By doing business with Deimos Designs, you agree to and understand the following:
As my customer, you have the power and ability to enter into a contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my 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 I set together. You also agree to stick to the payment schedule set out in any agreed contracts.
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I 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 my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.
HTML/CSS layout templates or Themes
If the project includes HTML markup and CSS templates, I will develop these using valid HTML5 markup and CSS3 for styling. I will test all my markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Chrome and Opera, as well as adapt the layout to accommodate mobile devices. I will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date. I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If your website is using an already existing WordPress theme or template, I am not responsible for any limitations or errors in said theme, but I will try my best to pick a quality theme to avoid any issues or change themes to correct any issues. Any themes or plugins that you agree on that I need to purchase, will be added to the project price.
I 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 I 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 me of the possibilities of such damages.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.
When I receive your final payment on a project, copyright is automatically assigned as follows:
You own the graphics and other visual elements that I create for you for this project. I will give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files that I used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. I own the HTML markup, CSS and other code and I license it to you for use on only this project. Any plugins or themes added still belong to their respective author.
I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to any payment schedules agreed upon.
Final finished project will not be handed over or made live until final payment installment is made. I hope you understand that I cannot hand over work until it is paid for. I also do not offer refunds for any deposits already made for work that has already been done.
Changes and revisions
I 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. I don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices that I quote you are based on the number of days that I estimate I’ll need to accomplish everything that you have told me you want to achieve. You can make as many changes & revisions during the design & development phase as you want as long as they don’t veer too far off the the original project scope. I will also offer 30 free days of changes and edits once the site goes live, after that you will be charged the hourly rate of $50/hr. We can also work out a monthly maintenance retainer fee if you require regular maintenance and work. Along the way I might ask you to put requests in writing so I can keep track of changes.
Client Inactivity Clause
I had to add this into my contract because too many clients were taking too long to respond to requests and approvals. We all have busy jobs and it’s sometimes hard to take time out to do things. But I also hope you understand that if a project gets dragged out too long, I can’t make a living.:
“If I need anything from you, be it an approval, changes, or materials to complete or continue your project and I do not get any correspondence from you back within 30 days of reasonable follow ups, the project will be put on hold. I will then require the next payment installment to begin work again, regardless if the milestone has been completed or not.”
All invoices are Net 30. If they are overdue, any work that is currently being done will be put on hold until payments are made.