We will always do our best to meet your needs and achieve your goals, but sometimes it’s good to put a few things in writing so we both know what to expect from each other if things don’t quite go as they should. There are no complicated legal terms or long passages of unreadable text in these terms and conditions. We have no desire to mislead you into something you may later regret. We want what is best for both parties, now and in the future.
In brief
You hire Nail & Co to design and develop a project. Of course, it is a little more complex than that, but that is described below.
So what do the two parties agree on?
As a client, you have the power and ability to hire us on behalf of your company or organization. You agree to provide us with everything we need to complete the project – including text, graphics and other information – as and when we need it and in the format we request. You agree to review our work, provide feedback and approval at designated times. Deadlines work both ways and can only be met if both parties comply. You also agree to keep track of the payment schedule described on the proposal or invoice.
We have the experience and ability to perform the services you need from us. We do this professionally according to a proposal schedule. We will try to meet all set deadlines, but we cannot be responsible for a missed launch date or deadline if you provide materials late or do not give timely approval at each stage. We will respect the confidentiality of the information you give us and never share it with others.
Design
When we are working on the design of your project, we determine the look-and-feel, layout and functionality of your project. Our proposal is based on a design and the opportunity for you to modify the design in two rounds of revisions. If you are not satisfied with the designs at this stage, you must pay us in full for all the work we have produced up to that point. You can then either terminate the agreement or instruct us to continue working on the design according to our standard design rates.
Texts
We often write texts for projects, but unless otherwise specified in our proposal, copywriting or editing is not included in the price. Thus, we can provide this, but will then perform this work for you on the basis of a quote.
Images
You provide us with images in digital format. If you choose to use stock photography, we can help you with that. The time we spend searching for the right photos will be charged according to our standard rate.
Changes and revisions
We know from experience that many fixed-price agreements are rarely beneficial to you because they often have limited ability to show what something should look like, or how it might work. We don’t want to limit your options or your ability to change.
The estimate/quote prices at the beginning of each project are based on the amount of work we estimate we will need to accomplish everything you want, and make your project a success. If you change your mind, such as wanting to add additional pages or even adding new functionality, that will not be a problem. This may involve additional costs and these will be agreed upon before the additional work begins. This extra work will affect the deadlines and these will be adjusted accordingly. We will coordinate everything in advance so you know where you stand. We may also ask you to put the requests in writing so we can keep track of what changes are desired. If the nature or tasks of the project change significantly throughout the process, we reserve the right to cancel the current project. At that time, you must pay in full for all the work we have done up to that point and instruct us to initiate the new project based on the new requirements. This will require a new quote and agreement.
Legally
We cannot guarantee that the features in a project will always work flawlessly and cannot be held liable to you or any third party for any damages suffered, including lost profits, lost savings or other incidental or special damages arising from the use of or inability to operate items in the project, even if you have informed us of the potential for the occurrence of such damages.
If any provision of this Agreement is illegal, invalid or unenforceable for any reason, that provision shall become severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
Copyrights
You warrant to us that all elements of the text, graphics, photographs, designs, trademarks or other artwork you provide to us for inclusion in the project are either owned by you, or that you have permission to use them.
Once we receive your final payment, the copyright is automatically assigned as follows:
You own the images and other visual elements we create for you for this project.
We will provide you with a copy of all files. We are not required to keep them.
You own the text, photos and other data you provide unless someone else owns them. We own all original source files and we license them to you for use only for the agreed upon project. We love our work and enjoy showing it and sharing what we have learned with other people, so we reserve the right to showcase your project as part of our portfolio and write about it on websites, in magazine articles and books.
Note: If you are unable to provide all requested content on time, it does not mean we have not done our job. Once the project is tested and ready to go live, we will send the final invoice. Regardless of whether this is with your content or dummy content. Once the final invoice is paid, we will hand you the keys and show you how to put your own content into the project once it is ready. If the final invoice is not paid by the stated deadline, we are under no obligation to retain all source files on our server or continue with the project after that time.
But where is the terrible fine print?
Just like a fine, you cannot transfer this agreement to anyone else without our permission. This agreement remains valid and does not need to be renewed. If for any reason any part of this agreement becomes invalid or unenforceable, the remaining parts of it will remain valid. Although intelligibly written, the intentions are serious and these terms are a legally binding document.