Freelancer Terms of Trade - Tania Richardson

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 and respond to client queries in a timely, professional manner
  3. 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
  4. To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

UX/UI 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.

UX/UI Design & WordPress Development

  1. Any design changes out of project scope will incur an additional charge or $120 + gst p/hr.
  2. Included with your designs, are three revisions. 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 p/hr + GST. Any additional functionality or programming tasks will be done at $120 p/hr + GST. Approvals can be made verbally or in writing.
  4. Your website/designs 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.  Your website is not designed to be printed.
  5. RICHARDSON CREATIVE takes no responsibility in lost income due to delayed timelines
  6. 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.
  7. 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.
  8. All photography and graphics for the website are to be supplied by the client at the client’s expense.
  9. 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).
  10. 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.
  11. Colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
  12. Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.
  13. 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.
  14. In order to begin any project a 40% deposit is required

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.
  3. 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.
  4. 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.
  5. RICHARDSON CREATIVE will take 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.
  6. None of RICHARDSON CREATIVE’s sites have SSL (Secure Socket Layer) capability at the site’s domain name. SSL is an added security protocol 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.
  7. Our websites are hosted on shared VPS servers used by RICHARDSON CREATIVE clients only.
  8. Due to RICHARDSON CREATIVE LTD being a remote business, we do not attend meetings prior or during projects.  This is to maximise the time I’m working on projects and getting things done for you.
  9. 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.

On-going service.
Is it not the responsibility of RICHARDSON CREATIVE to remember website passwords and we are not obligated to respond with password request via email, text or message.

We are not obligated to keep files on hand.  All files are delivered to you at the end of the project and are deleted 3 months after the project.

Payment Terms

  1. All prices quoted are including GST unless you are outside of New Zealand
  2. Our hourly rate is $120+gst and is billed on time spent regardless of the project estimate.
  3. 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.
  4. The remaining 60% of the design package payment will be invoiced when the site is built or the designs are delivered. Note this is not the launch or “go live” phase.
  5. Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
  6. 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/invoice.
  7. All invoices are due 7 days from invoice date unless otherwise stated.
  8. 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 our services. In such cases, the client will pay any associated collection costs.
  9. Overdue invoices that are not paid within 30days of the due date will incur an interest charge of 5% per month.

By working with RICHARDSON CREATIVE LTD, signified by a payment deposit, email confirmation and/or a signed contract/proposal you understand and comply with these terms of trade.