Freelancer's Project Agreementfor losebabyweight.com.au
In this document, Alicia Thompson is referred to as “the Consultant”, the contracting company is referred to as “the Client”, and the provision of the project will be referred to as “the Project”.
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with the information and resources we need, and agree to review our work, provide feedback and give approval in a timely manner.
We have the experience and ability to perform the services you need from us (or to have them performed on your behalf) and we will carry them out in a professional and timely manner.
Summary of Works
This project consists of ONE master design landing page and THREE sub pages. The Consultant agrees to provide these items provided that the Project Outline is followed in accordance with the terms set out in this agreement.
The Client agrees to provide the Consultant with all needed assets, stock photography, copy and content required to complete the project. The Client will provide these items within the time outlined in the Project Outline and in the format that is requested by the Consultant.
Master landing page design $200
Subpage 1 $75
Subpage 2 $75
Subpage 3 $75
With suitable circumstances, an initial estimate of time needed to complete the project should be within seven days. The time outlined below is a time limit after which the project can be renegotiated.
The Consultant has set an initial period of thirty days to complete the Project provided that the Client adheres to the deadlines set out within. Should the Project not be completed by this time, the Consultant reserves the right to postpone the Project until it is suitable for the Consultant to resume work, and renegotiate the cost of the completion of the project with the new time constraints, or cancel the project. The Consultant does not promise to exclusively work on the project excluding the possibility of working with other clients during this time.
Commencement of Work
The client agrees to provide a signed copy of this document, as a letter of agreement between the client and the consultant concerning the work outlined in this document. At this point, the down payment for the project is due, and work will not begin until this payment has been made.
Mockups and Prototypes
After the return of the signed agreement, the Consultant will provide a visual mockup of the Project for consideration by the Client. To establish a clear direction for the project, we provide one draft that we are confident meets the requirement of the brief that we can revise as the project moves forward. All information required for a reasonably complete prototype is required at this time from the client. This includes all text, database information and photography included in the project.
Revisions and Approval
Upon receipt of the mockups, the client has five working days to review our work and respond accordingly. We ask that all feedback is clear regarding the changes that need to be made. From this point, there are three rounds of structural revisions that can be made while still keeping within the original scope of the project. Should three rounds of revisions not create a satisfactory mockup that can be used to move forward, or if a significant change of direction is required as a result of the draft not being to the client’s liking, the consultant requires a second meeting to establish the next course of action
On the Client approving the initial mockup, construction of the project will begin. At this point, the consultant will provide the Client with a functional prototype of the website. The Client then has five working days to approve the prototype or to request further changes. As this stage, changes to the project are limited to the positioning and content of the site and not the overall design without a change of the scope of the project.
Changes to Brief, Scope and Project
All changes to the content of the project not outlined in this agreement must be requested in writing using a project change request form. Changes to the nature or scope of the project may incur additional cost, time and a new project agreement will be drafted to make the new project bounds clear.
Should three rounds of revisions to the project not create a satisfactory prototype that can be used to move forward, or we need a significant change of direction as a result of the first draft not being to the Client’s liking, the Consultant requires a second meeting to establish the next course of action which may result in a change to the project brief, scope or nature of the project. If this is needed from the Consultant, the Client agrees that a return to the scope of the project after the initial project agreement is signed may incur an additional cost.
A payment of 50% of the project total is required before work begins. The remaining 50% is due on completion of the project.
Terms and Conditions Continued
Ability to Sign
The Client agrees that they have the power and ability to enter into this contract on behalf of their company or organization and as such the company agrees to meet all payments regardless of staff or budgetary changes.
Accepted Payment Methods
The Consultant accepts the following methods of payment: cash, direct deposit, cheque, money order and credit card. For methods that require clearance time, work will not be started or continued until payment has cleared into the Consultant’s account.
The Client has a period of thirty days to pay an invoice from the date of issue. Should the thirty days pass without payment, this will be taken as a termination of the agreement from the Client, subject to the action stated in the Termination segment of this document. Should the be in a position that they are unable to make a payment, it is the Client’s responsibility to contact the Consultant to come to an agreement about the next course of action. Delay in payment may result in the delay of the project.
The client understands that the Consultant is not an employee of the Client. The companies that the two parties represent are not affiliated in any way outside of the scope of the project and are not involved in a partnership of any kind. The Client may not, under any circumstances, make decisions, declarations, sign paperwork or make judgments on behalf of the Consultant.
The Consultant makes no promises, guarantees, or agreements that the project will result in increased income for the Client or delivery of anything except what is outlined in the “Deliverables” section of this agreement.
The Consultant does not guarantee that the project will be compatible with all future technologies and does not guarantee that the project will be suitable for the Client in perpetuity and that the project is created with the intention of suitability in the current business and technological climate, which is subject to change.
The Consultant also does not guarantee that the project will be compatible with all past technologies. The project is created with the intention of suitability for current technologies, and this includes current internet browsers.
The agreement between the Consultant and the Client is non-exclusive. This means that the Consultant may accept the Client’s competitors as additional Clients at any time. The relationship between the Client and the Consultant does not restrict the Consultant in its choice of clientele in any way, unless otherwise specified in writing by the Consultant.
It is agreed that employees of the Consultant shall not at any time either during the course of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the Client. This includes all mockups and prototypes.
Use of Product by Consultant
The Consultant has the right to use, distribute and reproduce the project. The Consultant reserves the right to display and link to the completed project as part of their portfolio and to write about the project on web sites, in magazine articles and in books about web design, development, branding or print.
Use of Tools and Materials
The Consultant may use tools, materials and resources obtained from third parties in the making of the project. This extends to but is not limited to templates, themes, patterns, images and code snippets. It is the responsibility of the Consultant to ensure that all third party products used are obtained legally and with appropriate licenses for use.
Ownership of Project
The Client retains ownership and rights to all content, images and information that they supply to the Consultant. It is the responsibility of the Client to ensure that the media that is provided to the Consultant does not infringe on the copyright of a third party. The Client is also responsible for ensuring that they have a license to reproduce any work by a third part for the purpose of the project. The Consultant retains the ownership of the code and design behind the project. A license for the Client to use these components is outlined in the information below.
It is agreed that the Client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this document.
The Client also owns text content, photographs and other data they provide, unless someone else owns them.
The Consultant owns the core files made for the production of the project. The core design files may be provided to the Client for an extra fee at the discretion of the Consultant.
The Client’s use of the project shall be limited to the usage right outlines below. Use of the project, or any derivative works thereof by the client at any time or location, or for another project outside the scope of the project outline will require an additional fee, and the Consultant shall be entitled to further compensation equal to 300 percent of the original project fee unless otherwise agreed to in writing by both parties. In the event of non-payment, the consultant shall be entitled to pursue all remedies under law and equity.
The Client recognises that all web components of the project are provided under the following terms:
The project is built for interactive use for web application. The project may not be altered and used for print media without the written permission of the Consultant.
The Client will not license or sell the project to a third party.
The Consultant reserves the right to photograph or make an image of the finished work.
The project may be printed or reproduced for any purpose in a way that promotes the business of the Consultant.
Liability Regarding Project
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
It is agreed that all work and materials provided for the Client will be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Consultant reserves the right to terminate the agreement at any point without a refund of the monies paid up to the point of termination.
The agreement may be cancelled by the Client with the following repercussions:
The Client forfeits all payments made to date to the Consultant as compensation for work already completed prior to the cancellation of the agreement. An additional fee may be invoiced to cover extra labour or costs that are unpaid at the time of cancellation.
On termination of agreement, all preliminary designs and sketches, including files and documents containing them, will be returned to the Consultant or destroyed.
Any costs associated with the collection of outstanding fees and payments are the responsibility of the clients, including costs associated debt recovery and legal fees.
This agreement is entered into the state of New South Wales, Australia and is guided by and governed by the laws in that state.