Terms of Service Contract

Effective From: April 3, 2022

Terms and Conditions

Rhys Dyson is a freelance web ‘developer’ and ‘designer’ specialising in digital and print services. He primarily works on creating files such as icons, logos, branding materials and builds custom interactive experiences and websites, conducts website maintenance and CMS installations such as WordPress.

This contract outlines the designer-client relationship and how Rhys works with his clients. All clients must agree to these terms before hiring him for a project (‘job,’ ‘task,’ ‘design’ or ‘work’).

1.0 Projects & Work

The Designer agrees to provide graphic design and web development services as agreed upon and listed in the provided estimate (‘quote’) document provided to the client before starting a project. All work completed will be original, and/or composed of open source software or templates, following the rules outlined in those product licences. This includes font files, software, code snippets and design files created for the client by a previous designer(s).

The designer has the right to reject working on any suspected fraudulent or copyrighted materials.

2.0 Deliverables & Replacements

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 sate ‘as is’. Unless otherwise stated, the license and ownership of the product service or software will then transfer to the Client.

Clients may request to reobtain lost files in the future. However, the Designer takes no responsibility for the storage and backup of files. Additionally, the Designer is not required to re-create any lost files after the completion of a project. If stored and accessible, the Designer may reissue the Client with replacement files, either with or without a replacement fee.

3.0 Payments and Billing Process

3.1 Quoted Projects

Before starting a project, the Designer will draft an estimate (‘quote’) for the total cost of the requested products and services. The Client is required to accept this task list and cost estimate before work can commence on a project.

A non-refundable deposit will be due to the Designer before the start of any work, the amount of which is at the discretion of the Designer. This is to ensure that the Client covers any upfront costs of software (‘themes,’ ‘plugins’) or services that are required at the beginning of a project.

If the scope of a project or work changes throughout development and extends past what is outlined in the estimate, additional costs may occur. The Designer will notify the client and update the estimate documents. Clients will then have the right to agree to the changes and allow work to continue or accept that work may be held (‘deferred’). As with project termination, the cost of all other work and services leading up to that point will be invoiced and are expected to be paid in full.

3.2 Maintenance and Hourly Rates

Hourly rates may vary depending on the type of work conducted ('consultations', 'design', 'developemnt' 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 is 3 hours.

4.0 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 clients’ past, future or present, their 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.

Furthermore, the designer reserves the right to display final work(s) on their website, portfolio, promotional materials or social media if it does not abuse these confidentiality concerns.

5.0 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.

6.0 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.

7.0 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 Freelance Developer Contract.

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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