ExpozureStudio.com
ExpozureStudio.com
ExpozureStudio.com
ExpozureStudio.com

Terms and Conditions

Summary:

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 stuff goes wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.

In short

You are hiring us to produce graphics, take photographs, design and develop a web site, or some other project. Of course it's a little more complicated, but we'll get to that.

What do both parties agree 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 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 too. 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 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 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. On top of this we will also maintain the confidentiality of any information that you give us.

Getting down to the nitty gritty

Design

We will create designs for the look-and-feel, layout and functionality of your web site. This contract 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 the daily rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML Strict markup and CSS for styling. We will test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it's sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 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.

Text content

We may have written a best-seller but we're not responsible for writing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate we will charge you at [price] per hour for copy writing or content input.

Photographs

You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at [price] per hour.

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 first idea 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 estimate/quotation prices at the beginning of this document are based on the number of days 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, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical support

You may already have professional web site hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.

We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we'll be happy to help and will charge you [price] per hour.

Legal stuff

We can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

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.

Phew.

Limitation of liability

We will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Web site.

In purchasing domain names on behalf of the client, Veda Designs is acting solely as the clients agent and accepts no responsibility for legal issues the client encounters from the misuse of their domain. All domain renewal fees must be paid by the client after the first year of service. We agree to transfer any domain into clients name upon request, providing that all account, hosting and renewal fees are paid up to date.

You agree that you are not using, nor intending to use, your web site to conduct business illegally in any way or perform activities that violate your state , federal, local, or international laws. We cannot be held liable for any legal issues you encounter from use of your web site. It is your responsibility to register their business in accordance with your local city or state tax laws.

Cancellations

Full Deposit Refund
If a project cancellation is received seven or more days BEFORE our scheduled start date, you will receive a full refund of your project deposit.

Partial Deposit Refund
If a project cancellation is received between seven days BEFORE or seven days AFTER your start date and no development has occurred on your project, you will be refunded 50% of your project deposit. The remaining portion covers revenue lost from having your project blocked off on our calendar.

No Deposit Refund
If a project cancellation is received later than seven days AFTER our scheduled start date OR IF ANY WORK HAS BEEN DONE TO-DATE on the project, your deposit will be forfeited entirely to cover the lost revenue for those days blocked off on our calendar and/or any time put in to-date.

If a project is delayed WITHOUT NOTICE more than 30 days of the original start date, project will be cancelled and forfeit the deposit entirely. Projects exceeding two extension requests (delays with notice) will be cancelled and forfeit their deposit entirely.

Copyrights

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 selfs, or that you have permission to use them.

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.

In the case of original photography produced by us we will reach a copyright ownership agreement with you on each project separately. Until we release copyright to you we maintain all rights.

Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the agreed upon

But where is all the horrible small print?

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.

We love to show off our work and share what we have learned with other people, so we also reserve the right 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.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of courts. Oh and don't forget those men with big dogs.
©2011 ExpozureStudio.com   |   Terms and Conditions