Terms of Service Contract

Effective From: May 14, 2022

Terms and Conditions

Rhys Dyson ('The Designer') is a freelance website designer and developer specialising in digital and print design services.

This contract outlines the designer-client relationship and how Rhys expects to conduct work with his clients. By accepting a quote and agreeing to commence work, a client agrees to the Terms of Service outlined in this document.

1.0 Service(s)

1.1.0. The Designer will provide the agreed-upon services ('work', 'design') as listed in the supplied estimate (‘quote’) document emailed to the client before commencing a project. Services may include, but are not limited to:

  • website mockups and conceptual design
  • ​website building, development, and coding
  • website updates, edits, modifications, and customisations
  • website performance data and analytic tracking
  • Google business profile setup and support
  • software installations and setups
  • domain registration and website hosting
  • graphic design services (eg. logos, icons, business cards, flyers)
  • image, audio, and video editing/optimisation

1.2.0. All work completed will be original, and/or may be composed of third-party and/or open-source software, templates, assets, and creative as per the rules outlined in those product licences. Examples include, but are not limited to:

  • font files
  • code snippets
  • stock imagery/photography
  • design files created for the client by a third party
  • website builders and/or CMS's
  • website themes, plugins, and extensions

The client understands that some of these product licences may not be transferrable from the designer to them, as per their individual licence restrictions. The designer has the right to reject supplying these materials.

1.3.0. The designer has the right to refuse to work on any suspected fraudulent or copyrighted materials at any time throughout the project.

2.0 Deliverables & Replacements

2.1.0. Deliverables will be handed over to the client upon project completion, identified when an invoice is paid in full. Deliverables will be given to the client in their current state ‘as is’, and any requested modifications after this point will be considered a new project. Deliverables may include, but are not limited to:

  • login details to access the back-end of their website
  • exported images, audio files, videos, graphics, pdfs

2.2.0. Unless otherwise stated, the license and ownership of the product, service or software will then transfer to the Client, unless bound by third-party licenses as listed in clause 1.3.0.

2.3.0. Clients may request to reobtain lost deliverables and files in the future, subject to the following:

2.3.1. Once delivered, the Designer takes no responsibility for the long term storage and backup of files and reserves the right to refuse reissuing deliverables.

2.3.2. The Designer is not required to re-create any lost files after the delivery of a project.

2.3.3. If stored and accessible, the Designer may reissue the Client with replacement files. The designer reserves the right to charge an additional replacement or admin fee.

3.0 Payments and Billing Process

3.1 Estimates, Quotes, and Deposits

3.1.0. Before starting a project, the Designer will draft and email the client an estimate ('quote’) outlining the scope of requested services and the total cost. If the client is happy with this estimate and accepts it (in person, verbally, or written), the designer will email an official invoice for the project.

3.2.0. The Client is required to accept this invoice, which outlines the total project cost and the expected services to be delivered.

3.3.0. A non-refundable deposit (usually 50%) will be due to the Designer before the start of any work. The deposit amount may vary by client and project on a case-by-case basis, as agreed between the Designer and Client via email. This is to ensure that the Client covers any upfront costs of software, and compensated the Designer ahead of providing any services. Examples of upfront costs include, but are not limited to:

  • labour
  • ​platform fees, website hosting, and domain registration
  • themes
  • plugins

4.0 Changes in Scope

4.1.0 The scope of a project may be increased or decreased throughout the life of the project, either by the Client or the Designer. Examples of scope changes include, but are not limited to:

a) The Client requests additional services

b) The Client changes their mind, requests edits/modifications

c) The Client  requests reductions

d) The Designer identifies workflow efficiencies/improvements

e) The Designer identifies a more efficient site structure

f) The Designer has underestimated the time required on a specific task

4.2.0. When a change of scope is identified by a client:

a) they are required to notify the Designer immediately of any required changes

b) the Designer will communicate how those changes may impact the project timeline and cost

c) both parties must agree to the changes. Once agreed, Designer will update the invoice and any other documents, and send them to the Client for approval

d) once approved, the Designer will continue working on the project, actioning the required changes

4.3.0. When a change of scope is identified by the Designer:

a) they are required to notify the Client immediately of any required changes. The Designer will communicate how those changes may impact the project timeline and cost

b) both parties must agree to the changes. Once agreed, Designer will update the invoice and any other documents, and send them to the Client for approval

c) once approved, the Designer will continue working on the project, actioning the required changes

3.2 Maintenance and Hourly Rates

Hourly rates may vary depending on the type of work conducted ('consultations', 'design', 'development' etc). Hourly rates will be billed either before starting work, or after conducting work on a case-by-case basis. This approach usually depends on the quantity and estimated length of tasks, as well as the period in which they are requested (completed as they come in, or edits applied once per month).

The minimum hours of billing: 3.

5.0 Confidentiality

The Designer hereby acknowledges that they may be involved in or become aware of sensitive/personal information that relates to the Client. This may include information related to the Client’s past, future or present, business or business data (including customer names, marketing plans, project information and financial documentation).

The Designer agrees to protect all the above information and keep any provided information, assets and data provided by a Client as confidential as practically possible.

However, the client understands that the data they provide may be stored on the Designers personal computer(s), devices or any other storage medium, system or service. These may include cloud storage services such as Git, Dropbox and OneDrive, as well as mailing and administrative software including Zoho mail/CRM/Invoices, Gmail, etc.

6.0 Client Approval and Revisions

The client will be notified of the progress throughout a project giving them time to provide feedback and review the work being done. The Client is not required to respond to such progress updates. However, the Designer reserves the right to assume that little to no response towards these progress updates is a confirmation to continue working on the project.

Additionally, the Client will have permission to accept the work as is or request revisions as necessary. However, the quantity and time allocated to these revisions will be at the discretion of the Designer, and they may refuse revisions and additional work outside of the agreed task list or job estimate.

7.0 Termination

Either party may terminate this contract at any time for any reason they deem necessary with written notice.

Upon cancellation of this Freelance Developer Contract, the Client will be responsible for all expenses incurred before the contract termination. Any outstanding expenses must be paid out in full before the termination of the project, and handover or exchange of any assets or account migrations.

Should the Client choose to terminate this contract after a project completion, the Client will remain responsible for the full payment of the completed project listed on the supplied invoice.

8.0 Agreement

By requesting a project and receiving an estimate, the Client agrees to have read, understood and will comply with the terms listed in this Terms of Service Contract.

The designer reserves the right to display final work(s) on their website, portfolio, promotional materials and/or social media if:

a) the project has been delivered to the client, regardless of the transfer of license to the Client outlined in clause 2.0

b) it does not abuse the confidentiality concerns outlined in clause 5.0

c) the Client has not directly requested their work to be shared or used in such cases

The Designer has the right to update this contract at any time for any reason without notifying Clients. However, only the latest version of this contract released before the date of a new project will be valid for the duration of that project.

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