These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Cube Creative Design for its clients.
We will perform all actions that, according to our judgment, are necessary for us to complete the projects set forth in this agreement and any other subsequently executed Statement of Work.
OUR FEES AND DEPOSITS
For project-based engagements you will be invoiced for all fees as outlined in each respective project’s proposal. For retainer engagements you will be invoiced at the beginning of each calendar month for the services to be provided in that month (pay in advance).
Web hosting provided by Cube Creative Design includes security updates for websites built by Cube Creative Design for content management systems used in original designs.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
SOFTWARE & CONTENT UPDATES
Content updates will be charged at the standard hourly rate unless an annual maintnenace plan has been purchased. Cube Creative DOES NOT guarantee your website will continue to operate as designed after 60 days of final payment. Cube Creative Design may be contracted to perform maintenance operations to repair any altered website code, template, or plugins and bill at the current hourly rate.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we 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.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due unless other payment schedules have been created.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
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. Proprietary Rights: Original Work: Except as may be specified elsewhere in this agreement or where we otherwise notify you in writing before beginning any work, all work that we will provide to you will be wholly original. Open-Source and Licensed Software: We may use and incorporate open-source and licensed software into work that we will provide to you. If we use licensed software in the work that we provide to you, we will take all actions necessary to assign to you the required licenses. If we are unable to assign the licenses to you, we will work with you to obtain (at your expense) the required licenses.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website. Software that requires annual subscriptions will be available as long as Cube Creative is hosting the site.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We 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.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Cube Creative Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
ESTIMATES NOT BINDING
Because of the unique nature of what we do, except in simple matters, it is usually impossible to foresee how much time and expense will be involved in completing a particular project. Any estimates or budgets that we project are always subject to adjusting as circumstances change, so they are not binding.
We may engage subcontractors to perform portions of our services or work. We will not engage a subcontractor to perform our services or work for you without the subcontractor agreeing in writing that all services performed by the subcontractor are on a “work made for hire” basis and are wholly owned by us, and to the extent any element created by the subcontractor does not constitute a “work made for hire” under applicable law, that the subcontractor assigns all elements the subcontractor creates to us. We will remain solely responsible to you for all work performed by any subcontractor and for the payment of all subcontractors. Furthermore, we agree that any payment or fee payable to a subcontractor is included in the payments and fees to be made to us under this agreement.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla!,” we endeavour to ensure that the web sites we create are 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.
You are 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 Webilicious ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
You may terminate our services at any time by giving us notice of your decision. You will still be obligated to pay for all services rendered and expenses incurred on your behalf up to the time of termination, as well as any fees or expenses that are reasonably necessary afterward. We may terminate our engagement with you by giving you at least 30 days’ notice.
JURISDICTION AND VENUE FOR DISPUTES
Any legal action or proceeding arising out of or relating to this agreement must be brought in the Superior, State, or Magistrate Court of Buncombe County, North Carolina, or the United States District Court for the Western District of North Carolina. Each party consents to the personal jurisdiction of these courts and waives any claim or defense based on any alleged lack of jurisdiction, improper venue, forum non conveniens, or any similar basis.
This agreement supersedes any prior written or oral agreements between us and contains the entire agreement between us. This agreement may be modified only by written agreement. No promises have been made to you other than those stated in this agreement.