1.0 SERVICES RENDERED
1.1 WEBSITE DESIGN
We create designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. Our web layout designs work iteratively and use predominantly HTML and CSS so we don’t waste your time and your money mocking up every template as a static visual. What we will do however is use static visuals to indicate a look and-feel direction (colour, texture and typography).
We will update your website development onto a test address allowing you to review our work and provide feedback. We will also use this test link to help show you changes made or options of design elements. If, at any stage you’re not happy with the direction our work is taking, you can pay us in full for everything we’ve produced up to that point and then cancel the contract.
1.2 BROWSER TESTING
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.
1.3 DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 9 and above for Windows users get an appropriate, possibly different, experience but we won’t test in other older browsers unless you specify otherwise.
1.4 MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We therefore test our work on a number of leading devices of all screen sizes and browsers including Safari, Google Chrome and Firefox.
1.5 CHANGES AND REVISIONS
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate to cover the additional work.
We can’t guarantee that our work will be error-free (we’re human!) 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.
2.0 MUTUAL COOPERATION
We agree to use our best efforts to fulfil and exceed your expectations on the deliverables listed above. You agree to aid us in doing so by making available to us the required information pertaining to your website and to cooperate with us in expediting the work.
3.0 CHARGE, 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.
4.0 TERMS OF PAYMENT
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the payment schedule.
GillGraphics will invoice you for a fee of twenty five per cent (25%) of the initial fees at point of this signed contract agreement which will act as the deposit. A second installment of twenty five per cent (25%) will then made half way through the project (We will discuss and agree on a half way point of services done with you). As an example the half way point might be after all of the branding design is complete and the website layouts are in place for development. The remaining 50% will be billed on project completion. The final bill will also include any additional services added during project development. GillGraphics will launch the final website when requested however, if the final payment has not been paid after 15 days of the launch, the website will be halted until the balance is paid.
4.2 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. GillGraphics 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 GillGraphics pays for carrying overdue invoices from you. In addition, GillGraphics also reserves the right to stop work until payment is received.
4.3 COLLECTION COSTS
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 all these expenses.
4.3 VAT COSTS
Due to our line of business GillGraphics is not VAT registered and therefore all quotations/ invoices given via GillGraphics do not include any additional or hidden VAT costs.
5.0 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 incur prior to your change in instructions, and which relate to non-cancellable 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.
6.0 RESPONSIBILITIES OF GILLGRAPHICS AND THE CLIENT
6.1 GILLGRAPHICS’ RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have permission to use them.
Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement
GillGraphics acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by GillGraphics on behalf of Your Company or disclosed by Your Company to GillGraphics.
8.0 TERM AND TERMINATION
8.1 PERIOD OF AGREEMENT & NOTICE OF TERMINATION
This Agreement shall become effective as of the date issued for this document and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
8.2 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.
8.3 PAYMENT FOR NON-CANCELLABLE MATERIALS
Any non-cancellable materials, services, etc, that 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 any such materials and services that are non-cancellable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by Your Company to GillGraphics, GillGraphics shall transfer, assign and make available to Your Company all property and materials in its possession or control belonging to Your Company . Your Company agrees to pay for all costs associated with the transfer of materials.