1. The Services
You are hiring us to do the work detailed in the Statement of Work (SOW). We’ll deliver the final work product (the Deliverables) to you upon the completion of our work. We’ll do our best to fulfill and exceed your expectations. But this is a collaborative process and we need your help.
You agree to help us to do so by providing requested information in a timely manner and you understand that if you don’t that may change the project schedule. We will provide rounds of revisions, as specified in the SOW, so long as the requested changes don’t go beyond the scope of work in the SOW. If your request is beyond the scope of work in the SOW, we’ll let you know and you will be able to choose whether you want us to proceed with the work. This additional work will be charged at an hourly rate of $150/hour. If you need it in a hurry, we’ll charge $250/hour.
Before we start your website project, you have to pay us 50% of the total project fees up front. This payment is non-refundable. The remaining payment schedule will be detailed in the SOW. If you don’t pay on time, we will put the project on hold until you pay us the money you owe us. We will not deliver any of the work to you until you have made payment in full.
Before we start your hosting, maintenance, and support plan, you have to pay us the 1st month’s service fees in full. The remaining payment schedule will be detailed in the SOW. If you don’t pay on time, we reserve the right to temporarily suspend service or take down your site entirely.
If you are financing your website services with one of our payment plans and fail to make any payment on time, we reserve the right to temporarily suspend service or take down your site entirely. You do not own your site or the Deliverables until the full payment term, including hosting, has been completed.
3. Our Responsibilities
We will do quality work for you. Though we can’t guarantee it, we will make every effort to reply to inquiries within 2 business days, except where you have been previously notified of a period of limited availability. Our work is based on collaboration with your team and often built with third-party services. We make every effort to work with your team and use reliable third-party services. But we are not responsible for any issues related to your team or third-party services.
4. Your Responsibilities
You are responsible for providing us complete and accurate information, we will not edit any information you provide us. You must own or have the rights to use any content you provide us. It’s also your responsibility to back up your data and maintain the security of your site unless it’s covered in the SOW. You are responsible for taking any actions required for us to do our work in a timely manner. If you fail to respond to any of our requests for over 5 business days, we may reschedule your project at our discretion, which will not affect the scope or the fees of the project. Unless otherwise specified in the SOW, once the project has concluded you are fully responsible for maintenance of the site as well as hosting and any related plugins or software.
Our work will begin upon the execution of this agreement and the receipt of the required initial payment detailed in the SOW. We will continue to work together until either we complete the project covered in the SOW or until one of us terminates the agreement with 30 days written notice. Once notice is given, all payments for work that is completed or scheduled for the following 30 days will be due. However, if you become disruptive or uncooperative, we can terminate the agreement immediately, and you will not receive a refund.
Both of us continue to own any content, tools or services (IP) that we owned prior to this agreement. When we build something for you, we are not giving you ownership of the IP we used to do the work or any know-how we gained from doing the work. We are just giving you the final Deliverables. Once you make final payment, we will transfer the final Deliverables to you, then you will own your domain name, your IP on the website and the website in its entirety.
As we work together, both of us may share non-public information (Confidential Information). We understand that this Confidential Information is sensitive and both of us will take all reasonable efforts to ensure that we keep it safe and only share it with members of our team that need it to complete our work. After we complete the work both parties agree to destroy or return the other party’s Confidential Information.
We do our best to deliver quality work, however many factors influence individual results, so no guarantees can be made as to your outcomes. Our final Deliverables are provided to you on an “as is” basis. We do not guarantee perfection. We are not responsible for the performance of any third-party tools or services (such as hosting services) that may be included in the Deliverables.
You acknowledge that you have rights to the content you provide to us, that we are not liable for any loss to you, and that you will indemnify and hold us harmless from any third-party claims.
We agree to resolve any disputes related to this agreement through final and binding arbitration, rather than in court. The arbitration will be conducted by JAMS Arbitration under its applicable rules and procedures.
10. General Provisions.
Any notice required under this agreement must be made in writing over email.
This agreement is entered into under the laws of South Carolina.
You grant us and our contractors the right to use your name and likeness and associated trademarks to market our services. Unless the SOW states otherwise, we will include a small link in the footer to indicate that your website was designed, built and/or maintained by us. By agreeing to the terms, you elect to opt-in to future communication from the us.
We are independent contractors not your employees.
If we both agree, we may add additional SOWs in the future, all of them will be subject to the terms in this agreement. This agreement and the associated SOWs represent the entire agreement between us. If there is a conflict between this agreement and a SOW, the terms in the SOW will govern our working relationship.