This agreement is between Innovative Marketing SA™️ and Andre Delport - ( Wild 5 Adventures )
If you have any questions about what is outlined here, please be sure to pop me an email! I’d be happy to discuss further.
CLIENT : Andre Delport
DOMAIN : https://wild5adventures.co.za/
DATE : 07/18/2022
SIGNED CONTRACT DUE DATE: 08/31/2022
PROJECT START DATE:
The current project timeline is 4 to 6 weeks, we will send updates and links to pages for viewing and feedback throughout the build.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what to expect, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We don’t have any desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In short, You Andre Delport - Wild 5 Adventures - (“You”), are hiring us Innovative Marketing SA™️ (“We or Us”) to Design and develop a website for https://wild5adventures.co.za/ for the total price of R 13,799 as outlined in the accepted proposal.
As soon as this signed agreement is received, we will invoice you and schedule the project once payment has been received.
Of course, it’s a little more complicated, but we’ll get to that.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll provide us with the assets and information we inform you we require to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by the dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.
GETTING DOWN TO THE NITTY GRITTY
Wild 5 Adventures understands that Innovative Marketing SA™️ is not an employee and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, Wild 5 Adventures understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Innovative Marketing SA™️ in a timely manner. Wild 5 Adventures understands that Innovative Marketing SA™️ is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Wild 5 Adventures's will not constitute an emergency for Innovative Marketing SA™️. Wild 5 Adventures understands that Innovative Marketing SA™️ may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality of work.
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs interactively and use predominantly HTML, PHP and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture, and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Please refer to the proposal.
Should your website be an e-commerce site, do note that you will need to provide a completed spreadsheet of all of the products. You will be supplied with an items spreadsheet to complete in order for us to populate the shop. This will include the item name, description, sizes, variants and so forth. The images will need to also be named the same as your item name in order to be updated correctly.
Although we will give you guidance and walk you through the content that is required for your website, you will be required to provide all the text for the website. Please make sure that the text is written and capitalized the way you want it. e.g. if it is written in ALL CAPS, we will presume that you want it added like that or else, we will have to charge extra for editing it for you. We are not responsible for correcting grammar or typos but will provide guidance where possible. You will be able to edit the text yourself at any time once the development process is complete if there are any tweaks you wish to make.
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.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing using popular smaller 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. We test our designs in:
iOS 9: Safari, Google Chrome
Android: Google Chrome on Android Emulator
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We are available by email for technical support. Email works best for us for two reasons:
- It gives us time to research your query should we need to
- It provides a supported trail that you can refer back to, should you need help with the same issue again
OFFICE HOURS & COMMUNICATIONS
Office hours are Monday through Friday, 9:00 am to 03:00 pm. Email and ContentCal are the main sources of communication between Wild 5 Adventures and Innovative Marketing SA™️. Innovative Marketing SA™️ is available for phone calls ONLY during office hours. However, the time of both parties must be respected, and unplanned calls lasting over 10 minutes will be billed to Wild 5 Adventures. Telephoned or video meetings must be prescheduled no less than 24 hours prior. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed R350 to Wild 5 Adventures.
WEBSITE BACKUPS AND SOFTWARE UPDATES
It is important to keep your Wordpress installation backed up and up to date.
We will implement a weekly backup schedule.
We use Wordpress to design our websites. Wordpress is continually being improved and updated. From time to time updates are released that will require you to update your website. Ongoing updates are not included in the website design project. However, our hosting services include regular software updates, daily backups, and security checks.
We always design our websites and themes to the latest Wordpress and plugin specifications. Should a future update cause the design of your website to change or cause errors, we can provide troubleshooting and rectify any problems. There may be a cost involved based on the complexity of the changes and the time involved.
CHANGES AND REVISIONS
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.
We include three rounds of revisions during the design and development phase. Each revision should be sent in one email with a list of changes to be made. Should a Skype call be required to talk through some of the changes, we may schedule one.
It is incredibly important that the project moves along smoothly, so please be prepared to respond and supply feedback in a timely manner. If you take more than 10 working days to return communication about your project, the project is subject to be declared dormant without refund.
Should you, in the future, wish to continue the project within a six month period, a R 1500 reactivation fee will be due before we add the project to our schedule again.
Should you wish to continue with the project after six months, the reactivation fee will be payable and we will have to re-quote the project based on our current prices.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will 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, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
INTELLECTUAL PROPERTY RIGHTS
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
That was a mouthful!
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitute a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
DISPLAYING OUR WORK
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we are also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
1st payment 25% R 3,449.75 to book the project date
2nd payment 50% R 6,899.50 deposit (before the commencement date, which will be provided to you once booked)
3rd payment 25% R 3,449.75 balance before the website goes live OR 60 days after the project start date whichever comes first.
We issue invoices electronically. Our payment terms are SEVEN days from the date of invoice by EFT. All proposals are quoted in SOUTH AFRICAN RANDS or US DOLLARS and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
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.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of all applicable courts.
Everyone should keep a copy of this signed document for their records.
Approved by CLAUDIA SHERRIN and on behalf of Innovative Marketing SA™️
Please type your full name below, and sign in the large box underneath using your stylus, your mouse, or your finger to authorise the contract. By electronically signing this document, you agree to the terms as mentioned above. After the document is signed, you can proceed to print it.