Freelancer Terms of Trade - Tania Richardson

Terms of Trade

Terms of trade

Definitions

RICHARDSON CREATIVE LTD is referred to as RICHARDSON CREATIVE, We, Us, Our

The Client is referred to as The Client, You, Your

Our Responsibilities

RICHARDSON CREATIVE commits to:

  1. Provide the client website design, development and website hosting services that perform the functions detailed under the agreed package or proposal and additional functionality sections of the project scope
  2. To perform all services in a timely, professional manner
  3. To respond to all client queries in a timely and professional manner
  4. To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information
  5. To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:

  1. Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
  2. Follow our instructions relating to the formats we require this information so we can work with it effectively
  3. Promptly respond to our requests for feedback and approval of design concepts of RICHARDSON CREATIVE to ensure we can meet deadlines
  4. Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company
  5. Be responsible for making RICHARDSON CREATIVE fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the
additional functionality. RICHARDSON CREATIVE will not be obligated to undertake any additional functionality requests that are not listed in the project information. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of RICHARDSON CREATIVE’s ability, they will be quoted on and agreed to before work on these aspects will commence.

Website Design & Development

  1. Your website will be based on the template detailed in the project information. Any change in design after the project is under way will incur an additional charge.
  2. Included with your website package, your website concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $120+gst per hour.
  3. Once the design concept is approved, any additional design changes needed, will be done at $120 per hour (ex GST). Any additional functionality or programming tasks will be done at $120 per hour (ex GST). Approvals can be made verbally or in writing.
  4. Once the website has been built, you will be able to log in and begin to add content to the website through the Content Management System (CMS). Alternatively, if you prefer, you may provide us with your content to load for you. This will be done at $85+gst per hour.
  5. A discreet ‘website designed by RICHARDSON CREATIVE’ message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.
  6. Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content. If you wish to optimise how your website displays on smart phones such as iPhones, or devices like iPads, we can do so at $85+gst per hour. The back-end of your website (CMS) is guaranteed to work correctly on Firefox/Mozilla. Your website is not designed to be printed.
  7. RICHARDSON CREATIVE takes no responsibility in lost income due to delayed timelines
  8. RICHARDSON CREATIVE takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.
  9. If you wish to integrate any third party software with your website, RICHARDSON CREATIVE takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website. You will not expect RICHARDSON CREATIVE to perform any third party software integrations as part of their service.
  10. All photography and graphics for the website are to be supplied by the client at the client’s expense.
  11. Your website will also not have a perfect W3 Validation coding rating – if you’d like us to improve your rating we can do so by the hour.  See do our best to optimise your website for Search Engines but do not guarantee 1st page listing (no one can do this).
  12. All work created by RICHARDSON CREATIVE for the client will be owned and copyrighted by RICHARDSON CREATIVE until the time the website/images have been paid for.  Free website builds created by RICHARDSON CREATIVE are solely owned by us.  If however the client wishes to move hosting providers they are welcome to purchase the site and cost of build from us.
  13. The website design will be based around the template selected in the project information. For information websites (versus Ecommerce) the template will be used as a starting point create the front end design only. None of the template content areas will be included in the website RICHARDSON CREATIVE produces. This includes, but not limited to search boxes, content layouts, image galleries and online forms. The content area of the template will be integrated with the WordPress Content Management System (CMS) and function as in the video tutorials section at www.wordpress.org
  14. The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.
  15. Colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
  16. Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.
  17. Services purchased from RICHARDSON CREATIVE  are provided “as is” without warranty of any kind. In no event shall RICHARDSON CREATIVE be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design rests with the client.

Website Hosting

  1. RICHARDSON CREATIVE will be responsible for website hosting, to ensure the server is compatible with your Content Management System (CMS)
  2. Included with this service, you will also receive Content Management Support if you need guidance or help updating your website in future. You’ll receive this support free of charge for up to 10mins per month, and $85+gst per hour thereafter.
  3. Website hosting will be charged at the price quoted in the project information, paid monthly by Direct Debit, Paypal, or annually in advance via bank transfer. Non payment of web design services or web hosting fees may result in the suspension of your hosting account until payment is made.
  4. Website hosting payments will begin once the design concept is approved, and the website gets loaded on the server for coding. Payments will fall on either the 1st or 15th of the month.
  5. A copy of your website’s front-end can be provided on request, to provide added security and peace of mind in the unlikely event that RICHARDSON CREATIVE was unable to continue hosting the website. As the CMS ‘lives’ on RICHARDSON CREATIVE’s server, we cannot give a copy of the CMS on request, nor can we give FTP or template access to the site.
  6. A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 4GB bandwidth per month is considered fair use (the average site with RICHARDSON CREATIVE uses under 100MB disk space and under 200MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $10 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $5 per GB. Disk usage is set at $10 per GB after the first free GB.
  7. RICHARDSON CREATIVE will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality.
  8. Requests to cancel web hosting and/or domain name registration services must be made in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.
  9. None of RICHARDSON CREATIVE’s sites have SSL (Secure Socket Layer) capability at the site’s domain name. SSL is an added security protocal that some ecommerce websites use to guarantee that credit card information won’t be exposed over the Internet. There are two reasons why we don’t support SSL. Firstly, to use SSL correctly, a certificate needs to be purchased and configured, which is very expensive. Secondly, because we do not handle credit card details on any of our sites directly. In other words, all credit card transactions go through a third party system (like PayPal, SwipeHQ or DPS) so the credit card information is never in danger of being exposed.
  10. Our websites are hosted on shared VPS servers used by RICHARDSON CREATIVE clients only. This allows us to keep control of server load. On rare occasions we build sites that need to be able to handle extremely large volumes of traffic.  Examples of such sites are highly publicised expos or ticketing websites, that require a lot of visits in one time.  A shared platform is not appropriate for these kinds of sites (at management’s discretion).  We have a responsibiilty to all our clients to keep server load to a reasonable level. For extremely high volume sites, during peak volume months we require them to use Content Delivery Network (CDN) technology, which essentially caches the website in a delivery network all around the world, and across New Zealand.  This dramatically reduces page load time and bandwidth.  Google uses this technology, as does RICHARDSON CREATIVE. Involved costs are $250+gst per month in the months needed.  This is only required in extreme circumstances where one website is disadvantaging others on the server.
  11. Support for your website hosting and email will be available to you during our usual working hours, Monday to Friday, 9 am to 3 pm.
  12. We do not perform cleaning of accounts for clients should there be Malware removal or securing of accounts which have been compromised.  It is the responsibility of the site owner to ensure they have taken all measures to ensure the security of the website.  Richardson Creative can offer Malware removal services for set fee.

Email

RICHARDSON CREATIVE has partnered with Hostgator – an email/server provider to provide affordable and flexible email solutions to our clients.  You can have your own .co.nz/.com email addresses.  Their plans are $5 a month for up to five email addresses or $10 a month for up to ten email addresses.  Each inbox comes with 1 GB disk space.  All support and invoicing will be provided by Freshbooks, and you are subject to their terms and conditions.  You can read about their solution in detail here.

On-going service.
Is it not the responsibility of RICHARDSON CREATIVE to remember website passwords and we are no obligated to respond with password request via email, text or message.  We email these out at the end of each project.  At this point, our services to you have ended and any further service will be billed.

Payment Terms

  1. All prices quoted are including GST unless you are outside of New Zealand
  2. Before beginning your project, a 40% deposit of the design package price is required. This deposit is non-refundable as it covers RICHARDSON CREATIVE for the purchase of plugins, domains and/or initial consultation and design work.
  3. The remaining 60% of the design package payment will be invoiced when the site is built. Note this is not the launch or “go live” phase, which will occur once the content loaded.
  4. Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
  5. If you decide you no longer want to proceed with the project you will pay for all the work that has been rendered to date to end the contract.  Including scheduled meetings and additional work as noted in your proposal/contract document.
  6. All invoices are due 7 days from invoice date unless otherwise stated.
  7. In extreme cases of continued non-payment, we reserve the right to engage our collections agency or proceed to small claims court to obtain outstanding funds, and suspend the web and ongoing services. In such cases, the client will pay any associated collection costs.
  8. Overdue invoices that are not paid within 30days of the due date will incur an interest charge of 2% per month.