TERMS AND CONDITIONS
These are the standard terms and conditions for Website Development and other services and apply to all contracts, proposals and work undertaken by Six Foot 3 for its clients.
A 50% deposit of the total fee payable under the proposal is due immediately upon the client instructing SixFoot 3 to proceed with the proposed scope of work. A 25% payment of the balance will be due upon first phase completion and the start of the client review period. The remaining 25% shall become due when the work is completed to the clients reasonable satisfaction but subject to the terms of the “approval of work” and“rejected work” clauses. Six Foot 3 reserves the right not to commence any work until the deposit has been paid in full.
The 50% deposit is non-refundable if the development work has been started and the client terminates the contract through no fault of Six Foot 3.
SUPPLY OF MATERIALS AND INFORMATION
The client must supply all materials and information required by Six Foot 3 to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs,written copy, logos, server connection information, website and/or database backups, requested software or service licenses and any other requested information outlined in the proposal or contract. Where there is any delay in supplying these materials to Six Foot 3 which leads to a delay in the completion of work, SixFoot 3 has the right to extend any previously agreed deadlines by a reasonable amount.
Where the client fails to supply materials and/or information, and that prevents the progress of the work,Six Foot 3 has the right to invoice the client for any part or parts of the work already completed.
The client has the ability to make small revisions in the client review period after the initial 50% deposit and 25% first phase completion payment. However, Six Foot 3 has the right to limit the number of proposed revisions or changes to a reasonable amount and may charge, at the hourly rate defined by the project proposal, for additional revisions if changes are made to the agreed upon scope of work. If no rate is defined, revisions will be charged at a rate of $150.00 per hour.
Any revisions or changes requested by the client outside the agreed upon scope of work that is performed pro bono by Six Foot 3 should not be construed by the client as work owed but rather done to keep good client relations. This pro bono work outside the agreed upon scope of work will be defined and performed at the discretion of Six Foot 3.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that are set by Six Foot 3 are contingent upon the clients full co-operation and the delivery all requested items in order to proceed with or complete the project. These requested items include, but are not limited to, the above mentioned items under section “Supply of Materials andInformation”.
During development there is a certain amount of feedback required in order to progress to subsequent phases.It is required that a single point of contact be appointed as a representative of the client and be made available on a daily basis in order to expedite the feedback process.
The representative appointed as the single point of contact by the client will be bound under the terms of this agreement.
APPROVAL OF WORK
On completion of the work the client will be notified and have the opportunity to review. The client must notify Six Foot 3 in writing of any unsatisfactory points based on the agreed upon scope of work within 7days of such notification. Any of the work which has not been reported in writing to Six Foot 3 as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 25% balance of the project price will become due.
Upon work performed by Six Foot 3 being rejected by the client within the 7-day review period, Six Foot 3will attempt to reconcile and fix items noted by the client in writing within reason. If subsequent work performed by Six Foot 3 is deemed unsatisfactory and Six Foot 3, acting reasonably and in good faith,consider that the client has been unreasonable in any rejection of the work, Six Foot 3 can elect to treat this contract as at an end and take measure to recover payment for any completed work.
Any items noted in writing by the client found as issues to the work performed by Six Foot 3 that are investigated and later found to be issues outside the control of Six Foot 3, including but not limited to hosting environment and software restrictions, will be billed at an hourly rate of $150.00 per hour to cover investigation time.
TRAINING AND CLIENT KNOWLEDGE
Six Foot 3 will develop systems and services to the specification defined by the agreed upon scope of work as agreed to by the client. If the client requires further training upon completion of the work, this training is not covered by the fees paid under the agreed upon scope of work unless otherwise specified as billable items.
If rejection of work is found to be caused by clients lack of knowledge of the work performed and/or systems developed these items will fall under rejected work that are outside the control of Six Foot 3.
Upon completion of the 7-day review period, Six Foot 3 will invoice the client for the 25% balance of the project.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images,registered company logos, names and trade marks, or any other material that the client supplies to Six Foot3 to include in the project.
The client must indemnify Six Foot 3 and hold Six Foot 3 harmless from any claims or legal actions related to the content of the website.
Once the client has paid Six Foot 3 in full under the agreed upon scope of work Six Foot 3 grants the client a license for work performed by Six Foot 3 and its related software and contents for the life of the website unless otherwise specified within the proposal or agreed upon scope of work.
Six Foot 3 does not guarantee any specific position in search engine results for the clients project. SixFoot 3performs basic search engine optimization according to current best practice.
Six Foot 3 shall not be liable for any loss or damage which the client may suffer which is in any way attributable to any delay in performance or completion of any work performed, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions)relating in any way to the services Six Foot 3 provides to the client are excluded. Without limiting the above, to the extent permitted by law, any liability of Six Foot 3 under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Six Foot 3 was contracted to perform for the client.
Six Foot 3 reserves the right to subcontract any products or services that we have agreed to perform as we see fit.
Six Foot 3 (and any subcontractors engaged) agree that all parties will not at any time disclose any of the clients information that they have deemed, in writing, to be confidential to any third party.
The client agrees to reimburse Six Foot 3 for any requested expenses which do not form part of the agreed upon scope of work including but not limited to the purchase of templates, third party software, stock photographs, fonts,domain name registration, software or service licenses, web hosting or comparable expenses.
The client is responsible for maintaining their own backups with respect to the project and Six Foot 3 will not be liable for restoring any client data or client websites. All project data, including client data, will be purged at the discretion of Six Foot 3 upon project completion.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Miami-Dade County in the State of Florida. The client and Six Foot 3 submit to the non-exclusive jurisdiction of the courts in Miami-Dade County in the State of Florida in relation to any dispute arising under these terms and conditions or in relation to any services performed for the client by Six Foot 3.
The client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Six Foot 3 and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the clients or any associates of the clients’ use of Internet electronic commerce.
ACCEPTANCE OF TERMS AND CONDITIONS
The client accepts, agrees to and hereby opt-in to the above terms and conditions by accepting any proposal, scope of work, work performed or by submitting any payment to Six Foot 3.