by lindabrad | May 17, 2020
We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
The person that the attached “Engagement Letter” is addressed to (“you” and “your”, ) engages Maria Yulinda Bradley trading as Launch By Monday/Lollipop Creative Studio (ABN 516 239 603 13) (“Launch By Monday”, “Lollipop Creative Studio”, “we”, “our” and “us”) to provide the Services, and we agree to provide the Services as described in the Engagement Letter in accordance with these “Terms of Service” (together with any annexures, the “Agreement”).
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.
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, 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 agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Also, as much as we’d like to, we can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.
Third Party Plugin/Extension Licenses & Support When developing your website it is likely we will need to utilise 3rd party plugins to achieve the desired functionality.
We maintain a library of premium plugin/extension licenses for use exclusively with our client projects. If a premium 3rd party plugin is required for your project is in our library, we will issue a license from our library. Launch By Monday/Lollipop Creative Studio owns the licenses for these plugins/extensions that we provide in a site build, unless otherwise stated, until such time as we are no longer in business or that the license is no longer valid.
As long as you sign up with our care plan we will keep these premium plugins updated. If you are not in our contract or care-plan, it is your responsibility to obtain your own licenses. The existing project will remain intact but outdated software and plugin might affect your website’s load time, downtime and security without the updates.
If we don’t have access to a specific plugin/extension license required for your website we will advise you where to purchase your own. The majority of these premium plugins carry yearly renewal fees which will be indicated on your initial estimate or statement of work. When purchasing your own license(s) you will be responsible for any additional costs as indicated by the plugin developer.
If you would like to add a premium plugin/extension after the project has been completed, we’ll provide a separate estimate for that.
In the event that Launch By Monday/Lollipop Creative Studio is no longer in business, when possible, we will attempt to provide the client 30-day notification so they can find an alternative solution or purchase their own license(s).
If you no longer want a premium plugin we provided, or is not in good standing with their renewal invoices, all licenses provided by Lollipop Creative Studio will be revoked and you will need to find an alternative solution or purchase their own license(s).
We will make every effort to offer support for any premium plugin/extension issued from our library. You understand that support for these plugins/extensions is provided via the plugin/extension developers, and as such, we are subject to their support response times when attempting to resolve plugin/extension related issues.
We do not provide additional website support beyond these premium plugins unless the client is actively on one of our WP care plans.
2.SOFTWARE, FONTS AND RAW FILES
Software and fonts used for the project remain our property and will not be released to you. Likewise, project raw files will not be supplied.
If you require the raw files for the project, we can provide a separate estimate for that, which includes the release of copyright to you.
4. PROJECT SCHEDULE We’ll do our best to meet the project deadlines outlined in the proposal. That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You’ll review our work and provide feedback and approval in a timely manner too.
5.PAYMENT SCHEDULE AND INVOICES You agree to stick to the payment schedule outlined in the proposal. Payment is due upfront on booking your 1 Page Sales Website and will be invoiced when you book your date. You agree to pay the monthly payment every month thereafter for the duration of the contract (11 months) and to pay our invoices in accordance with the terms stated on the invoice. You agree to have your credit card payment captured securely through Stripe for your convenience and protection for your monthly payment.
7. CANCELLATION If you cancel prior to your agreement time we have a cancellation fee of 50% of your remaining balance and your site will be scheduled for deletion within 2 weeks. If you want to keep your site and move it to your own host our buyout fee is $900 for us to package your site and database and give it to you to self manage, this would be on top of any cancellation fees if you did not complete your contract.
9.OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them unless if you pay your cancellation fee.
11. THIRD-PARTY VENDORS We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors.
12. RUSH FEES The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. Rush work means work that you request us to complete within one (1) week of your request. Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation (or, if not previously quoted, of our standard charge) for the type of work requested.
“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
14.LIMITS ON LIABILITY While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We will use our best efforts to prevent errors and omissions from occurring., but ultimately it is your responsibility to sign off the proof before we release the final artworks. We are not responsible for printing cost for artworks that you sign 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 arising out of the design errors, even if you have advised us of the possibilities of such damages. 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.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.
Specifically, we will not be responsible or liable to you for damages or loss caused by: – your use of the designs and deliverables in ways that are not covered by the licences we grant to you; – anything done by us on your instructions, or using material you provided to us; – any breach of these terms and conditions by you; – any legal, governmental, contractual or other approvals that were required but which you did not obtain, and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
15. FORCE MAJEURE Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
SubjectBillingTechnical SupportContent Edit
The following terms (the “Terms”) set out the basis on Launch By Monday (ABN 516 239 603 13) (“we”, “us”) agree to make the services of the website at the URL launchbymonday.com (the “Website”,) available to you. Incorporated into the Terms by reference are:
By using the Website you agree that a legally binding agreement will be formed between you and Launch By Monday on these Terms. If you do not agree with these Terms, do not use the Website.
You must only use the Website for:
All rights not expressly granted to you under clause 1 are reserved by Launch By Monday. Your use of the Website does not give you any proprietary rights in relation to the Website.
03. Registration Details
04.Your obligationsYou agree that:
even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of the agreement between you and us.
COLLECTION AND USE OF PERSONAL INFORMATION
When you register with us to obtain an Estimate we collect personal information you give us which may include (but is not limited to) your name, phone number, email address, and other information you willingly and knowingly deliver to us (“Personal Information”).
When you browse the Website, we automatically receive your computer or mobile device’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. From an IP address it is possible to determine the general geographic location of that computer, but otherwise is anonymous. We do not keep a record of the IP addresses from which users access our website unless you have specifically provided us with information about yourself and in which case we also record your IP address for security purposes.
We use your Personal Information to complete transactions, respond to your questions and requests, deliver our services as a result of an Estimate, with your permission, notify you of upcoming events and promotions, updates, or special offers that we think may interest you.
NOTIFICATIONS AND OPTING OUT
When you provide us with Personal Information we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your Personal Information for a secondary reason, like notifying you of upcoming services and special offers we think you may enjoy, we will either ask you directly for your express consent, or provide you with an opportunity to decline or opt-out.
You have the option to opt-out of receiving emails from us at any time by clicking on the “unsubscribe” link in any email communications that we might send you. Alternatively, you may also contact us at email@example.com and confirm your email address and unsubscribe request.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose information to service providers we have retained to perform services on our behalf. Where information is shared with third parties, they are obligated to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided.
We may also disclose your Personal Information to a law enforcement agency if we are required by law to do so or if you violate our Terms and Conditions.
If our store is acquired or merged with another company, your Personal Information may be transferred to the new owners.
Any Personal Information which is supplied and transmitted through the Website is protected via SSL Certification technology and HTTPS protocol in an attempt to stop your information being intercepted or read by unauthorised persons.
Unfortunately, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of user information at any time. We accept no liability for breach of security or any unintended disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data.
You acknowledge and agree that you provide your Personal Information at your own risk.
Please ensure your anti-virus software, firewalls and other protection programs are kept up-to-date as we accept no liability for damage caused to your computer equipment arising from computer viruses, worms, spyware programs or otherwise.
Please refer to the privacy policies and statements of other websites and obtain information regarding their information collection, use and disclosure policies.
A cookie is a small data file that a website transfers to your Internet browser for identification purposes. Your browser stores the message in a file and the message is then sent back to our servers each time your browser requests a page from our servers.
Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you will need to adjust the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer or mobile device.
ACCESS AND CORRECTION OF YOUR PERSONAL INFORMATION
If you wish to verify the details you have submitted via the Website, you may do so by contacting us via the email address given below. Our security procedures mean that we may request proof of identity before we reveal information.
You have the right to access the information which we hold about you. You can also ask for corrections to be made.