Between "us", Cre8 Visions, and "you", known as "Client".
You Full name, located at Address are hiring Cre8 Visions located at 859 Spring St NW, Atlanta, GA 30308 to design and develop a web site for the estimated total price as outlined in our previous correspondence.
WHAT DO BOTH PARTIES ADHERE TO DO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need them, 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 abide by the payment schedule set out at the end of this contract.
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. In the event of a delay caused by deferred feedback or collateral, we agree that the Cre8 Visions, LLC is not accountable for a missed launch date.
Both parties agree to respect and keep each others’ trade practices, trademarks, proprietary information, and intellectual property confidential. Violation of this section voids this agreement without indemnity to Cre8 Visions, LLC.
DETAILS OF THE WORKS
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design, one initial revision, and one final revision.
If you're not happy with the designs at this stage, you may continue to commission us to make further design revisions at the hourly rate set out in our original estimate. Please note that designs typically take 4 hours to execute.
CMS BASED WEBSITE PROJECTS AND NON-CMS BASED WEBSITE PROJECTS
We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Google. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Edge for Windows.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5,6, 7, and 8 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
All sites we build are multi-platform responsive (They display dynamically depending on the browser size of the device ). Your website will not display identically across different devices.
We warrant that all functionalities will exist across all tablets, smartphones and PCs (with the exception of proprietary browsers on specific devices like the Blackberry).
WordPress is a third-party tool and therefore we can't be responsible for any bugs associated with WordPress or it's plugins. If any bugs are found during the development phase or 30 days after launch we'll fix it (if possible) or update WordPress or the faulty plugin if it's available, but after the 30 days we'll charge at our hourly rate of $250 for 3 hours if you decline the maintenance retainer service.
If needed, all photographs you will supply us should be in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. If you choose to defer additional photo selection to us, we will be happy to do so. Please note that this is an additional service charged at our hourly rate (up to 8 photos). We provide up to 15 premium stock photos that we can use for your website.
CHANGES AND REVISIONS
The estimate/quotation prices at the beginning of this document are based on the number of hours that we estimate we'll need to accomplish everything that we have agreed on. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged the standard rates set out in the estimate we gave you, and changes will be implemented before the initial QA. Along the way we might ask you to put requests in writing so we can keep track of changes.
CHARGES FOR SERVICES PERFORMED
Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 14 days will incur fee to resume work at the discretion of Cre8 Visions. This includes any none communication between the client to Cre8 Visions.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. After that, any updates to, and management of that server will be up to you.
No web functionality is perpetually flawless. We do not guarantee that the functions contained in any web page layouts or in a completed web site will be error-free for the foreseeable future.
We agree that we are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages. Once the sign-off document is completed and/or the credentials are submitted to you, all responsibility for maintaining the site is no longer our accountability.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good-selves, or that you have permission to use them.
DIGITAL MILLENIUM ACT
Cre8 Visions, LLC shall assume that the copyright of all the images you provide either belong to you or are royalty free. Cre8 Visions, LLC shall assume no liability in the event of intellectual property rights infringement including, but not limited to images and content.
When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people. We reserve the right with your permission, to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we're also sure you'll want to keep each other as business partners, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
50% at the start of the project
50% upon project completion (prior to site propagation on your chosen hosting provider)
Deposits are only billed if the project estimate is over $1000. Any project less than $1000 must be paid in full in order to commence work.
Cre8 Visions will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Cre8 Visions pays for carrying overdue invoices from . In addition, Cre8 Visions reserves the right to stop work until payment is received.
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
CANCELLATION OF PLANS
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the , that any such materials and services, are non-cancelable.
TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by [contact] Company name, Cre8 Visions shall transfer, assign and make available to all property and materials in its possession or control belonging to . agrees to pay for all costs associated with the transfer of materials.
Just like a parking ticket, you cannot 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 and binding document.
I agree to accept the terms and conditions for this project on behalf of our organization. I am aware that I am bound by the scheduled specified within this document. My signature attests to my agreement to the scope work outlined within this Service Level Agreement and my commitment to the agreed schedules stated within this document.
Full name, to accept this contract, sign at the prompt. You will be emailed a copy for your records.