01. Services Rendered
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture, and typography.)
You’ll have one or more opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you will pay us in full for everything we’ve produced up to that point and then cancel the contract.
1.2 TEXT CONTENT
Writing or providing any input into text copy is not included in this contract. This is referring to the verbiage that will be used throughout your project such as company information, bios, services, etc. You are responsible for providing the text content for all aspects of your project.
You’ll need to supply graphic files to us in an editable, vector digital format if needed. Photographs must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and styles of photography/images. If you’d like us to search for photographs for you, we can provide a separate estimate for that. The cost of buying stock photographs is not included in your contract unless otherwise stated.
1.4 BROWSER TESTING
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 (Internet Explorer), and Mozilla Firefox. I’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for Internet Explorer 7 and below for Windows but we won’t test in other older browsers unless you specify otherwise. Older browsers are not supported.
Testing popular small-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.
1.5 TECHNICAL SUPPORT
We only offer technical support for website hosting, email, or other services relating to hosting, to clients who have purchased hosting with us. If you already have professional hosting, you may contact them for support with your website hosting.
1.6 WEBSITE SUPPORT
We do offer website support for up to 30-days after the completion of your website. Upon completing your website, you will receive a Welcome Kit that will detail how to make use of your website and how to make changes going forward. Should you require any additional assistance outside of the Welcome Kit, we’re happy to provide a separate estimate for that, normally billed hourly.
1.7 CHANGES AND REVISIONS
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of your contract is based on the length of time we estimate we’ll need to accomplish 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 to cover the additional work.
We can’t guarantee that our work will be error-free (We are human!) 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, even if you’ve advised us of them.
2.0 Mutual Cooperation
2.1 KEEP IN TOUCH
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed in your quote. You agree to aid us in doing so by making available to us needed information pertaining to your project and cooperating with us in expediting the work. If work is purchased and the client stops responding to emails after 30 days, your project will be deemed forfeited and no refund will be provided. If the Client would like to continue after the project has been forfeited, a restart fee of $100 will be charged and the project turnaround time restarts completely. This turnaround time is subject to our current availability, not the originally quoted availability.
2.2 COMMUNICATION METHODS
All communication between KRUSH and the client must be done via Email. While we accept calls for consultations, continued phone calls after booking are at our discretion due to the nature of our creative schedule. All Emails are responded to within a 48-72 hour time frame during business hours. However, response times may be extended during peak times.
2.3 PROVIDING INFORMATION
All questionnaires must be completed within 5 business days after being sent. If not, your order will be canceled and no refund will be issued. The client has up to 7 business days to provide proper feedback (revisions) after each draft is sent. If the client fails to respond within this timeframe, the order will be closed and the client will be sent the final files as-is. If the client would like to resume the project with revisions, there will be a $50 inconvenience fee requested via invoice, and the turnaround time will restart.
2.4 WITH ALL DUE RESPECT
Professionalism and respect are essential on both sides of the business. If at any time client becomes disrespectful and intolerable, KRUSH reserves the right to terminate your contract and cancel any open project, refund any payments, and refuse the right to use any work sent prior. KRUSH is an independently contracted agency. We do not work for you, we work with you.
3.0 Charges for Services Performed
Functionality or feature requests above and beyond those listed in the invoice and/or the functionality specs may be considered out-of-scope and an amendment to the invoice will be recommended. Projects that go dormant for longer than 45 days will incur a fee to resume work at the discretion of KRUSH Agency.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the payment schedule as outlined in your quote.
KRUSH Agency will invoice you for fifty percent (50%) of the initial fees at the point of the signed contract agreement which will act as the deposit. The remaining 50% or payment installments will be due upon completion of the project, 72-hours before the launch date. A project will not be complete, nor will final files/login abilities be handed over until final payment has been received.
4.2 REFUND POLICY
Design and development projects require extensive resources, consume our time, and incur internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom logo designs and branding projects, full website designs, individual page mockups and smaller design components within a website, etc.) and custom development projects (i.e. php programming, WordPress CMS custom development, WordPress Plugin custom development, etc.) are made to us in increments as a courtesy to the client, but if a project gets canceled, delayed or postponed by the client, then all monies paid will be retained by KRUSH Agency and if applicable, an additional cost will be charged to the client for any work completed beyond what was already agreed upon and shall be paid by the client. All projects that are completed as defined as the scope of the project are non-refundable.
4.3 CANCELLED PAYMENTS
If we receive a chargeback or payment dispute for work that has already been started and/or completed, your service and/or project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to us by the merchant), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done.
Instead of issuing a chargeback, please contact us to address any billing issues or concerns. Requesting a chargeback or opening a dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. This will also result in a permanent from the use of our services or any subsidiaries and is subject to a returned dispute and/or small claims case to resolve any outstanding balance if owed to KRUSH Agency for completed projects. Projects that are incomplete yet canceled by the client may be considered as an even split. However, we encourage you to communicate with us as we are always happy to offer a solution to terminate our contract amicably if necessary.
We shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, stock photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
5.2 CLIENT RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have permission to use them. When your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all elements of text, images, and data you provided unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only unless we agree otherwise.
5.3 WEBSITE DESIGN
As the website creator, we provide an agreement (via the contract) giving website visual design ownership to you upon completion and a final payment of the project. Otherwise, unless you or your employee created the designs (such as the layout and theme), it is owned by the creator and licensed to you. This also applies to the web server platform, programming code, database software, and CMS (Content Management System) on which your website runs. For example, we build websites in WordPress (an open-source CMS) and Shopify (a closed-source platform), neither of which abides by Intellectual Property laws, but does abide by Copyright laws. To which, you would fully own the copyright of your content and website. In addition, we don’t reuse or repurpose design work. All design work and custom coding are exclusive to each client.
6.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of the moment the contract is digitally signed and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
6.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default are not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within the said period of time unless the defaulting party commences cure within the said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction if the other party makes an assignment for the benefit of creditors if a trustee or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
6.3 PAYMENT OF NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as plugin modules, photography, and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of KRUSH Agency, that any such materials and services are non-cancelable.
6.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
6.5 TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you, KRUSH Agency shall transfer, assign and make available to you all property and materials in its possession or control belonging to you.
7.0 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
All quotes state the timeline for the completion of the project. We work very hard to stick to this 100% of the time. In the event that the time must be pushed back for any reason, it shall be communicated in writing and at the agreement of both KRUSH Agency and you.