Last Updated: October 5th, 2024
This is a binding contract between all existing and new clients who wish to purchase a product and/or service from Toby Royal (tobyroyal.codes).
By being a client, you agree to the following terms and conditions or are allowed to enter into such a contract on behalf of the company you represent.
You can also view and download the PDF version of this document: See PDF Version
Notice as of October 5th, 2024: Toby Royal (tobyroyal.codes) is not a registered legal entity but operates as a sole proprietorship within Switzerland.
This contract covers the agreement between The Client, referred to as “You”, “The Client”, “Client” or “Customer” and Toby Royal (tobyroyal.codes), referred to as “The Company”, “We”, or “Us”.
The contract becomes applicable when both parties agree to a project, course of work, or The Client has purchased a service or product from The Company’s website.
This agreement is governed by Switzerland laws and procedures.
Should you wish to no longer maintain a contract with The Company, an email in writing must be sent to The Company explaining the situation as to why. The Company will have 30 (thirty) days to respond and close the contract. Please see the section “Closure and Cancellation” as to the relevant procedures taken.
For all products, payments are provided through a third-party platform known as “Stripe” (Stripe Inc). Your details are handled via Stripe and not by me, please read their privacy policy as to how they handle your data. The Company does not accept Cash or direct Bank Transfer as valid forms of payment.
In the event of project based work, such as services that require significant time and resources, an initial down payment is required by The Client before work can proceed. This is a non-refundable payment that does not get included in the final cost of the project. This will be invoiced to The Client shortly after a project is agreed upon between both parties.
Payments are subject to VAT in Switzerland and have an additional mandatory climate contribution fee of up to 1.5% of the total payment. These are included in any and all payments made, and are not additional fees.
Once an invoice has been issued, The Client has the right to reject or dispute the invoice within 48 (forty-eight) hours of receipt. Beyond this, payment will be expected from The Client by the due date of the invoice.
After paying the invoice, your details will be stored with Stripe, and can be used to automatically bill you in the event of subscriptions.
In the event of late payments, price increases can occur to the original invoice. You will be notified well in advance if you are approaching the due date or are overdue in payment. For overdue invoices, or late payments please see the section entitled: “Late Payment Terms”.
Should The Client wish to withdraw from an invoice due, please note that a cancellation fee can be applied. Please see the section “Closure and Cancellation” for further details.
This applies for all products and services or subscriptions where payments are due. Failure to pay within 30 (thirty) days of the initial invoice date will result in the following actions:
By default, all products and services purchased from The Company have a strict no refunds policy.
The Company will however reserve the right to issue refunds if a situation arises where a refund is applicable, such as a faulty product and / or service provided to The Client that both parties agree does not work. These are on a case-by-case basis, and will ultimately be decided by The Company if a refund should be issued.
In the event that a refund is to be issued, the original down payment is not to be refunded. This is a one-off fee for any product or service purchased from The Company.
By default, any products and or services are curated by The Company and therefore, all intellectual property is reserved for The Company. This includes, but is not strictly limited to: Source Code, Software, Design Files and/or Layouts, Mockups, Graphics or Documentation.
The Company retains the rights to the source code, design files and documentation even after a product and or service has been purchased. These cannot be bought out by The Client. The Client can however buy a monthly subscription to remove references to The Company on their final product.
It is strictly forbidden for The Client or any unauthorized third party to attempt to clone, copy, modify, alter, brute force or tamper with any of the intellectual property created or owned by The Company without explicit written permission.
The Client waives any intellectual property reservations so that The Company has full legal rights to utilize the resources provided to them for the purposes of creating the final product and/or service. By entering into this agreement, The Client must have the rights to be able to authorize this waiver.
The Client grants permission to The Company to use their logo and name to be displayed or showcased by The Company for any existing or future customers.
The Client guarantees that they own the rights or have permission to utilize any and all photos, documents, text, logos, and/or any other resources shared with The Company.
As a clarifying point, even after a product is completed The Company still retains all rights to the source code of the final product and this cannot be purchased by The Client unless it has been explicitly agreed upon before the start of a project.
In the event that some projects are considered secretive or require additional information from The Company, a discussion can occur before the start of a project.
The Company is okay to sign and agree to a Non-Disclosure Agreement between both parties should it be deemed necessary.
From The Company, we will do our best to meet deadlines set out by The Client. However, The Company will not be held responsible for missed deadlines if resources are missing or information is being retained from The Company before the due date or if The Client has not signed off or agreed upon the work completed at any stage in the project.
The Company will not be held responsible for any events that may result in unexpected downtime of a product or service. We will do our best however, to ensure that this does not happen.
The Company will inform The Client of any changes to their project, contract, agreements or billing with at least 24 hours prior notice before any action is to be taken.
The Client must provide The Company with any assets or essential information to carry out the project within the first 7 (seven) days of the project. The Client has an obligation to review all work submitted to them so that feedback can be shared with The Company.
Please note that near the end of a project, in the event that there are other technical requirements such as domain management changes being required, The Client should work with us as best as they can to ensure a smooth transition over.
It is essential that The Client understands the following processes, should it need to be exercised.
In the event that both parties mutually agree to part ways, The Company will remove any and all data they have about The Client, such as but not limited to: project source code, design files, documentation, and billing information. This will happen on an agreed upon date between both parties.
The Company reserves the right to force closure on The Client, without reason, should it feel the need to do so.
This also means that any infrastructure that we provided for projects will be shut down, deleted and destroyed. Any intellectual property rights waived to us will be reinstated, excluding the use of The Client’s logo and name, unless you wish to withdraw this as well.
Please note that when canceling, a mandatory cancellation fee will be applied to you. This fee can vary depending on the size of the project or which product or service was purchased.
This is a mandatory fee that must be paid within 30 (thirty) days of receiving confirmation from The Company about wishing to cancel.
By canceling, your account will be subjected to our closure policy stated above.
We thank you for choosing Toby Royal (tobyroyal.codes) as your provider for your project. If you have any questions, comments or concerns please contact us at:
[email protected]
By continuing to use our services, you agree to the terms and conditions listed above.
Amendment Policy
The Company reserves the right to amend this document at any time, without reason or notice to you.
© 2017 - 2025 Toby Royal (tobyroyal.codes). All rights reserved.
Toby Royal operates as a sole proprietorship in Switzerland, without registration • Client Terms & Conditions
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© 2017 - 2025 Toby Royal (tobyroyal.codes). All rights reserved.