We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong.
WHAT DO BOTH PARTIES AGREE TO DO?
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including content, images and other assets and information as and when we need it, and in the format that we ask for.
You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of these terms.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage, or if additional changes over and above the storyboard and content initially provided for this development is altered during the course of the development.
GETTING DOWN TO THE NITTY GRITTY
This agreement includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at an agreed hourly rate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimated/quoted prices we’ve discussed are based on the time that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, or even add new functionality, that won’t be a problem. However, such requests made after you’ve been provided an estimate will be considered out of scope. We will be happy to incorporate such requests at an additional agreed hourly rate, or we can discuss a separate project estimate.
PROJECTED TIME FRAME
We will work hard to complete all projects in a timely manner and will keep you in the loop throughout our project with status updates, answers to any of your questions, or maybe even with questions of our own in the process. However, a timely launch depends wholly on mutual cooperation in providing necessary assets, including content, images and other assets and information as and when needed, and in the format requested.
With timely reviews, feedback and sign-off approval, we’ll be able to meet our estimated time frame.
If you choose to cancel this agreement, we will retain your deposit and you may be required to make an additional payment to cover the work we have done on a given milestone, based on the percentage of the milestone completed.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in your designs are either owned by your good self, or that you have permission to use them.
All third party materials are the exclusive property of their respective owners. We shall inform you of all third party materials that may be required to perform the services or otherwise integrated into the final project.
Once final payment is received from you, you own the source files that we develop for your project. These files will be handed over to you upon completion of the project and payment of the final invoice.
We are sure you understand how important it is as a small business that you pay the invoices we send you promptly.
In all cases, our services require an initial non-refundable 50% deposit prior to the commencement of any work on your project.
If we have otherwise agreed upon another payment schedule or arrangement, you may refer to it.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
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.
You may not transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under the laws of the Commonwealth of Australia without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.