What do Both Parties Agree to?
You (The Client): 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 in this contract.
Us (Eden Valley Creative): 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.
Content & Testing
Unless agreed separately, we’re not responsible for inputting additional 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 can provide a separate estimate for that.
You will supply your copy in form of a word document and/or e-mail. It is your responsibility to ensure you have the appropriate rights to any content supplied. Required copy/content should be supplied in a timely manner, no later than 10 working days after request.
The price of purchasing images, video services or custom photography is additional. All image purchases will be agreed with you in advance. We are not responsible for any copyright issues from images supplied by you. It is your responsibility to ensure you have the appropriate rights to any content supplied.
You should supply graphic files in an editable, vector digital format and in a high resolution digital format. If photographs need editing, we will provide a separate estimate for this.
Required images should be supplied in a timely manner, no later than 10 working days after request.
Changes & Revisions
We don’t want to limit your ability to change your mind. The price at the beginning of our contract is based on everything you’ve told us you want to achieve, but we’re happy to be flexible. 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 the additional work.
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), and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other, older browsers unless this is agreed to 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 9: 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 agreed to separately. If you need us to test using these, we can provide a separate estimate for that.
Hosting & Technical Support
We offer WordPress website support, which you can buy on our website. If you don’t have a hosting provider, we can set up your website with the eco-friendly, green web host Kualo. We can connect your website to a statistics software, such as Google Analytics, and integrate an email marketing plugin, such as Mailchimp. We don’t offer technical support for website hosting, email or other services relating to hosting but are happy to refer you to an experienced professional in our network.
You are responsible for paying for and maintaining any required hosting solutions and associated services. Eden Valley Creative is not responsible for down time, poor performance, or loss of data.
We require a deposit prior to the commencement of any website development/optimisation work. The payment schedule is as follows: 40% deposit, 60% due on date of website/project delivery.
For monthly support services, as agreed in our customised Scope of Work, a monthly recurring charge is due during the term of the agreement with the first payment to be made on signing of the agreement, and thereon after on the 1st of each month.
You agree to pay us an agreed hourly rate, to be billed in 30-minute increments for all work done on and/or off site for any additional website design, development work or training that exceeds the Scope of Work, or for any work done for you following the final publication of your website.
Business Hours & Rush Work
We are available during our normal business hours which are 9a.m. to 5p.m. Monday through Friday. Our standard turnaround time for most tasks is 3-5 working days, unless otherwise agreed. The surcharge for rush work (less than 3 days) shall be the standard hourly rate plus twenty-five percent (25%).
Within the duration of our agreement, we will make every effort to reply to your enquiries within 48 hours (during workdays) except where you have been previously notified of a period of limited availability.
Right to Cancel
If after 60 days (2 months) from the commencement of our agreement, you are not completely satisfied with the services provided by Eden Valley Creative, you may cancel the agreement by giving a one-month notice to Eden Valley Creative in writing or via email. Failure to follow the cancellation policy mentioned in this clause will result in continued billing.
If after 30 days (1 month) from the commencement of our agreement, we deem the business relationship between us and you to be significantly inharmonious, ill-suited or discordant, we may cancel our agreement by giving a one-month notice to the client in writing or via email.
We further agree that in the event the agreement is cancelled/terminated for any reason, you shall not be liable to pay the fees from the effective date of termination of the agreement.
In the event of any delay on your part to pay the fees within 7 working days from the due date, it would constitute a material breach of the agreement by you and Eden Valley Creative shall have the right to stop execution of any and all services to the client related to this agreement after the expiry of such period until all outstanding dues have been cleared.
Eden Valley Creative retains the rights to subcontract any portion of the contract with the client’s permission not to be unreasonably withheld.
Displaying our Work
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.
Responsibility for Dishonour
You may at any time during the term of our agreement, relieve us of our services if we are found to be operating unethically, maliciously, with fraud or with dishonour to you.
We may at any time during the term of our agreement, terminate the agreement if you are found to be operating unethically or with dishonour towards us.
Any sensitive figures, data, sales projections, budget amounts, sales reports, etc. relating to you will remain confidential and will not be shared with anyone outside the company. Both parties agree that they will not disclose to any third party or use any confidential information of the other party, except as expressly permitted in our agreement, and that we shall take all reasonable measures to maintain the confidentiality of all such confidential information. The obligation of confidentiality shall not apply to any disclosure (i) of information that is in or enters the public domain other than by reason of a breach by the person receiving such information, (ii) of information that was in the possession of the receiving person prior to its disclosure to such person, or (iii) required by law, regulation, legal process, or order of any court or governmental body having jurisdiction provided, however, that prior to such disclosure, the party who is required to disclose the information shall inform the other party and consult with that party as to the information which will be disclosed and, provided, further, that the information so disclosed shall be limited to that legally required to be disclosed pursuant to such law, regulation, legal process, or order of any court or regulatory/government authority.
Eden Valley Creative will carry out work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. Eden Valley Creative is not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, or any damages based on injury to person or property.
Your liability to Eden Valley Creative will also be limited to the amount of fees payable under our contract and you won’t be liable to Eden Valley Creative or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if Eden Valley Creative have advised you of them.
You agree that 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.
Eden Valley Creative agrees not to use any copyright material from sources not provided by you which can lead to legal complications for the client. You agree not to provide any photos or content which can cause any legal complications to us.
Neither party shall be liable or responsible for any failure or delay to perform any of their obligations under this agreement when such failure or delay is due to Force Majeure, which term shall include fire, riot, strike, lockout, war, civil commotion, accident, breakdown of plant or machinery, flood, labour unrest, acts of God or nature, omissions or acts of public authorities, changes in law, regulations or policies of the Government or any other reason beyond the control of all parties.