Terms & Conditions
Definitions
Agreement: The proposal, contract, terms and conditions, together with all related schedules, attachments, and supporting documents agreed between the client and our company.
Client Content: Any information, materials, files, images, text, graphics, documents, or other resources provided by the client for use within the project.
Deliverables: The services, work products, and materials that our company agrees to provide under the agreed project scope.
Company Assets: Any software, frameworks, source code, applications, methodologies, systems, templates, utilities, inventions, fonts, technical resources, or other assets created, owned, licensed, or used by our company. This includes layouts, navigation systems, website architecture, and functional components.
Final Deliverables: The completed versions of deliverables supplied to the client following completion of the agreed work.
Project: The work and services to be performed under the agreement between the client and our company.
Services: All services described within the proposal and contractual documentation.
Third-Party Resources: Any materials, software, plugins, stock images, licenses, illustrations, or other resources obtained from external providers and incorporated into the project.
Development Services
Our company shall perform the services outlined within the approved proposal and agreement and shall deliver such services according to the agreed project schedule and milestones.
Proposal / Scope of Work
Any proposal issued by our company shall remain open for acceptance for 30 days from the date it is provided to the client. If acceptance is not received during that period, our company may review, revise, or replace the proposal before issuing an updated version.
Compensation
Additional Costs: Expenses associated with third-party products or services, including hosting, software licenses, subscriptions, or similar items, shall be invoiced separately from project fees.
Expenses: Reasonable project-related expenses incurred while providing services shall be charged to the client at cost.
Fees: The client agrees to pay all fees and applicable taxes according to the agreed project plan.
Payment
Invoices: Invoices shall be payable within 5 days of receipt. Any expenses or additional costs shall be itemized separately where applicable.
Payment Schedule: Payments shall be made in accordance with the milestones and payment structure specified within the agreement.
Changes to Project Scope
Change Requests: Any request to modify the agreed scope of work must be submitted in writing. Our company shall review the request and provide information regarding any effect on pricing, timelines, resources, or deliverables within 5 working days.
Minor Changes: Changes representing less than 20% of the total project value, or otherwise categorized as minor by our company, shall be billed using standard hourly rates. Any impact on delivery schedules shall be communicated. Additional costs resulting from such changes shall not be restricted by previous estimates.
Major Changes: Changes exceeding 20% of the project budget, or significantly altering the original requirements, shall require a revised proposal. Work relating to such changes shall not commence until the revised proposal has been approved.
Acceptance of Proposals: The client shall approve any revised proposal within 14 working days. Failure to provide approval within that period may release our company from any obligation to perform the proposed work.
Delays
Client Delays: The client shall provide approvals, information, content, and project requirements within reasonable timeframes. Delays caused by the client may result in corresponding extensions to project milestones and deadlines.
Delays by Our Company: Where circumstances within our control affect project schedules, we shall notify the client as soon as reasonably possible.
External Delays: Neither party shall be considered in breach of the agreement where delays arise from events beyond reasonable control. Such events may include labor disputes, governmental actions, acts of terrorism, natural disasters, flooding, fire, war, or similar circumstances. Project schedules may be adjusted accordingly.
Evaluation and Acceptance
Testing: Deliverables shall be reviewed and tested using procedures considered commercially reasonable and appropriate for the project before submission to the client.
Approval Periods: The client shall have 7 working days following delivery to review and either approve or reject the submitted work. Any rejection must include written details explaining the identified issues. Our company shall have 14 working days to address such issues. Updated deliverables shall then be subject to an additional 7-working-day review period.
Client Responsibilities
The client agrees to:
- Provide materials suitable for use within the project unless otherwise agreed.
- Review and proofread all submitted content before delivery.
- Make timely decisions regarding third-party providers, software, integrations, or services relevant to the project.
Accreditation and Promotion
Accreditation: Unless otherwise agreed in writing, our company may include an accreditation hyperlink within completed project deliverables.
Promotion: Completed work may be referenced within portfolios, case studies, presentations, websites, marketing materials, and similar promotional resources for professional and business purposes.
Promotional Approval: Neither party shall unreasonably refuse permission for the other party to reference their involvement in a completed project. Such references may include website links where appropriate.
Confidential Information
Any information identified as confidential by either party shall be treated as confidential by the receiving party and shall not be disclosed to outside parties without authorization. This obligation shall not apply to information already known by the receiving party or lawfully obtained from an unrestricted source.
Relationships
Agents: Where third-party contractors assist with the provision of services, our company shall remain responsible for the relevant deliverables.
Exclusivity: Nothing within the agreement shall require either party to maintain an exclusive business relationship. Both parties remain free to engage with other companies, clients, contractors, or service providers.
Independent Contractor: Our company operates as an independent contractor and retains control over how services are delivered. Nothing within the agreement creates an employment relationship, partnership, agency relationship, or joint venture. Work completed by our company shall not be considered “work for hire” under applicable copyright legislation.
Liability
Unless otherwise expressly stated, services are provided on an “as available” basis. Our company shall not be liable for losses, damages, claims, or expenses arising from the use of its services. Any liability shall be limited to the total amount paid by the client under the relevant agreement.
Rights for Work Produced
License: Upon full payment, the client shall receive a perpetual, worldwide, non-exclusive license to use the deliverables in their approved form. Deliverables may not be modified, extracted, redistributed, or used to create derivative works without prior written authorization from our company.
Support Services
Warranty Periods: Where reasonably required, our company may provide maintenance, correction, or update services relating to deliverables. Unless otherwise agreed, such services shall be billed at standard hourly rates. Any warranty shall cease to apply if deliverables are altered or modified by a third party.
Our company reserves the right to amend or update these Terms and Conditions at any time. Continued use of the website or services after revised terms have been published shall constitute acceptance of the updated version.