The terms of this Agreement expires 30 days after being submitted to Client. If this Agreement expires, Designer may modify the Agreement and resubmit it to Client.
SCOPE OF WORK
The Proposal will describe the work that is required of the Designer for the Client. Client shall notify the Designer of the products and services as described in the Proposal that Client requests. Design with Jephany will provide up to two rounds of revisions prior to launch of a website. A “round” is either a single email with a list of changes to be made or a phone conversation. Additional revisions shall be provided at an hourly rate.
The Designer offers you the opportunity to make revisions to the design. However, the Designer have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Any major deviation from the specification will be charged at the rate of $90.00 per hour.
Client agrees to pay Designer the fees listed in the Project Proposal, including all taxes.
Any other costs, such as hosting, domain name, branding photography, art licensing, stock photos etc. will be billed to Client.
All Client websites are created on WordPress content management platform that utilizes proprietary technology. Accordingly, Design with Jephany hosts all websites that it creates for its clients unless otherwise agreed. The Designer requires the Client to transfer exising hosting to the Designer hosting provider before project start. Client may choose to pay Designer hosting on a monthly or yearly basis. In some cases, like Client not being in New Zealand the Client shall get thier own hosting from a nominated hosting company. In such cases, the Designer will not be providing hosting-related support.
A 50% deposit is due before project start and the other 50% is due before project launch. Payments can also be split up to four (4) payments if necessary. All invoices are payable within 30 days of receipt. Invoices shall list any expenses and additional costs as separate items. Designer may withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.
PROJECT DELAYS AND CLIENT LIABILITY
Designer Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Designer may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 14 days.
Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.
EVALUATION AND ACCEPTANCE
Testing: Designer will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.
Client shall respond within 2-3 days to the Designer proposal. The Designer shall respond 2-3 days to the Client’s comments, approval, corrections, and requests. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.
Client acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Designer, unless otherwise specified in the Project Proposal; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; Make decisions regarding other parties.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
ACCREDITATION AND PROMOTION
Designer shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by Designer in the Deliverables on each page of the Final Deliverables.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
TERM AND TERMINATION
Term: This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated.
Termination by Mutual Agreement: This agreement my be terminated by the mutual agreement of the parties.
Termination Fees: In the event of termination, Client shall pay Designer for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.
WARRANTY PERIOD AND SUPPORT SERVICES
During the first month following the project launch, the Designer shall provide website training videos and 2 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard rate.
The Designer shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, the Designer endeavour to ensure that the website created for the Client is compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
The Client shall be responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify the Designer [Design with Jephany] and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of New Zealand. Client and Design with Jephany submit to the non-exclusive jurisdiction of the courts in and of New Zealand in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
Design with Jephany is proudly woman-owned business helping women in business have a stunning online presence. I work with women exclusively because I like to empower and support other women to succeed in their business.