Discovery

Summary

We’ll always do our best to meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret.

What we do want is what’s best for both parties, now and in the future.


So in short;

(“You”) are hiring us Colored Byte (“We or Us”) to:



  • Go through a information gathering and strategy call, in order to scope a project



Of course it’s a little more complicated, but we’ll get to that.


What Do Both Parties Agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.


Getting Down to the Nitty Gritty

Discovery

Discovery is a series of video/audio calls where we will together understand all requirements of the project to map the website structure and the objectives of each page so that we can fully capture the expectation to move forward with the next phase: Design.



After the design phase is estimated, we'll deduct the cost of Discovery from the final Design investment.

Discovery Timeline

The timeline of the project can vary due to the schedule of all parties expected to be in the calls. It should take about one week, from the first call booked into the delivery of the design estimation.


Changes, Revisions and Feedback

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of hours that we estimate to accomplish everything outlined in this document, but we’re happy to be flexible.

If you want to change your mind or add more steps into ou process, we will charge separately.


Delays, Pausing and Terminations

We reserve the right to pause your project and charge a late revision fee of $75 per day if we are unable to contact you or don’t hear from you within 72 hours of sending a feedback request or trying to communicate. If we don’t hear from you in 2 weeks, you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.



We are committed to providing you and our team a positive experience. Thus, Colored Byte may, at its sole discretion, terminate this contract if any of the following are true with reasonable notice to you and an opportunity to cure:

Your project is Paused for 2 weeks;You become disruptive or difficult to work with;You fail to follow the process guidelines; orYou disrespect members of our team.


Legal Stuff

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.


Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.


Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.



First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:



You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.


Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Deliverables

1-2 Discovery Calls

1 Presentation Call

Refund Policy

Since we have limited availability to take on new clients, working with you means we can't work with someone else. After onboarding and the initial call with the project manager we consider the project started and offer no refunds.


Payment Schedule

We’re sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick paying us in time.

All proposals are quoted in US dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds.

We reserve the right to charge interest on all overdue debts at the rate of 5% of total project per month or part of a month.