Updated: 8th May 2024
This Services Agreement (the “Agreement”) contains the complete terms of service which govern your contract of Website Design, Development and other Internet-related services provided by Teedot Creative (Point Creative Solutions SPC) (the “Services”). As used in this Agreement, “Teedot Creative (Point Creative Solutions SPC)” means “Designer” and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and all policies posted on the Teedot Creative site. As referred to in this Agreement, “Website” refers to a World Wide Web site and “Designers website” refers to the Website located at the URL https://www.teedotcreative.com or any other successor Websites owned or maintained by Teedot Creative (Point Creative Solutions SPC).
The following terms apply to all website development / design services provided by Teedot Creative (Point Creative Solutions SPC) to the Client.
Acceptance
It is not necessary for the Client to have signed an acceptance of these terms for them to apply. If the Client accepts/approves an invoice/quotation through a deposit payment or an acknowledgement through email/text message then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Services
The Client hereby engages the Designer, and the Designer accepts such engagement to provide the services for the Client as detailed in the ‘Scope of Work’.
The Designer represents and warrants that Designer has the knowledge, skills, and experience necessary to produce the contracted work. Designer agrees that the Website will be an original work. Designer also guarantees that the final Website will be free from any plagiarism or likeness to a Website not belonging to or created by Designer.
The Designer will retain intellectual copyright of any material, including any source code and original images created for the client until the project is handed over and the invoice is paid in full after which the Website will become the intellectual property of the Client, free and clear, as a work made-for-hire.
Fees & Payments
Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Unless otherwise agreed, payment for Website design & development services is due in two parts, 50% before project start and 50% on project completion or 30 days, whichever is earlier. Any delay in payment will result in delays and any promised timeline estimates will be null/void.
The Client agrees to reimburse the Designer for any additional expenses necessary for the completion of the work or during the management phase of the website. Expenses may include, but are not limited to; purchase of domain names, special fonts, stock images, analytics, map display APIs.
No refunds can be provided for any services terminated by the Client once the project or service period has commenced.
Defaults
Accounts unpaid 30 days after the date of invoice will be considered in default. If the Client in default maintains any information or files on the Designers web hosting or other services, the Designer will, at their discretion, remove all such material from its web hosting or other services. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Clients account.
Clients with accounts in default agree to pay the Designer reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by the Designer in enforcing these Terms and Conditions.
Third party licensing & subscriptions
Any product, software or service that requires licensing will remain licenced to the Designer. Some parts of the website may require certain product, software or service to be continuously licensed in order to function. As long as there is a contract between the Designer and Client to maintain or manage a website any licensing is the responsibility of the Designer. Should there be no contract in place for maintenance or management of the website, any transferable licence will be trasferred to the Client. However, in the case that the licence cannot be transferred, it would be the responsibility of the Client to acquire the necessary licences to maintain continuity of certain functionalities on the website. It is the responsibility of the Designer to inform the Client of all necessary third party licensing that may be required for the fuctionality of the website.
In the case of subscriptions that are charged pro-rata based on usage, the responsibility of these payment will fall on the Client. These charges (if any) will be additionally invoiced to the Client at the end of each month.
Recurring contracts
Any service provided by the Designer that extends over a period of time as a recurring service is subject to automatic renewal for the same period as previously agreed. Should the Client wish so terminate such services, the Client must inform the Designer through an acceptable means of written communication such as by email or messaging at least 30 days prior to any service renewal due date. If no communication is received, the service will auto renew for the same time period as previously invoiced. Renewal fees are subject to change and any change in fees will be informed to the client at least 45 days prior to service renewal.
Content
All content to be included in the Website, text and images must be provided by the Client. All text content must be provided in an organized manner, in a Word file, text selectable PDF or Email. Images must be provided as high resolution electronic files (JPEG, GIF, TIFF, PNG, PSD).
Logos must be made available in a usable vector format (PDF, EPS, AI). Any fonts relating to corporate branding must also be provided in normal and web formats (TTF, OTF, WOFF, WOFF2).
Any updates if and when required must be provided with the aforementioned specifications and clear update instructions.
The Client is responsible for the accuracy of content provided and ensuring that this material does not infringe any copyright laws.
Any delays caused by the inability to provide all requested content in a timely manner or suitable format will affect the delivery time and the Designer cannot be held liable for any such delays.
Access requirements
For client purschased/owned domain, hosting and other utilities, full access to modify these resources must be provided to the Designer to be able to successfully perform necessary tasks related to the creation of the Website. Failure to provide access or to any such services may cause delays or additional costs to rectify the situation.
Client review
The Designer will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Designer otherwise within ten (10) days of the date the materials are made available to the Client.
Design Credit
A link to the Designer’s website will appear in small type at the bottom of the Client’s website. For removal of this design credit, a nominal fee of 10% of the design cost will apply.
The Client also agrees that the website developed for the Client may be presented in the Designer’s portfolio and at web design/design related awards/competitions/showcases.
Liability
The Designer is hereby EXCLUDED FROM ALL AND ANY LIABILITY ARISING FROM:
- Loss or damage caused by any inaccuracy, omission, delay or error in the production of the Website.
- Unforeseen interruptions to, or down-time of the services provided.
- Loss or damage of hosted data including (but not limited to) Website content & emails.
- Loss of Client stored data on hosting or other services due to unpaid invoices.
- Data breach caused by a third party.
- Improperly provided content.
- Improper hosting (if managed by the client)
- Loss of domain (if managed by the client)
- Breach of any laws arising from work on this project.
- Force Majeure; causes beyond reasonable control including, but not limited to, acts of God, and other
acts which may be due to unforeseen circumstances
Disclaimer
The Designer shall create a Website for Client’s purposes and to Client’s specifications. The DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).