GENERAL WORKING AGREEMENT
This page defines the terms and conditions of our working relationship. All projects or services that Savvy Web Creations may be contracted to produce or provide for the client will be subject to the following:
WORKING/BILLING PHASES
Based on our experience with long-term design
communications projects, we have found that it is mutually advantageous to handle each
project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes
makes it impossible to accurately estimate in advance the total cost of a project.
Planning the work, cost estimating, and billing in several phases permits Savvy Web Creations or you the client to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phases that were actually completed by Savvy Web Creations. For each project, you the client will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of-pocket expenses.
We will begin work upon you the client approval of the written estimate. Your approval
(written or oral) will constitute an agreement between us.
PAYMENT/ESTIMATES
You the client agrees to pay Savvy Web Creations in accordance with the terms specified in each proposal/estimate. All Clients will be required to pay 50% of the project cost before work can begin. The final payment must be made upon approval of the finished work and must be made prior to the site going live.
FREE OFFER SITES
You the client agree to pay Savvy Web Creations in accordance with the terms specified with respect to the free offer. All clients will be required to pay the full amount quoted prior to the commencement of any site building.
Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on
estimate. Client requested changes will be billed additionally. The client will be notified of
any price changes.
OUT-OF-POCKET EXPENSES
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice.
If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
REVISIONS, ALTERATIONS AND VARIATIONS
New work requested by you the client and performed by Savvy Web Creations after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author's alterations and other copy changes requested after layouts or mechanicals are
completed are billed at standard hourly rates unless they are deemed by Savvy Web Creations to be of a minor nature.
APPROVAL OF WORK
The client will have the opportunity to review the work prior to sign off. If you the client find any unsatisfactory points you the client should notify Savvy Web Creations of any such points with in 14 days. Any work not reported on will be said to be approved and subsequently can not be further rejected and the contract will be deemed to be complete.
REJECTION OF WORK
If you the client rejects the work with in the 14 day review period and or will not provide the required approval of the work performed by Savvy Web Creations to rectify any such points as reported by you the client as unsatisfactory to Savvy Web Creations and Savvy Web Creations deems the rejection as totally unreasonable the contract will be deemed to be expired and Savvy Web Creations can take any legal means possible to collect any and all outstanding payments and expenses including any and all legal cost arising out of said actions.
PAYMENT
Upon completion of 14 day review period, Savvy Web Creations will invoice to you the client for any and all payments in accordance with the paragraphs above and in the signed contract. hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 7 days of the date that the invoice was issued.
OVERTIME
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your " Priority Scheduling" requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:30pm and weekends.
NATURE OF COPY
You the client agree to exercise due diligence in its direction to us
regarding preparation of materials and must be able to substantiate all claims and
representations. You are responsible for all trademark, service mark, copyright and patent
infringement clearances. You are also responsible for arranging, prior to publication, any
necessary legal clearance of materials we prepare.
Savvy Web Creations will require from you a signed declaration of intellectual property rights releasing Savvy Web Creations form any and all claims, action, damages and cost arising against Savvy Web Creations by any party arising from SavvyWeb Creations use of the Intellectual property in fulfilling you the clients directions or of any material, copy, logos, trademarks or photographs and graphics.
Savvy Web Creations will prepare this document and it will form a part of the contract of agreement.
ERRORS AND OMISSIONS
It is the you the client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Savvy Web Creations is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.
SEARCH ENGINE OPTIMISATION (SEO)
The web is unpredictable, search engine algorithms change regularly so while every effort will be made by Savvy Web Creations to have the client's website appear as high as possible in search engine rankings by the various means possible no guarantee is made as to the position in the rankings of the client site and while the clients site will be submitted to all available search engines no guarantee is made or given as to whether the said search engines actually catalogue or search the client site.
BROWSERS
Web browsers and computer platforms and combinations of them change frequently and as such every effort is made to construct the clients site to suit as many possible combinations of web browsers and computer platforms, however no guarantee is made or any responsibility accepted for the non performance in various web browser or computer platforms or if the said performance fails at a later date.
TELECOMMUNICATIONS
You the client shall pay for all transmissions charges. Savvy Web Creations is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
OVER RUNS AND UNDER RUNS
You the client will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. Savvy Web Creations will bill for actual quantity delivered within this tolerance. If the you the client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
PLACEMENT OF ADVERTISING
Savvy Web Creations does not arrange advertising on your behalf, however we will provide assistance to the client in choosing the correct form for the particular project. Savvy Web Creations does not accept any responsibility for the outcome of these recomendations.
INSPECTION OF BOOKS
Upon reasonable notice, any and all invoices from our vendors, time sheets and other documentation relating to your account will be available to you. Inspection at our studio by your authorized representative may be arranged during normal business hours.
PROPERTY AND SUPPLIER'S PERFORMANCE
Savvy Web Creations will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Savvy Web Creations is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
LIEN
All materials or property belonging to you the client, as well as work performed,
may be retained as security until all just claims against the you the client are satisfied.
RIGHTS OF OWNERSHIP
Once a project has been delivered by us and is fully paid for by you the client, Savvy Web Creations will assign the reproduction rights of the design for the use(s) described in the proposal.
According to the Copy right Law of 1976, the rights to all design and art work, including
but not limited to photography and or illustration created by independent photographers
or illustrators retained by Savvy Web Creations, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of "All Rights" (A Buyout) is negotiated with Savvy Web Creations and/or his/her authorised representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees if applicable before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.
Savvy Web Creations reserves the right to photograph and/or distribute or publish for our firms promotional
and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION
The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or "put on hold" any previously authorised purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, Savvy Web Creations will transfer to you the client all your property and materials in our control and for which you have paid. You the client will indemnify and hold Savvy Web Creations harmless for any loss or expense (including legal fees), and agree to defend Savvy Web Creations in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against you the client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
PRODUCTION SCHEDULES
Production schedules will be established and adhered to
by both you the client and the Savvy Web Creations, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in
shipment by suppliers or carriers, action of government or civil authority, and acts of God
or other causes beyond the control of the you the client or Savvy Web Creations. Where production schedules are not adhered to by you the client, final delivery date or dates will be adjusted accordingly.
ADDITIONAL PROVISIONS
The validity and enforceability of this agreement will be interpreted in accordance with the applicable laws of Australian applicable to agreements entered into and performed in Australia.
This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.
If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney's fees, court costs, and interest at the maximum rate permitted by law.
CHANGES OF TERMS AND CONDITIONS
Savvy Web Creations reserves the right to change and update any part of this legal contract found on this website.
Amended 21/4/11