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YellowBirdy Website Design & Development Terms & Conditions
Between YellowBirdy And You
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 have 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” are hiring us, YellowBirdy, (“We or Us”) to:
· Design and develop a website
For the estimated price of $299/mo + any software fees, 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 organization. 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 endeavor 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
We create designs that adapt to the capabilities of many devices and screen sizes. We may use visuals to indicate a creative direction (color, texture and typography.) We call that a ‘Style Tile.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share your site demo with you and we’ll maintain regular contact by either email or phone.
If—at any stage—you change your mind about what you want 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.
If you signed up for unlimited changes, they are defined as follows:
• Changes to basic business information, including addresses, hours of operation, phone numbers, and email addresses.
• Content changes, such as replacing text and images.
• Link updates
• Minor changes to software, such as updating form fields, image galleries, menu and service listings. This does not include creating new forms, new galleries, or new pages for software.
Any changes outside of this (i.e. full redesign, additional pages, software integrations, etc…) will be subject to additional charges, for which we will provide a separate estimate.
Your Soar website includes a limited amount of copywriting service. We will add headings, subheadings, and a paragraph (5-8 sentences on average) to each section of the website. We provide professional copywriting and editing services, so if you’d like us to create extra content, outside of what is outlined in the Soar package, we’ll provide a separate estimate.
Graphics and photographs
You should supply graphic files (i.e., logos) in an editable, vector digital format. You should supply photographs in a high resolution digital format. Your website includes up to 15 photos, after 15 photos you will qualify for a free gallery up to 100 photos. After 100 photos, there will be a one-time $99 fee. We can provide stock photos upon request, and they may be subject to additional charges
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), and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately.
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
We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers.
You may already have a domain and you might even manage that in-house; if you do, great. If you don’t, we will recommend one of our preferred domain providers or buy it for you. We will host your website on three redundant servers with a 99.9% up-time, meaning your website will probably never be down.
Search engine optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines and we will do our best to ensure your website has appropriate metadata and at least one backlink for SEO.
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 amount of labor hours 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, upgrade to a bigger website package, or add anything new, that won’t be a problem as we’ll provide a separate estimate for that additional time.
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.
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. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. However, we will charge an export fee of $100 for labor if you choose to cancel your YellowBirdy contract. 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.
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. We also have the right to credit YellowBirdy as your web design company in your footer.
We’re sure you understand how important it is as a small business that you pay for the services you are getting. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
We will bill you automatically on the same day each month. This date will be the date of your first bill. If you’d like to change the date, please email us at firstname.lastname@example.org.
All proposals are quoted in USD 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
If your payment is more than 30 days overdue, your services will be suspended until payment is reconciled.
But where’s all the horrible small print?
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’ll 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 U.S. courts.
Oh, and don’t forget our fleet of fighting falcons.
The dotted line
You’ll sign on our enrollment form, yellowbirdy.com/soar-enrollment.
Everyone should keep a copy for their records.
YellowBirdy is dedicated to helping small businesses optimize and grow their businesses through technology.