Terms & Conditions
Definitions
Agreement – The complete collection of contractual documents that define the engagement between the client and the company, including contracts, proposals, these terms and conditions, and any attached documents.
Client Content – All materials provided by the client for use within the project, such as text, images, graphics, or other written or visual assets.
Deliverables – The work, outputs, or products that the company is obliged to provide according to the Agreement.
Designer Tools – Any tools, fonts, software, applications, source code, authoring systems, or other creations developed or used by the company, whether patentable or not, including design, architecture, navigation, layout, and functional components that are not subject to copyright.
Final Deliverables – The completed and approved version of any Deliverables delivered to the client.
Project – The scope of work to be completed in accordance with the Agreement between the client and the company.
Services – All services provided to the client as outlined in the Agreement and proposal.
Third Party Materials – External assets incorporated into the project, such as stock photography, illustrations, or other items sourced from third-party providers.
Development Services
The company will deliver all development services as outlined in the approved proposal and Agreement, according to the established milestones.
Proposal / Scope of Work
Proposals remain valid for 30 days from the date of receipt by the client. If not accepted within this period, the company may review, adjust, and resubmit the proposal for approval.
Compensation
Additional Costs – Costs related to third-party services, such as hosting, licenses, or subscriptions, will be billed separately from development fees.
Expenses – Any project-related expenses will be charged at actual cost.
Fees – All service fees and applicable taxes must be paid in accordance with the project plan.
Payment
Invoices – Payment is due within 5 days of receipt. All additional costs and expenses will be listed separately.
Payment Schedule – Payments shall follow the milestones and schedule defined in the project plan.
Changes to Project Scope
Change Requests – Any requested modifications must be provided in writing by the client. The company will respond within 5 working days, detailing any additional charges and adjustments to the project plan or timeline.
Minor Changes – Adjustments that account for less than 20% of the project cost or are considered minor by the company will be billed at standard hourly rates. Delivery timelines will be updated accordingly.
Major Changes – Changes exceeding 20% of the project cost or deemed major require a new or updated proposal. Work will only proceed once the revised proposal is agreed and signed.
Acceptance of Proposals – The client must approve proposals within 14 working days. If not approved, the company is not obligated to perform additional work.
Delays
Delays by the Client – The client is expected to provide approvals, information, and materials promptly. Any delays will result in equivalent extensions to project milestones.
Delays by the Company – The company will notify the client immediately if internal delays occur.
Delays by Others – Delays caused by external factors beyond either party’s control, such as labor disputes, government actions, natural disasters, acts of terrorism, or war, are not considered a breach and will extend timelines proportionally.
Evaluation and Acceptance
Testing – Deliverables will be tested using industry-standard and commercially reasonable methods prior to submission.
Approval Periods – The client has 7 working days to accept or reject deliverables. Rejections must include written justification. The company will then have 14 working days to address any issues. After corrections, the client has an additional 7 days to review the modified deliverables.
Client Responsibilities
The client must act reasonably and timely, including:
- Ensuring all submitted content is ready for use without additional work unless agreed otherwise.
- Verifying and proofreading all materials. The company may charge for corrections required due to client errors.
- Making decisions regarding third-party services promptly.
Accreditation and Promotion
Accreditation – The company reserves the right to place a credit link on project pages unless otherwise agreed.
Promotion – The company may feature deliverables in portfolios, galleries, websites, or promotional materials for recognition or advertising purposes.
Promotional Approval – Neither party shall unreasonably refuse permission to publish project involvement. Links to each party’s website should be provided where applicable.
Confidential Information
Both parties must treat confidential information, whether copyrighted, patented, or otherwise, as private. Confidential information may not be shared with third parties, unless already known or lawfully obtained from another source without restriction.
Relationships
Agents – If subcontractors are used, the company retains full responsibility for all affected deliverables.
Exclusivity – No exclusive contracts are required. Both the client and the company are free to engage other parties.
Independent Contractor – The company operates as an independent contractor. No employment, partnership, or joint venture is created. The client cannot bind the company or act on its behalf. Work produced is not considered “work for hire” unless explicitly stated.
Liability
All services are provided “as is.” The company is not liable for indirect or consequential damages. Maximum liability is limited to amounts paid by the client under the Agreement.
Rights for Work Produced
License – The client is granted a non-exclusive, perpetual, worldwide license to use deliverables as agreed. Modification, extraction, or derivation of additional works requires prior company approval.
Support Services
Warranty – Reasonable support for maintenance, updates, or corrections will be provided at standard hourly rates. Warranty is void if deliverables are modified by third parties.
Amendments
The company reserves the right to modify these Terms and Conditions at any time. Continued use of the website or services constitutes acceptance of any changes.