SUMMARY
We will always strive to meet your expectations, but it’s crucial to have everything in writing so both parties understand the expectations, responsibilities, timelines, and what happens if something goes wrong. This agreement is simple, with no complex legal jargon—just clear terms to ensure mutual understanding and a smooth working relationship.
In short, You Nina Link - South Coast Diving Co. - (“You”), are hiring us Innovative Marketing SA (“We or Us”) to design and develop a website for www.southcoastdiving.co.za for the total price of R25,000.00 as outlined in our previous correspondence.
Once we receive the signed agreement, we will issue an invoice. The project will be scheduled as soon as payment has been received.
PAYMENT SCHEDULE
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.
Please be aware that as this is a complex website, there may be minor additional fees, plugin/backend dependent. However, we will always keep you in the loop for these factors.
1st payment 25% R6,250.00 to book the project date
2nd payment 50% R12,500.00 deposit (before the commencement date, which will be provided to you once booked)
3rd payment 25% R6,250.00 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 the exclusive jurisdiction of all applicable courts.
Everyone should keep a copy of this signed document for their records.
What do both parties agree to?
Your Responsibilities:
- You confirm that you have the authority to enter into this contract on behalf of yourself, your company, or your organisation.
- You agree to provide all required assets, information, and approvals in the requested formats and within the agreed-upon timelines to avoid project delays.
- You will review our work, provide timely feedback, and adhere to the deadlines we set together.
- You agree to the payment schedule outlined in this contract and will ensure prompt payments as agreed.
Our Responsibilities:
- We have the expertise and experience to deliver the agreed-upon services professionally and efficiently.
- We will make every effort to meet agreed deadlines and maintain open communication throughout the project.
- We will handle all information, materials, and data you provide with confidentiality and will not disclose them without your permission.
By working together with transparency and commitment, we aim to ensure a successful and productive collaboration.
CLIENT RESPONSIBILITY
South Coast Diving Co. acknowledges that Innovative Marketing SA is an independent entity and not an employee. This engagement is a collaborative, professional relationship based on mutual respect, courtesy, and consideration, similar to a partnership of equals.
To maintain efficiency and minimise miscommunication, South Coast Diving Co. agrees to designate a single point of contact for all communications. Given the virtual nature of this collaboration, South Coast Diving Co. recognises the critical importance of clear and timely communication, particularly via email, and commits to responding promptly to queries, requests, and communications from Innovative Marketing SA.
Furthermore, South Coast Diving Co. understands that Innovative Marketing SA serves multiple clients and requires reasonable notice to accommodate requests and projects effectively. A lack of planning or miscommunication on the part of South Coast Diving Co. shall not constitute an emergency for Innovative Marketing SA. Where necessary, Innovative Marketing SA may request further clarification on project details to ensure expectations are met and to deliver the highest quality of service.
DESIGN
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.
WEBSITE CONTENT
Please refer to the accepted proposal.
*Do note that there is an annual renewal/fixed fee related to the renewal of tools linked to the site, and it is compulsory.
TEXT CONTENT
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 capitalised the way you want it. For example, 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 we 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.
HTML, CSS AND JAVASCRIPT
We deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, polyfills and behaviours.
BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different-sized 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 agree 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 agree separately. If you need us to test using these, we can provide a separate estimate for that.
TECHNICAL SUPPORT
We are available by email and ZoomSphere for technical support. This 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
Our office hours are Monday to Friday, 9:00 a.m. to 03:00 p.m. (South African Standard Time). Email and our collaborative calendar software are the primary means of communication between South Coast Diving Co. and Innovative Marketing SA®.
We are available for phone calls during office hours, but unplanned calls longer than 10 minutes will be billed. Telephoned or video meetings should be scheduled at least 24 hours in advance. Cancellations require 24 hours' notice; missed meetings or insufficient notice will incur a charge of R 570.00 per hour.
AVAILABILITY AND COMMUNICATION
This project includes a set number of hours for management. Time spent in meetings (on-site or virtual) will be deducted from the allocated hours.
We are available via email and ZoomSphere Monday through Thursday from 8:00 am to 4:00 pm, Fridays from 8:00 am to 12:00 pm Central African time. Our normal response time is one business day, though our response time may vary. We do not work on weekends or holidays.
Email and ZoomSphere are the primary means of communication accepted for our work together. We do not communicate via mobile phone, text message, social media, or instant/private messaging (like Facebook Messenger) since we cannot track these requests as a team. No response will be made to any messaging or notices through those unapproved means as those methods of communication will not be monitored by support personnel.
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, backups will be kept for four weeks. We will continue to provide support, updates and tweaks to the website for up to 30 days post-launch.
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. We do offer a monthly Care Package that includes regular software updates, daily backups, and security checks. For a full feature list of all that is included in the Care Package, please send us an email requesting more information.
If you would prefer not to continue the service, you will need to keep your website software updated. We can provide system updates on request, but there will be an extra cost involved.
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. If you are not signed up for our Care Package, 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.
DORMANT WEBSITES
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 a refund.
Should you, in the future, wish to continue the project within a six-month period, a R1,500.00 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.
GRAPHICS AND PHOTOGRAPHS
Basic artwork is included. If additional photography is required, you will need to provide images, or we can arrange this through our partner photographer for an extra charge. Please supply logos in editable, vector format and, ideally, provide a brand guide.
You should supply logos in an editable, vector digital format. If you have a brand guide, that would be even better! Should you require a brand guide, please discuss options with us.
LEGAL STUFF
We will provide services in line with industry standards. However, we cannot guarantee that our work will be error-free, nor can we be held liable for lost profits or any other incidental, consequential, or special damages. Your liability to us is limited to the fees paid under this agreement.
In the event that any provision of this agreement is found to be unenforceable, it will be deemed severable, and the remainder of the agreement will remain in force.
INTELLECTUAL PROPERTY RIGHTS
You guarantee that any materials you provide (text, images, etc.) are either owned by you or you have the right to use them. We guarantee that any materials we provide are either owned by us or we have permission to use them.
Upon full payment, we will assign all intellectual property rights to you, except for any pre-existing intellectual property or work developed separately from the project. We retain ownership of any work produced before or outside this project.
Content produced by us will remain under Innovative Marketing SA® trademark and may not be used outside the agreement period without written consent.
DISPLAYING OUR WORK
We may display aspects of the work we complete, including drafts, final designs, and articles, in our portfolio or other publications.
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