Definitions
– Agreement: Refers to the contract, proposal, terms and conditions, and all associated documents.
– Client Content: Any materials the client provides for the project, including text, images, or other assets.
– Deliverables: The scope of work defined in the agreement to be delivered by our team.
– Designer Tools: This includes all tools, software, fonts, applications, code, and any inventions created by our company along with non-copyrightable items like website structure, layout, navigation, and functionality.
– Final Deliverables: The completed versions of deliverables provided to the client.
– Project: The set of tasks to be completed as outlined in the mutual agreement.
– Services: All work carried out for the client as described in the proposal and agreement.
– Third-Party Materials: Includes resources like stock images or illustrations sourced externally for use in the project.
Development Services
We will provide all development work as outlined in the agreed proposal and tied to the specified project milestones.
Proposal / Scope of Work
Our proposals remain valid for 30 calendar days from the date of issue. After that period, we may revise the content and submit an updated version if needed.
Compensation
– Additional Costs: Costs such as domain hosting or licensing, which come from third-party vendors, will be billed separately.
– Expenses: All out-of-pocket expenses will be charged to the client at actual cost.
– Fees: The client pays all project-related fees and applicable taxes according to the project plan.
Payment
– Invoices: Payment is expected within 5 days from the invoice date. All expenses and additional charges will appear as separate line items.
– Payment Schedule: All payments must be made as outlined in the project timeline and milestone structure.
Changes to Project Scope
– Change Request: The client must describe any requested changes in writing. We will respond within 5 business days to outline adjustments in costs and timelines.
– Minor Changes: If a change impacts less than 20% of the total cost or is considered minor by our team, it will be billed at our standard hourly rate. Any related delays will be communicated. These costs are not limited by earlier pricing terms.
– Major Changes: If a change exceeds 20% of the project budget or is significant, a new proposal will be required. Work will pause until the new terms are approved and signed.
– Proposal Acceptance: Clients have 14 business days to approve a new proposal. If it is not approved, we are not obligated to continue with additional work.
Delays
– Client Delays: The client is expected to provide timely feedback, approvals, and materials. Any delay may shift future deadlines accordingly.
– Our Delays: If delays arise on our side, we will inform the client via email right away.
– Force Majeure: Events beyond the control of either party, like natural disasters, strikes, government actions, terrorism, or war, will not be seen as a breach of contract. All deadlines will be extended on a day-for-day basis.
Evaluation and Acceptance
– Testing: Before submitting any deliverables, we will apply widely accepted industry testing standards.
– Approval Period: The client has 7 business days to either approve or reject a deliverable. Rejections must include detailed written feedback. We will have 14 business days to make revisions, after which the client will get an additional 7 days to review the updated version.
Client Responsibilities
The client agrees to act in a timely and responsible way, especially regarding:
– Ensuring that any submitted content is ready for use without further modification unless previously agreed.
– Confirming that all content is proofread. Any corrections will be billed separately.
– Making third-party decisions within the agreed timeframe.
Accreditation and Promotion
– Attribution: Unless agreed otherwise, we reserve the right to place a hyperlink credit on completed project pages.
– Promotional Use: We may feature completed projects in our portfolio, marketing materials, and online platforms for promotional purposes.
– Publishing Acknowledgement: Neither party shall unreasonably deny the other the right to showcase their role in the project. This includes providing a backlink to each other’s websites.
Confidentiality
Information, regardless of patent or copyright status, shared and marked as confidential will be handled as such. Neither party will disclose confidential information to any external parties. Information is not deemed confidential if it was already known or shared without limitations by another source.
Relationships
– Agents: We may hire third-party service providers but remain fully responsible for the quality and completion of all deliverables.
– Exclusivity: We do not require exclusive partnerships. Both our team and the client may work with other service providers.
– Independent Status: We operate as an independent contractor and decide how deliverables will be produced. No employer-employee, agency, or partnership relationship is created. Our services are not “work made for hire” unless explicitly stated under applicable copyright law.
Liability
We are not responsible for any direct or indirect damages resulting from project execution. Our liability is strictly limited to the total amount paid by the client.
Rights for Work Produced
– License Grant: The client receives a non-exclusive, perpetual, global license to use the deliverables in the originally agreed format. Any changes, extractions, or derivative works require our written approval.
Support Services
– Warranty Coverage: We offer ongoing support to maintain and update deliverables under commercially reasonable terms, billed at our standard hourly rates. This support becomes void if a third party modifies any deliverables, and we take no further responsibility in such cases.
Changes to Terms
We reserve the full right to update these Terms and Conditions at any time. Continued use of our website or services confirms your agreement with the revised terms.