy is important to us. It is Les Roc (an Onirico LLC startup)'s policy to respect your privacy regarding any information we may collect from you across our website, http://lesroc.com, and other sites we own and operate. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. We don’t share any personally identifying information publicly or with third-parties, except when required to by law. Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies. You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services. Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us at crew@lesroc.com. This policy is effective as of 1 January 2019.

XIII.

Last Reviewed.

January 4th 2018.