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.
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
If we need to create, edit or touch text content the hours spent count towards the hours purchased.
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 the hours spent will count towards the balance.
Webflow, Shopify, Tools and App Purchases
We will help you choose the right templates, apps and tools for your business but unless agreed separately, those are purchased and maintained by you.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. Since we use a theme we limit ourselves to its specific capability and any extra tweaks that require code will be done either by the theme support team or by us in the Growth/Support phase.
We still test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Mozilla Firefox.
Project Management & Quality Assurance
Project Managers are essential to the external and internal communication of the project. For that reason all calls with clients and time spent managing the project count towards the balance.
Quality Assurance is a step needed with everything custom we build. Hours spent to ensure quality will also count towards the balance.
Project Manager Availability
For all Ongoing Support projects, Project Managers will reply within 1-2 business days of your requests.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. We do however, transfer the website to your Shopify Account so you are in charge of paying any monthly fee necessary to maintain the website live. All support is done hourly and counts towards the balance.
Search engine Optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. We do work with partners to add SEO optimization as an add on as a separate service.
Changes, Revisions and Feedback
You can change your mind, have revision rounds and always give feedback to us. For all work done in revisions those also count towards the balance. Unless agreed differently, we can consider these contract details for additional hours purchased later on into the project.
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.
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.
Hours worked per month, for 3 months.
Usage & Rollovers
For Ongoing Support projects, your hours can be used within a month with a possible rollover of 5 hours for the next. If we reach the agreed set of hours for that month, you can always purchase more hours and add to the current package. Unless agreed differently, we can consider these contract details for additional hours purchased later into the project.
As far as usage, the hours purchased will be used within the 30 days of the kick off-date. As much as we try to get done with hours incredibly fast, we can't guarantee they can be done faster than a month.
Every meeting and time spent researching solutions, with you or internally, will count towards the balance.
For Ongoing Support projects, the first month is paid upfront and the following months will be automatically charged on the same day of the initial payment, as detailed on SamCart.
You agree to pay all charges associated with transfers fees.
If needed, we issue invoices electronically. All proposals are quoted in US dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.
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.
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.