Terms of Custom Projects


Overview

We will build a website for you according to the description laid out via email. Any additional features, pages, or other changes to project requirements may affect the timeline and costs laid out in the estimate, and will require a separate change order document.

Invoices will be generated on the agreed dates, and are due within 15 days or receipt by you or your company. Payments made past an invoice’s due date are subject to a $100 late fee. If a website Hosting/Domain is unpaid after the Due date, your service may be suspended. If you cannot pay an Invoice by the Due date, please do get in touch asap.

We reserve the right to use visual representations of the final product as part of a project portfolio or case study.

Agreement

Summary

We will always do my best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s-what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long 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 design a website for the estimated total price as outlined in our Estimate. Of course it’s a little more complicated, but we’ll get to that.

What Do Both Parties Agree To Do?

As a customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format asked for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set, but we 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 our work on-time at any stage. On top of this we’ll also maintain the confidentiality of any information that you supply.

Getting Down to the Nitty Gritty

Design

If we’re designing your application, we’ll create designs for the look-and-feel, layout and functionality of your website; theme. This contract includes one main design theme plus the opportunity for you to make up to two rounds of revisions.

If we’re carrying out small design updates to your application, we will edit the agreed layout or look-and-feel of the function you need updating.

In both scenarios; If you’re not happy with the designs at this stage, you will pay in full for all of the work that produced until that point and you may either cancel this contract (rejecting all copyright and ownership and agreeing all works to be deleted) or continue to commission us to make further design revisions at the standard design rate.

HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.

We do not cater for people using Microsoft Internet Explorer 9 and below, and cannot predict the behaviour of that browser.

We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.

Text Content

We may have written a hundred blog posts but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. we’ll be happy to help though, and in addition to the estimate we will charge you at my standard copy writing or content input rate.

Photographs

You will supply 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 standard discovery rate.

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. I don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need, to accomplish everything that you have told me 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. 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 upfront 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 cancelled. 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.

Technical Support

You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we’re providing, we can set up an account for you on a hosting business or at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on a 3rd party server, plus any software. Updates and management of that server, plus any support issues will be up to you.

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so 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 operation of or inability to operate this website and any other web pages, 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 website are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own text content, photographs and other data you provided, unless someone else owns them. We own the 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 reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

Payments

I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Please see the following payment schedule:

100% of your investment total is due prior to starting the project; Unless formally agreed otherwise via email. You agree that, once paid, all fees / investments / invoices are non refundable.

Completion of design and build: If you are unable to supply all of the right content at this stage, it does not mean we have not done my job. If the invoice is not paid we’re under no obligation to continue with the project in anyway.

Just like a parking ticket, you can’t transfer this agreement to anyone else without my permission. This agreement 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 the courts of the Commonwealth of Australia, Australian law.

Authorising your project via email or via payment is regarded as a digital signature. By paying (in-part or in-full) any invoice for your project, constitutes you agreeing to and following this agreement, terms and conditions, and acknowledging your agreement to the full terms and conditions, and demonstrates your understanding of the project work, as specified via email and or on your initial invoice. Terms and conditions are subject to change, at any time.

General Terms of Service

1. Terms

By accessing the website at https://themenomads.com/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

1.2 Refunds

Because WordPress themes are non-tangible, digital downloads, we can not issue a refund. Please contact us if you have any pre-sales questions.

2. Use License

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    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Themenomads.com’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Themenomads.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

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  2. Further, Themenomads.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Themenomads.com or its owners / suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Themenomads.com’s website, even if Themenomads.com or a Themenomads.com authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Themenomads.com’s website could include technical, typographical, or photographic errors. Themenomads.com does not warrant that any of the materials on its website are accurate, complete or current. Themenomads.com may make changes to the materials contained on its website at any time without notice. However themenomads.com does not make any commitment to update the materials.

6. Links

Themenomads.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by hemenomads.com of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Themenomads.com may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.