Mutual Agreement
Online Proposal Mutual Agreement
Statement of Work & Contract
Between Tradie Web Guys, referred to as ‘us, we, ourselves’ and
The client, or potential client, referred to as ‘you, or yourselves’.
You, are hiring us to design and develop a website for the price outlined in your proposal.
1.0 Services Rendered
1.1 MANAGING EXPECTATIONS
There are some things that are out of everyone’s hands. Events happen from time to time that may result in things like deadlines being pushed back. Also, occasionally there are temporary and permanent repercussions that come as a result of work that has been carried out, especially in the case of website rebuilds and upgrades. Page rank and some SEO features can be affected for any period, however typically they will return. We will not be held responsible for such instances.
1.2 DESIGN
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use both advanced plugins, HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)
1.3 TEXT CONTENT
Writing or inputting any text copy is not included in this contract unless you’ve selected the copywriting option. If you’d like us to write new content or input text for you, we’re happy to provide a separate estimate for that.
1.4 PHOTOGRAPHS
You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. If you’d like us to search for photographs for you, we can provide a separate estimate for that. Costs of buying stock photographs or a photo shoot is not included in this contract. Please advise, the images used on this website are the responsibility of you. We will not be held liable for any implications that may arise from the use, or misuse of any images, regardless of who’s provided them, nor their source.
1.5 HTML, CSS AND JAVASCRIPT
We work with templates and themes that have been developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviours.
1.6 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.
1.7 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 won’t test in other older browser versions unless you specify otherwise. If you need an enhanced design for an older browser, we can potentially provide a separate estimate for that.
1.8 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 test our work in:
- The current iOS: Safari
- The current Android: Google Chrome, Firefox
- The current Microsoft
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
1.9 WEBSITE SUPPORT
Website support covers: Questions on how to edit/add content to your site such as text, links, images, pages or posts; Forgotten logins/passwords; Further clarification about information from our training programs and videos.
Website Support does not cover: Performing maintenance or edits to clients’ websites. These tasks will attract an hourly fee. Please contact us for details; Setting up email on mobile, laptop or PC devices; Technical support for Phones, Computers, IT and Internet help; Performing work or support of third Party plug-ins or services such as PayPal, Facebook, YouTube, LinkedIn, Photoshop, Networked Blogs, etc; Support for our clients have access to support via email. Email is the preferred method as it provides a clearly documented definition of the scenario. Support is handled exclusively through [email protected]. Support is offered between 8:00am to 4:00pm Mondays to Fridays. *Please note that on Public Holidays or over the annual Christmas break, emergency support will be limited.
1.10 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 typical length of time we estimate we’ll need to accomplish your project and it also includes one revision. We’re happy to be flexible, so if you want to change your mind or add anything new, we’ll provide a separate estimate for to cover the additional work.
Logo designs include 2 versions and two revisions within the quoted price. Additional amendments may be charged for at the price of $110 per revision.
Your website will be presented to you via a staged URL for you to view when ready. At that point you have the right to go through the site and list any amendments that you would like made, which are to be submitted to us together at the same time. Our development team will amend the changes according to your requests and then you’ll be asked to approve those amendments. Please note that additional amendments are subject to incur a fee of $110/revision beyond the included first revision.
1.11 ERRORS
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 expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work. Please advise that delays in the supply of material critical to the projects development may incur delay fees of $20/day as it holds up our production line and occupies hosting space. We ask that you please supply us with the information that we need within 14 days of us requesting it. Extensions may be granted under reasonable situations.
3.0 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 45 days will incur fee to resume work at the discretion of us.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small 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 following payment schedule.
To commence the project, you’ll be invoiced for fifty per cent (50%) of the total, which will need to be settled, acting as the deposit. The remaining 50%, along with any additional charges will be due on completion of the project, prior to it going live on your domain.
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. No work will commence until this initial down payment has been settled. You agree to pay the remaining balance, along with any additional charges on completion of the project, prior to it going live on you domain. Logins will be created once the final payment has been settled.
Every invoice has a 7 day payment term.
In the event payment is not made within 15 days, we withhold the right to charge a late payment fee of 5% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest and other costs that we will incur when carrying your overdue invoices. In addition, we 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 these expenses.
5.0 Cancellation of Plans
Please advise that once any project has commenced, no refund will be applied.
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 minimise such costs and expenses.
6.0 Responsibilities
6.1 OUR RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorisation to use various programs and plugins.
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, logos, images, testimonials, copyrighted materials, photographs, art work or any other property or rights are either owned by your good selves, or that you have permission to use them.
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.
7.0 Confidentiality
We 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 us on behalf of you or disclosed by you to us.
8.0 Term and Termination
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of the day it has been sent 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-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 minimise such liabilities immediately upon written notification from you. We will provide written proof, upon request from yourselves, that any such materials and services, 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 you to us, we shall transfer, assign and make available to yourselves all property and materials in its possession or control belonging to you. You agrees to pay for all costs associated with the transfer of materials.
9.0 General Provisions
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the state of NSW.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
9.4 SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
