Service Agreement

SUMMARY

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.

WHAT DO BOTH PARTIES AGREE TO DO?

As my client, you have the power and ability to enter into this contract on behalf of yourself, your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of these terms.

I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off on work on-time at any stage. On top of this, I will also maintain the confidentiality of any information that you give me.

GETTING DOWN TO THE NITTY GRITTY

DESIGN

I create designs iteratively and use predominantly Adobe Suite. This agreement includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at an hourly rate of $40/hr.

CHANGES AND REVISIONS

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimated/quoted prices we’ve discussed are based on the time that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. Such requests made after you’ve been provided an estimate will be considered out of scope, though, so you will be charged an hourly rate of $40/hr to incorporate these requests or we can discuss a separate project estimate.

PROJECTED TIME FRAME

We will work hard to complete all projects in a timely manner (and we’ll provide you a time fraus in your estimate, as well). We’ll keep you in the loop throughout our project with status updates, answers to any of your questions, or maybe even with questions of our own in the process. However, a timely launch depends wholly on mutual cooperation in providing necessary assets, including text, images and other information as and when needed, and in the format requested. With timely reviews, feedback and sign-off approval, we’ll be able to meet our estimated time frame. Deadlines work two ways, and provided that both sides are able to meet mutually agreed upon deadlines, the site will be launched in stated time frame.

If any requests we make are not met or any assets that we request are not provided within 15 days of the date initially requested, all money is forfeited to Caribbean Travel Marketing. and the project will be cancelled without notice.

Any projects exceeding 10 weeks due to delayed response, asset acquisition, and/or incorrect asset formatting may be charged a $250 excess fee.

PORTFOLIO

By signing this agreement, you allow Caribbean Travel Marketing to use any designs in their professional portfolio as well as on their website.

DATA MIGRATION

Caribbean Travel Marketing is not responsible for any lost data, billing errors, and contract composition and viability.

LEGAL STUFF

AUTHORIZATIONS

You agree to provide access to any hosting, domain account, and/or blog account for the sole purpose of installing and updating content as needed. This includes but is not limited to your domain name registrar (the site where you bought your domain name), your hosting account, hosting cPanel, any necessary databases, and your blog’s dashboard. You are more than welcome to create a new admin user for me if you would prefer, but I will need admin level access to make magic happen.

COPYRIGHTS

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to me for inclusion in your designs are either owned by your good self, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that we create for you for this project. All graphics and design work should not be used for any other purpose than what was originally agreed upon. We will give you a copy of all graphics and you should store them in a safe place as we are not required to keep them or provide any native source files that we used in making them.
  • You also own text content, photographs and other data you provided, unless someone else owns them, then you’re subject to their copyright agreements.
  • We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles, and in books about web and/or graphic design.

PAYMENTS

We are sure you understand how important it is as a small business that you pay the invoices we send you promptly.

SCHEDULE

In order to begin a project costing more than $500, 50% of your estimated project rate is due before the project start date. The remaining 50% of your project balance is due prior to hand off. You are welcome to pay the full cost up front.

Projects commissioned on an hourly basis are invoiced upon completion and must be paid in full within 14 days. We reserve the right to hold all work requests until payment is received on invoices totaling $750 and above.

If we have otherwise agreed upon another payment schedule or arrangement, you may refer to it. In all cases, services require a deposit prior to the beginning of our project.

REFUNDS

Because our services are digital and/or creative, we cannot and will not provide refunds for any reason.

CANCELLATION POLICY

You have the right to cancel our contract at any time, and we retain that right, too. If you choose to cancel your project prior to project completion, your deposit will not be refunded. If you choose to cancel your project 14 days or more prior to your project’s starting date, you may reschedule your project or we will retain your deposit until you’re ready to get started, but it will not be refunded to you. If you choose to cancel less than 14 days prior to or after the starting date of your project, you will lose your deposit in full and can reschedule with another deposit. If we choose to cancel our contract, we will not issue any refund from work due. No exceptions.

BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?

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. 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.

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for any 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 Bonaire.