(All project proposals and quotes are good for 1 month)
Schedule and Project Duration
All projects are required to be completed within 6 months of the contract date unless otherwise agreed upon between client and BDD. If the project extends past 6 months due to client absence or failure to provide required materials for completion, the balance of the contract agreement becomes due. The project may be re-quoted after 6 months should the client wish to continue at which time a progress payment would be due.
Materials & Information
Client will provide all content, artwork, photos, product images, etc., necessary for any web site or print project. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for BDD to perform or complete the contracted project.
Client Responsibilities
Client understands that BDD is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from BDD in a timely manner. Client understands that BDD is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or last minute communication on the part of Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
Updates and Modifications
After initial project construction, content and graphics updates to the project (if needed) are performed at the agreed upon hourly rate, billed in 15-minute increments.
Schedule and Payment
A deposit is always required up front before any work begins. The amount of this will be mutually agreed upon. If the project is hourly, I bill every month and expect prompt payment.
Expenses
Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to, hosting, domain name registration, mileage, payments made to vendors, and shipping and handling costs. On-site visits will be billed for meeting time, roundtrip travel time and mileage. Payment is due upon receipt. Expenses are only incurred and billed when specifically requested by Client.
Deliverables
On or before the agreed upon date the files will be uploaded and installed to the desired server. All files are released upon final payment. A CD or DVD can also be created and mailed for an additional fee.
Warranty of Work
BDD represents and warrants that all work will be of high quality and free of defects in material and workmanship in all material respects, and will conform in all respects to the functions and other descriptions as contained in this contract.
Ownership of Web Site Content
As between BDD and Client , all material supplied by Client for use in shall remain the sole and exclusive property of Client , including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Nothing in this Agreement shall be construed to grant BDD any ownership right in, or license to, the Client, material. Files designed and developed by BDD for the sole purpose of the project are also exclusive property of the Client upon final payment. BDD reserves the right to have a “designed by” footer on the home page and to use the material on the BDD portfolio page.
Post Project Support
After projection completion all updates (changes not in the original specifications of the project) to the project fall under the above section, Updates and Modifications. If a change needs to be made that was in the original specifications of the project then it will be completed free of charge.
Modification of Project from Specifications
Client agrees that if they increase the complexity of any design noted in this contract, or add additional features or components not noted in this contract, that they agree to pay the additional hourly fees, as noted in the Updates and Modifications section of this contract. BDD agrees to provide Client with a detailed estimate of cost of any additional design time before beginning the additional work.
Cancellation Disclaimer
Either party reserves the right to withdraw from the service contract with prior 14 days notification. If the cancellation is made by the Customer, all works including technical consultation provided by BDD will be billed at a flat hourly rate and deducted from the initial deposit. If the cancellation is made by BDD, only the technical consultation time will be deducted from the initial deposit.
Force Majeure
Neither BDD or Client shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, acts of war, or act of government provided that such Party promptly give the other Party written notice thereof and uses its best efforts to cure the delay.