Teracore

Osti Website Contract


*Please read through the contract and sign at the bottom.

The contract

Between Teracore

And  

 

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, 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’ve no 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.

So in short;

You , located at

 

(“You”) are hiring us (Teracore) (“We or Us”) to:

  • Design and develop a web site

For the estimated total price of R50 000.00 as outlined in our previous correspondence.

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 give us the assets and information we tell you we need 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 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

 

Design

We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS, so we won’t waste time mocking up templates and static visuals.

We have the PDF report to guide our direction – this will be used to establish look and feel of the site.

You’ll have the opportunity to review our work and provide feedback before we launch the site. 
We’ll have contact by either phone, email or a video call to keep you posted on updates and clear up any questions during development. During these calls, we can show you small sections of the site as they’re completed.

If—at any stage—you change your mind about what you want to be delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.

 

Text content

Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.

 

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.

 

HTML, CSS and JavaScript

We deliver pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for 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 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 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: Safari and Google Chrome

Android: Google Chrome, Fire Fox, Microsoft Edge

We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.

 

Technical support

We provide web hosting and email services and our website care packages come with priority email and chat support.
Clients who are not subscribed to a care package will be provided with an estimate for any website, email or server support.
If you host your website or email yourself, or through another company, the updates to, and management of those servers will be up to you.

 

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.

 

Changes and revisions

The project has started behind schedule and has a hard deadline for release.
Timelines are short – so we don’t have the luxury of multiple reviews or non-essential changes. 

To stick to deadlines, changes need to be limited to critical revisions only.
These include bugs, responsiveness issues and display or copy errors that directly impact the success of the report.
Please keep this in mind during the review process.

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 after the launch of the report.

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.

 

Legal stuff

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 number 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.

Halfway through, phew.

 

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.

You should probably read that again. ^

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 constitutes 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.

 

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Payment details:
R50 000 (excl VAT) in total for the design and development of your new website.

Payment schedule:
50% on receipt of the invoice and the remaining 50% on the website launch day.

We issue invoices electronically.

All proposals are quoted in South African Rands (ZAR) 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. We reserve the right to charge interest on all overdue debts at the rate of 2% per month or part of a month.

 

Where’s all the small print?

Like a traffic fine, 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 South African courts.

Everyone should sign below and keep a copy for their records.

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This document is a variation of the contract killer by Andy Clarke –

https://stuffandnonsense.co.uk/projects/contract-killer

Leave this empty:

Signed by Megan Casey
Signed On: May 8, 2020

Signature Certificate
Document name: Osti Website Contract
Unique Document ID: f1dd895e1433f915ee33793408da295bc5734b1b
TimestampAudit
May 8, 2020 12:57 am SASTOsti Website Contract Uploaded by Megan Casey - meganc@teracore.co.za IP 155.93.178.113
May 8, 2020 4:09 am SAST Document owner admin@teracore.co.za has handed over this document to meganc@teracore.co.za 2020-05-08 04:09:17 - 155.93.178.113