Work Agreement Summary
We will always do our best to fulfill your needs and meet your goals however, we find that it is always best to also have a few simple things written down as well. This insures that from the get-go, we both know what is what, who should do what, and what happens if stuff goes wrong. In this agreement you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
In Short
You are hiring us to perform work requested as outlined in our previous correspondence. Of course it's a little more complicated, but we'll get to that.
What Do Both Parties Agree To Do?
*You:* You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us everything we need to complete the project when, and in the format, we need it. You’ll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
*Us:* We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Estimates
The estimate or quotation prices are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, that won’t be a problem.
However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
Payment Schedules
We are sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay in good standing, you agree to stick tight to the following payment schedule.
Monthly billing
For Team-Up clients working with us on an ongoing basis, we will send an invoice at the end of each month. Unless otherwise stated in our agreement, these invoices are due upon receipt.
Projects spanning seven weeks or more may be billed on a monthly basis after initial 50% deposit
Estimates up to $10,000 USD:
- 50% deposit up front
- 50% balance due at final delivery
Estimates from $10,001 USD and up:
- 50% deposit up front
- 25% installment once functionality and design has been agreed upon
- 25% balance once the application has been tested and everyone agrees it is ready to go live
Design Projects Pricing + Changes and Revisions
We 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. We don't want to limit either your options or your opportunities to change your mind.
Estimates/quotation prices are based on the number of hours that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged the rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
We will create designs for the look-and-feel, layout and functionality of your web site and/or business brand. This contract includes one main concept plus the opportunity for you to make up to two rounds of revisions, unless otherwise noted in our proposal. If you're not happy with the concept at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further revisions at the rate set out in our original estimate.
Graphic Assets & Photography
You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our hourly rate.
Website Browser Testing
Desktop Browser Testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. Support for other browsers will considered only upon special request.
We will not test in old or abandoned browsers. For example, any version Microsoft Internet Explorer for Windows or Mac, older versions of Apple's Safari, Chrome, or Mozilla Firefox, unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
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:
iOS: Safari, Google Chrome
Android 4.x: Google Chrome and Firefox
We currently don’t test Samsung, Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
Technical Support
You may already have professional web site hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics; then the updates to, and management of that server.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we'll be happy to help and will charge you at our hourly rate.
Third Party Assets, Software, Graphics
The purchase of commercially licensed products such as stock photography, plugins, software and illustrations are a part of most all projects.
You are responsible for downloading the original files, keeping appropriate backup, licensing and subscriptions up-to-date for all of your purchased digital assets.
Website Care Plans
Authorization
You are engaging Upthentic Creative, Inc., as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Upthentic Creative, Inc. access all directories and files necessary in your account, as well as permission to install any necessary software and/or plugins for maintenance and security.
Copyright
Upthentic Creative, Inc. does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Pricing & Payments
All prices appearing on this site are subject to change without notice. Once a client of Upthentic Creative, Inc., you authorize Upthentic Creative, Inc. to charge the payment method you submitted for all the invoices generated for the services rendered by Upthentic Creative, Inc.. In order to cancel your recurring payment or change payment method, simply contact Upthentic Creative, Inc. prior to your payment’s due date.
Third Party Or Client Page Modification
With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Upthentic Creative, Inc.. If anyone other than Upthentic Creative, Inc. or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at our current posted hourly rate beyond the time allotted in the monthly care plan. There is a one-hour minimum.
Limitation Of Liability; Disclaimer Of Warranties
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
Upthentic Creative, Inc. does not guarantee, represent, or warrant that the functions contained in these web pages or the website will meet the client's requirements, or that the operation of the web pages will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these web pages or the Internet website is at your sole risk. The functions of the web pages and the website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the web pages and website is with client.
To the extent not prohibited by law, in no event will Upthentic Creative, Inc. be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Upthentic Creative, Inc. has been advised of the possibility of such damages.
Upthentic Creative, Inc. does not represent, guarantee or warrant that the functions contained in these web pages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Upthentic Creative, Inc. disclaims any liability relating thereto.
This Work Statement Agreement is governed by the laws of Rhode Island without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Upthentic Creative, Inc. or relating in any way to your use of the created web pages or website resides in the courts of Rhode Island.
Acceptance
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Upthentic Creative, Inc. reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the Upthentic Creative, Inc. terms of service by email wecare@upthentic.com
Timelines and Project Completion
If you are unable to supply all of your finalized content upon the agreed upon time frames during the project, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in anyway.
Legal
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 arising out of the use of or inability to use any part of the project deliverables, even if you have advised us of the possibilities of such damages.
Due to frequent browser and software changes and upgrades, we can not guarantee that the functions contained in any web page template or in a completed web site will always be error-free, so we can not be liable to you or any third party for damages. These damages include lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate your web site, even if you have advised us of the possibilities of such damages.
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.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Contract
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Rhode Island courts.
The Dotted Line
When both parties accept any Work Ticket or Design Request contract, you are hereby agreeing to the above terms and conditions. Estimates and proposals will be accompanied by a link to or a copy of this agreement along with project details, time and price quotes.
Electronic Signatures
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
Upthentic.com may, at its sole discretion, revise or change terms and conditions of providing services (in whole or in part) from time to time, and at any time, without notice. We care. If you have questions or concerns please email us wecare@upthentic.com