Designed 2 Generate – Terms & Conditions of Agreement/Engagement (2015 V.1.02)
1. Purpose and Authorisation: The Client is engaging Designed 2 Generate for the purpose of developing and/or improving a website to be installed on a server (this could be either Designed 2 Generates own server or the Client’s server, whichever is preferred and agreed to. The Client authorises Designed 2 Generate to have full access to any account necessary to conduct the work, and authorises the web hosting service (if one) to provide Designed 2 Generate with “write permission” for the Client’s web space.
2. Website Content: The Client agrees to provide Designed 2 Generate ALL content for the website such as text, images, video, sound in an electronic format or anything else feasibility possible to put on the website or otherwise agreed where we use our own copywriter. Client understands that Designed 2 Generate may choose not to begin to customise the website until all content is received.
3. Designated 2 Generate is appointed a Client Representative to ensure effective communication and an efficient design process between the Client and ourselves. The representative will ensure ALL content has reached final approval within their organisation before submitting the finalised content to Designed 2 Generate.
4. Web Hosting – The Client understands that any web hosting services require a separate contract with a web hosting service. The Client agrees to select a web hosting service which allows Designed 2 Generate full access to the website. The Client understands that certain features may need to be activated and/or purchased from the web hosting service in order for the web site to function properly. Designed 2 Generate will work with the Client to ensure the correct hosting features installed on the hosting server. If needed, Designed 2 Generate can also provide a list of web host providers who support the technology required for the Client’s website.
5. Website Maintenance. The Client understands that once the website is completed and installed to the Clients web space the Client takes on the responsibility of maintaining all aspects of the site, such as text, images, video and sound files. Designed 2 Generate will provide a list of Content Management System (CMS) which will assist the Client in maintaining the site. The Client is responsible for the cost of the CMS. Designed 2 Generate will make changes to the site per the Clients request which will be billed at the rate posted on Designed 2 Generates website.
6. Assignment of Project. Designed 2 Generate reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on‐time completion.
7. Legal Stuff. Designed 2 Generate does not warrant that the functions contained in the website will be uninterrupted or error‐free. In no event will Designed 2 Generate be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. 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.
8. Copyrights and Trademarks. The Client represents to Designed 2 Generate and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Designed 2 Generate for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Designed 2 Generate and its subcontractors from any claim or legal actions arising from the use of such elements furnished by the Client.
9. Copyright to Web Pages. Designed 2 Generate through an agreement has been provided the use of a 3rd party website template. The template may be used by Designed 2 Generate to build a website for the Client. These templates are owned by the 3rd party provider and the Client agrees they may not put them on a diskette, CD, website or any other medium and offer them for redistribution or resale. Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, source files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Designed 2 Generate and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
10. Website Pricing & Additional Services and Fees. Designed 2 Generate pricing, services and fees are bespoke to the individual client/specific to each contract/job in hand.
11. Initial Payment, Final Payment and Cancellation. The Estimate/agreed Cost of this agreement is specific to the client. This agreement begins with an initial non‐refundable deposit payment of the agreed amount. At the completion of the site Designed 2 Generate will provide the Client with a final billing of the actual cost for the site. Payment must be received in full before the web site is published to the Client’s web space/Designed 2 Generate web space. If the Client halts work and applies by registered letter for a cancellation within 30 days of the Effective Date to Designed 2 Generate 10 day of the cancellation. Any work completed up to the cancellation date will be billed to the Client. The Client is responsible to pay for any work completed which is not covered by the initial deposit.
12. Completion Date. Designed 2 Generate and the Client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than the date agreed mutually. The undersigned agrees to the terms of this agreement on behalf of his or her organisation or business.