(“You”) are hiring us (Budget Wise Marketing) (“We or Us”) for the above selected service(s): What do both parties agree to? You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. 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 agreement. 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 endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us GETTING DOWN TO THE NITTY GRITTY Design We create our websites using WordPress. We design flexible layouts that adapt to the capabilities of many devices and screen sizes. You’ll have plenty of opportunities to review our work and provide feedback. If need be, we’ll either use a Dropbox folder, Google Drive folder or use another file sharing method to share files that are needed for the project. We will have regular, possibly daily contact depending on the project timeline. If, at any stage in the website build/design, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and we can stop the website build/design project. Graphics and photographs You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that. 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 (Edge), and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that. Mobile browser testing Mobile browser 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 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. Changes and revisions We don’t want to limit your ability to change your mind. The price at the beginning of this agreement is based on the agreed upon services at the time of this agreement. However, we’re happy to be flexible if you want to add additional features/functionalities/services. 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 those additional modifications. Legal stuff We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free 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, even if you’ve advised us of them. If doing marketing or advertising services with us, we strive to bring you a return on your investment, however we cannot and do not guarantee a return on your investment. As with any type of marketing and advertising, there is always a risk that there will not be a return on your investment. In addition, while we strive to make sure your website is live most of the time, there may be times it goes down outside of our control. If you have managed hosting services with us, it will include uptime monitoring so that we are notified if it ever goes down so that we can work to get the website back up as quickly as possible. Also managed hosting includes platform and plugin updates. If you would like additional security we offer a malware add on to try and stop hackers from hurting your site. While having these solutions in place definitely help, we cannot guarantee that your website won’t go down, get hacked or get infected by malware. Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them. Finally, 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. Phew. Intellectual property rights Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world. Blimey. First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows: You’ll own the website files plus the visual elements that we created for the website once you have paid for the website build in full. If your particular agreement has a waiting period for ownership you would have to wait until the waiting period is over and the account is in good standing to have ownership rights of the website files. Once ownership rights of the website files has been established, we can give you source files and finished files upon request. Once you have the files you should keep them somewhere safe as we’re not required to keep a copy. In addition once you own the website files, you will own the rights to all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. Displaying our work We love to show off our work, so 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. Payment schedule Our services are prepay and setup on autopay via ACH or Credit/Debit Card per the agreement(s) on the following page(s). Any declined payments would need to be resolved within 72 business hours. But where’s all the horrible small print? Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. You may cancel monthly services with a 30-day notice by contacting us in writing through the dashboard inbox. Although the language is simple, the intentions are serious and this agreement is a legal document. The dotted line: