By hiring Posh Mogul for your design project, you are agreeing to the terms of service as outlined below. Upon booking a service, you will also receive a copy of these terms via email. Should you have any questions before agreeing to these terms, please contact us.
01. Services Rendered
I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (color, texture and typography.)
You’ll have one or more opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you will pay us in full for everything I’ve produced up to that that point and then cancel this contract.
Writing or providing any input into text copy is not included in this contract. This is referring to the verbiage that will be used throughout your project such as company information, bios, services, etc. You are responsible for providing the text content for all aspects of your project.
You’ll need to supply graphic files to us in an editable, vector digital format if needed. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries and style of photography/images. If you’d like me to search for photographs for you, I can provide a separate estimate for that. Cost of buying stock photographs is not included in this contract.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. I’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. I’ll implement a single column design for Internet Explorer 7 and below for Windows but I won’t test in other older browsers unless you specify otherwise. Older browsers are not supported.
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. I test in:
- iOS: Safari
- Android 4.1: Google Chrome, Firefox
- Android 3.2: Browser, Firefox
I currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers.
I only offer technical support for website hosting, email or other services relating to hosting, to clients who have purchased hosting with us. If you already have professional hosting, you may contact them for support with your website hosting.
I do offer website support for up to 30-days after the completion of your website. Upon completing your website, you will receive a Welcome Kit that will detail how to make use of your website and how to make changes going forward. Should you require any additional assistance outside of the Welcome Kit, I’m happy to provide a separate estimate for that, normally billed hourly.
CHANGES AND REVISIONS
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told us you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for to cover the additional work.
I can’t guarantee that our work will be error-free (I’m human!) so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
2.0 Mutual Cooperation
I agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Functionality or feature requests above and beyond those listed in the invoice and/or the functionality specs may be considered out-of-scope and an amendment to the invoice will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Posh Mogul.
4.0 Terms of Payment
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. I’m also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the payment schedule as outlined in your quote.
Posh Mogul will invoice clients for fifty per cent (50%) of the initial fees at point of this signed contract agreement which will act as the deposit. The remaining 50% will be due upon completion of the project, 24-hours before the launch date. A project will not be complete, nor will final files be handed over until final payment has been received.
I shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.
Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that to you, exclusively and in perpetuity for this project only, unless I agree otherwise. I can provide a separate estimate for that.
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
Period of Agreement and Notice of Termination
This Agreement shall become effective as of the moment the contact is digitally signed and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
Termination for Cause
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
Payment for Non-Cancelable Materials
Any non-cancelable materials, services, etc., I have properly committed myself to purchase for your account, (either specifically or as part of a plan such as plugin modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. I agree to use our best efforts to minimize such liabilities immediately upon written notification from you. I will provide written proof, upon request of Posh Mogul, that any such materials and services, are non cancelable.
Materials Unpaid For
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the client, Posh Mogul shall transfer, assign and make available to the client all property and materials in its possession or control belonging to the client.
7.0 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
In the event that the time must be pushed back for any reason, it shall be communicated in writing and at the agreement of both Posh Mogul and the client.