By placing an order with mama rye, you confirm that you are in agreement with and bound by the terms and conditions below.
Introduction
I will always do my best to fulfil 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 you might later regret. I do want what’s best for the safety of both parties, now and in the future.
In short
You are hiring mama rye, web & print design located in Melbourne Australia for the estimated total price as specified in our email correspondence.
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything I need to complete the project including text, images and other information as and when I need it, in the format I have asked for. You also 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, and delays in approvals etc will mean possible delays in delivery. You also agree to stick to the payment schedule set out at the end of this contract.
I have the experience and ability to perform the services you need and will carry them out in a professional and timely manner. Along the way, I will endeavour to meet all the deadlines set but 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 our work on-time at any stage. On top of this, I will maintain the confidentiality of any information given to me.
I will create designs for the look-and-feel, layout and functionality of your web site. This contract 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 me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at an hourly rate set at $100.
The estimate/quotation discussed in email correspondence are based on the number of days that I have estimated it will take me to accomplish everything that you have told me 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. You will be charged the set hourly rate of $100, however I will not begin charging / nor complete extra work without consulting you first, and receiving written approval from you that I should go ahead with the extra work at the rate specified. Along the way, I may ask for approvals / requests in writing so I can keep track of changes. Your assistance is appreciated.
Browser Compatibility
I will test all HTML, Markup and CSS in current versions of all major browsers including those made by Apple, Microsoft and Mozilla. I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 6 or below for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, I will charge you at the hourly rate set out above for any necessary additional code and its testing.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork you provide me for inclusion in the web site are either owned by your good selves, or that you have permission to use them. You are obligated to reimburse me (“indemnity”) if I get sued because content on your website infringes someone’s intellectual property rights.
Copyright
When I receive your final payment, copyright is automatically assigned as follows:
♣ You own the graphics and other visual elements that I have created for you, for this project. I will give you a copy of all files at project completion. Please store them safely as I am not required to keep them or provide any native source files used in making them.
♣ You also own text content, photographs and other data you provided, unless someone else owns them.
♣ I own the XHTML markup, CSS and other code, and license it to you for use on only this project.
Content Storage
You are responsible for maintaining and backing up your website content and database. I will provide an online tool for making this possible / easy to complete, however mama rye cannot be held responsible for lost / corrupt data in any case, or the failure of scheduled tasks using this tool.
Likewise with SEO, I will do my best to ensure your website is as search engine friendly as possible and follow any SEO instructions you provide, however I cannot ultimately be held responsible for poor rankings or lack of income through pay per click advertising.
Support
On completion of your web project, I will provide debugging supported for 30 days from the completion date. Ongoing website design / development / maintenance work will be at a cost to be agreed upon by both parties. I have added a link to my own website in the footer of your project which cannot be removed. I also reserve the right to display this project in my portfolio.
I cannot guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and therefore cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised me of the possibilities of such damages. I also cannot be held responsible for issues / errors that arise as a result of changes / additions made to the website / database by someone other than me.
Payment Schedule
Payments have been broken into the agreed number of installments, as specified in our email correspondence. I am sure you understand how important it is as a small business that you pay the invoices I send promptly.
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 any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.
By placing an order with mama rye, you confirm that you are in agreement with and bound by these terms and conditions.
