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 (“You”) is hiring us Colored Byte (“We or Us”) to:
- Set Up an Klaviyo system, with flows and automations
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
All the design work is based within the capabilities of the Klaviyo platform.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Text Content & Copywriting
For this package, we provide professional copywriting and editing services within the flows and automations agreed in this contract. Besides the creation and presentation of those, we also include 1 round of revision for those materials. After that all support is done within a Growth/Support service hourly.
Graphics and Photography
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we will use stock photos from free to use websites.
Unless agreed separately, we’re not responsible for creating illustrations or 3D renders and animations for your site. If there is any request to have those we are happy to help, but a new quote needs to be created.
There is no custom code, only the use of the capabilities of the Klaviyo platform is in scope within this package.
Changes, Revisions and Feedback
We don't want to limit your ability to change your mind. With the Klaviyo Setup package, we offer 1 round of revision for design and content.
If you want to add anything new after those revisions, we can do that by quoting separately.
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.
Deadlines, Delays, Pausing and Terminations
Because we work with multiple businesses at the same time, we need to follow a strict timeline. This is true for us the Agency and You as a Client. Delays on your end can harm not only our agency but other projects as well so we take it very seriously.
With the Klaviyo Setup, we will provide strategy and email designs to be approved, before implementation. For that, we give you 2-3 business days. For the feedback round we give you 3 business days, but in case our schedule will fall into weekends, you will have 5 total days.
If you fail to meet deadlines, your project can fall into these scenarios:
Delayed: If you missed a deadline and we haven't heard back for another 48h. This affects the timeline but it is nothing major.
Paused: You project is already delayed and we haven't heard back in 72h (5 days after missing initial deadline). This opens a slot in our schedule to take on another project in your place. To resume work you need to pay a $500 fee and the project will get a new timeline according to the availability of our project managers.
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 (that is a 3 week delay on a 4 week project);
You become disruptive or difficult to work with;
You fail to follow the process guidelines; or
You disrespect members of our team.
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.
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.
Klaviyo Account Setup
Basic List and Segmentations
2x Pop designs
4x Klaviyo Automated Flows
- Up to 20x custom emails designs
- Up to 20x custom email copywriting
1x Round of Revision for Email Design & Copywriting
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.