TERMS AND CONDITIONS OF AGREEMENT
Between me [Frankie’s Small Business Support]
And you [‘The Client’]
Summary – You (The Client) are hiring me (Frankie's Small Business Support) located at PO Box 877, New Farm QLD 4005 to complete the abovementioned works for the estimate total price outlined above.
By accepting your quote from Frankie's Small Business Support represents an agreement between the Client and Frankie's Small Business Support, and indicates that you accept the price quoted and wish Frankie's Small Business Support to commence work as outlined above.
A 25% non-refundable deposit is required before Frankie's Small Business Support will commence any work on the items quoted above. A tax invoice showing GST (if applicable) will be sent to you for the deposit amount after this quotation is signed and returned to Frankie's Small Business Support.
If cancellation of services is required, all services rendered must be paid for by the Client as determined by Frankie's Small Business Support. A tax invoice showing GST (if applicable) will be sent to you for all services rendered.
All payments are due within 7 days from invoice date. Progressive invoices may be issued for projects that exceed 30 days duration from approval of quote. These invoices will be issued at the completion of each task and are payable 7 days from the invoice date.
Frankie's Small Business Support reserves the right to invoice for work completed or not completed if the development is delayed (due to feedback, content or images not being provided to Frankie's Small Business Support by the Client) for a period of more than 6 weeks.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner. You also agree to stick to the payment schedule as outlined.
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this I will also maintain the confidentiality of any information you give me.
Design – I will create designs for the look-and-feel, layout and functionality of your website and graphic design works. This contract includes revisions to the amount specified on the quotation. If you’re not happy with the designs at this stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at the agreed hourly rate.
Text Content – I am not responsible for writing or inputting any text copy unless specified in the original estimate. I’m happy to help though, and in addition to the estimate I will charge you an hourly rate for copywriting or content input if required.
Photographs – You will supply me with photographs in digital format. If you choose to buy stock photographs I can suggest vendors of stock photography.
Limitation of Liability – Frankie's Small Business Support cannot be held responsible for any 3rd party technical, hosting server or related infrastructure problems including but not limited to credit card fraud, server downtime, acts of god or theft. Under no circumstances shall Frankie's Small Business Support total liability for damages, losses, and causes of action exceed the amount to be paid by the client under this agreement.
I can’t guarantee that the functions contained in any web page/email templates or in a completed task will always be error-free and so I can’t be liable to you or any 3rd party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised me of the possibilities of such damages.
Frankie's Small Business Support cannot ultimately guarantee the success of this marketing or promotional activity.
Copyright – You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website, email and graphic design are either owned to you, or that you have permission to use them. I will guarantee to you that all graphic design works completed are original.
Ownership of Materials – When I receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that I create for you for this project. I am not required to keep them or provide any native source files that I used in making them. You also own text content, photographs and other data you provided, unless someone else owns them. I love to show off my work and share what I have learnt with other people, so I also reserve the right to display and link to your completed project as a part of my portfolio and to write about the project on web sites.
You cannot transfer this contract to anyone else without 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. 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. This contract is a legal document under the jurisdiction of Queensland courts.