Website Retainer Terms
The terms for this service are as follows:
CONSULTATION: Phone calls, on-site or online meetings are not included in this Agreement.
PAYMENT: Upon acceptance of the estimate, the CLIENT is responsible for all payment as listed above to be paid monthly. This fee is for hours of work or pages, dependent on client choice. The monthly subscription will be automatically billed to the CLIENT and excess time/pages will not be rolled over to the following month. CLIENT can change retainer plans at the beginning of the next billing period or cancel before the next billing period (no proration will be made). If payment is not made, this agreement is null and void. A new Agreement can be issued in the future.
COPYRIGHT AND RELATIONSHIP: DESIGNER is an independent contractor, not an employee of CLIENT or any company affiliated with CLIENT. DESIGNER shall provide the SERVICES under the general direction of CLIENT, but DESIGNER shall determine, in DESIGNER’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. DESIGNER and the work product or Deliverables prepared by DESIGNER shall not be deemed a work for hire as that term is defined under US Copyright Law. DESIGNER retains all copyrights to any graphics made under this Agreement unless CLIENT buys them out (+100% of typical design cost, excluding discounts). DESIGNER always retains copyrights to code.
MORAL CLAUSE: The DESIGNER reserves the right to not take on design work based on the content of work being created such as those which are pro-violence, obscene, against moral reservation, or of an illegal nature. CLIENT should be up-front with their business and design requirements and DESIGNER will notify CLIENT should any part of the CLIENT business or design requirements create a moral dilemma. If CLIENT withholds information of this content until after this contract is signed in the hope of being in a contractual agreement to nullify the DESIGNER’s moral reservation, the Agreement is thus considered void and the CLIENT will not be refunded for any retainer cost paid. The CLIENT will receive no files or license to use any art.
DELIVERABLES AND CLIENT CONTENT: DESIGNER shall have the right to document, photograph or otherwise record all completed designs or installations of the Project, and to reproduce, publish and display such documentation, photographs or records for DESIGNER’s promotional purposes. The DESIGNER assumes no Copyright claim to CLIENT provided art and content. CLIENT agrees that any materials submitted to Aibrean’s Studio (“CLIENT CONTENT”) for use in design work do not infringe on the intellectual property rights, including copyright and trademark rights, of any third party. CLIENT acknowledges they hold all applicable intellectual property rights for CLIENT CONTENT in order to allow Aibrean’s Studio to create derivatives and display CLIENT CONTENT in designs. CLIENT agrees to indemnify Aibrean’s Studio, and hold it harmless as to any claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from claims that the CLIENT Art infringes on the intellectual property rights of third parties in the United States or abroad.
The services will be rendered “live” on the CLIENT server unless a testing server has been provided by the CLIENT. The scope of the services covered in this retainer include:
- Editing/creating graphics to support the website (excluding complete layout).
- Ongoing textual content changes/additions/deletions
- Modification to website menus
- SEO editing (although no guarantee is made to performance)
- CSS modifications
- Page generation
- Website transfer (domain/hosting)
- Email marketing (assuming a layout exists)
- Generating product pages (for e-commerce)
- Editing existing layout (assuming it is not supported by any programming language – PSD files may be required).
- Adding email addresses in control panel (provided there is an available allocation).
- Installing PHP scripts/database (modifications not included).
- Installing CMS extensions/modules (modifications included unless they require programming and are not Joomla-based).
- Editing existing textual content/graphics within Joomla, CMSMS, or WordPress.
- Basic site maintenance
- Uploads/Updates to YouTube, Facebook, and Twitter. (providing they follow the content and copyright terms of said sites).
This retainer does not include the following (however they may be quoted on outside of this Agreement):
- Programming (such as PHP/ASP)
- Purchase of any stock files, modules or extensions for a CMS, domain/hosting purchase, etc.
- Copy writing (textual content)
- 3D Modeling
- Voice/Video Work
- Website Design (completely new website layout)
The covered services will apply to hourly rates except for page generation. Page generation will subtract one available hour (i.e. if you have 5 hours or 5 pages, and you needed one page generated, you would have 4 hours or 4 pages remaining.)
TIMELINE: CLIENT will be scheduled for work at the soonest possible availability and will take priority over other clients (excluding rush). DESIGNER does not work on weekends, holidays, or scheduled vacations (noted in work schedule). A 2-week lead is not required.
CLIENT RESPONSIBILITIES: CLIENT must provide a hosting information (including control panel to access and install databases), and FTP information. CLIENT must make all purchases relating to stock, extensions, modules, domain/hosting, scripts, etc.
EXCLUSIVITY: No Exclusivity. The parties expressly acknowledge that this Contract does not create an exclusive relationship between the parties. The DESIGNER shall be entitled to offer and provide design services to others, solicit other clients including those who may be in competition with CLIENT and otherwise advertise the services offered by DESIGNER.
FORCE MAJEURE: DESIGNER shall not be deemed in breach of this Agreement if DESIGNER is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of DESIGNER or any local, state, federal, national or international law, governmental order or regulation or any other event beyond DESIGNER’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, DESIGNER shall attempt to give notice to CLIENT of inability to perform or of delay in completing the Services and shall either refund for down time, cancel subscription, or offer a credit of hours/pages.
APPROVAL: The DESIGNER requires CLIENT to make final approval before files are delivered. Final approval requires the CLIENT to look over the design and copy to make sure everything is included as needed. If an approved file has errors such as those of a typographical nature, font size and family, layout, image placement and treatment, it is the CLIENT’s responsibility as they have approved it as-is. If the DESIGNER has to make changes they will be billed extra. See CLIENT RESPONSIBILTIES.