OUR CONTRACT TERMS AND POLICY
Things you have to know and have to consider before hiring our team on a contract level and basis, this does not just only for web contacts, but also applies every other of our services that is being transacted in a contract basis..
This Terms off Agreement is being entered into by [your-company] (“You can as well as your name in there”) and [Tipgridcom.] (“TIPGRIDCOM”).
You are hiring us to design and develop a website in exchange for the payment(s) described when you request for a quotes(which was emailed by our sales dept.) terms of agreement describes in detail the responsibilities of each of the parties in completing this project.
Each party has had an opportunity, before signing this Website Design Proposal, to review these terms in detail and make sure that we both properly reflect the full agreement. You are free to discuss and revised the terms below, edited where necessary, and have had the opportunity to consult with a lawyer if you wanted. To your best understanding, this document includes the full scope of responsibilities that we and your company expects in order to perform to complete this project.
- This documentation serves as “Proposal” means this document and any modifications to it as allowed under the terms of this Proposal.
- Project” or “Website” means the design and creation of a website for YOU as detailed in the “WEBSITE SPECIFICATIONS” section below.
- TIPGRIDCOM will design and develop a website for your company to provide you with an online presence and to provide information about your company. This website will be created on [on our hosting PLATFORM or anyone specified by your company].
- The website hosted on [HOSTING PLATFORM] will be at your’s expense. The domain name(s) that will be connected to this website are the following: [www.mynewweb.com]. You may have already registered domain or register it yourself, or we register, these domain names at your expense. Information required may include, company names, address, phone number or hotline, email address or we register a new address for our client, we respect our client confidentiality and privacy.
- The design process will consist of four phases: Concept Development, Design, Technical, and Testing. In the Concept Development phase, we will begin work by outlining the basic flow of the website and gathering the text and images for the website.
- In the Design phase, We will create digital artwork for the outlined webpages and integrate the images and text. In the Technical phase, DESIGN FIRM will enable the website server, domains and add interactive functionality like forms and emails.
- In the Testing phase, both OUR WEB DEPT TEAM and your Company will check the entire website to make sure it is operating as expected. This website will work in all ordinary browsers. It will not be designed to operate on mobile devices unless specifically designated.
- Your company and WEB CONTRACTING DEPT will consult no less frequently than at the end of each phase of the design process for CLIENT approvals.
- After completion of the design and development of the website under this Terms of Agreement, any future modifications of content or other maintenance of the website will be the responsibility of your company unless you enter into a separate agreement for those services with us.
OUR RESPONSIBILITIES AS A DESIGN FIRM
- TIPGRIDCOM will start work on the project within [agree date] days of this Web Design Agreement being signed, and will complete the work by [SPECIFIED DATE] or according to a timetable set forth.
- We will keep you updated on activities and progress at reasonable intervals,and reasonably respond to inquiries regarding progress.
- We will allow you to propose modifications to design and content within the scope of the Website Specifications, or as agreed to in writing by the parties.
- We understands that the you may share some non-public, sensitive business information to us while working on the PROJECT. TIPGRIDCOM agrees to keep this information confidential and not disclose it to any outside parties.
YOUR RESPONSIBILITY AS A CLIENT’S RESPONSIBILITIES
- You will provide us with all necessary access to website hosting, domain name registries, or related service providers for the purposes of completion of its work under this Web Terms of Agreement.
- Unless specified otherwise, You will provide TIPGRUDCOM with all text, graphics photos, designs, logos, trademarks, service marks, artwork or videos for the website at your expense.
- You will provide requested materials and respond to TIPGRIDCOM questions in a timely manner.
- You will pay TIPGRIDCOM for its work under this Agreement as follows:
- A flat fee of [NAIRA OR DOLLAR AMOUNT], payable as follows: [PAYMENT DUE DATES];
- On an hourly basis for services provided to you at a rate of [HOURLY RATE]/hour.
We will send Invoices to you on a monthly basis and payments will be due within 10 days of invoicing. After thirty days, such invoice becomes past due and a 3% late fee will be applied on any undue amount.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF WEBSITE
- Both We and your company must agree on the importance of respecting the intellectual property rights of others, including rights relating to patents, trademarks, service marks, and copyrights.
- Your company must guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it provides to TIPGRICOM for inclusion in the website are either owned by you, or that you have permission from the owner to use them on the website (project).
Likewise, We guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it includes in the website has either been provided by your company, or is owned by the OUR FIRM, or used with permission of the owner for use on the website.
Additionally, neither Party shall include within the website any functionality that is protected by a patent to which the Party has no license or permission to use. If either party, either intentionally or inadvertently, violates these guarantees, that party agrees to indemnify (pay for) any resulting damages to the other party based on a claim from the owner, including attorney fees.
- As to the remainder of the project, intellectual property rights are designated as follows:
- You owns the intellectual property rights to all text, graphics, photos, designs, logos, trademarks, service marks, or artwork, provided to US for purposes of this Web Design Agreement.
- TIPGRIDCOM has a limited, royalty-free, right to use such items for the purposes of completing its obligations under this Proposal, and for purposes of showing potential clients examples of TIPGRIDCOM’S work as outlined in paragraph d.
- TIPGRIDCOM owns the intellectual property rights to all text, graphics, photos, designs, logos, artwork or other visual elements that WE create for you for this project until final payment is made by you.
At that time, ownership shall pass to you, with TIPGRIDCOM retaining a limited, royalty free, right to use such items for the purposes of completing its obligations under this Proposal, and for purposes of showing potential clients examples of TIPGRIDCOM’s work as outlined in paragraph d.
- We will give you a copy of all files relevant to this Proposal to be safely stored. TIPGRIDCOM is not required to keep them or provide any native source files used in making them. WE will own the XHTML markup, CSS and other code and license it to you for use on only this project.
- We reserves the right to display and link to the completed website as part of OUR portfolio and to write about the project on websites, in magazine articles and in books about web design.
MODIFICATIONS TO WEB / CONTRACT PROPOSAL
- The Parties understand that sometimes circumstances change after an agreement is entered Into that may affect the scope of work or the cost of performing the agreement. The Parties agree to the following procedures in this event.
- Any significant modification to the scope of work to be performed by TIPGRIDCOM must be agreed to by both parties in writing (email confirmation is acceptable), including any corresponding change in costs to be paid by you.
For example, if you requests that the Website also be designed for operation on mobile devices, the Parties must agree to add this functionality to the Website Specifications and agree to the additional amount that you will pay to add this additional work.
GENERAL CONTRACT TERMS
- The Parties each represent that they are authorized to enter into this agreement and have had the opportunity to consult with their own attorney(s) in advance of executing this document agreements.
- In no way are we intending this Website Design Agreement to create a partnership, agency, employer-employee, joint venture, or franchise relationship between TIPGRIDCOM and your company. Neither party will incur debts or make any commitments to third parties on behalf of the other.
- Neither of the parties has permission to assign or delegate any of their responsibilities under this document agreements to anyone else without the prior written agreement of the other party.
- The Parties acknowledge that they may obtain access to information regarding each other’s clients, employees or independent contractors during the course of this Web Design agreement.
Both Parties agree that they will not solicit any business from each other’s clients, hire the employee or independent contractor during the course of this Project, nor for one calendar year following termination of this Document, unless consented to in writing.
- In the unlikely event that the Parties later have a dispute about the meaning of this document agreement or whether one or the other failed to meet their responsibilities under this agreement, the Parties agree to the following:
- The complaining party will provide a written explanation of their dispute to the other party, and the parties will then, within seven (7) days, in good faith discuss the dispute and seek a mutually acceptable resolution.
If the dispute has not been resolved within thirty (30) business days after such good faith discussions begin, either party is free to assert its rights in court, if they choose.
- In the event of such a dispute, the parties agree that this document would be interpreted in accordance with the laws of the State/Province of [STATE] (with the understanding that laws regarding how agreements are interpreted is different from state to state) and that the venue, or location, of any dispute or lawsuit would be in the proper court for the County of [COUNTY] in the State/Province of [STATE].
- If any part of this Proposal is determined by a court to be illegal, invalid, or unenforceable, this document will be still be enforce between the parties as to the remainder of this agreement.
- Damages for breach of this agreement will be limited as follows: to TIPGRIDCOM, the total Naira or Dollar amount of this agreement; to your company, the reasonable cost of performing any substitute work necessary to complete the project, and attorney fees and costs to the prevailing party in any lawsuit.
- Neither party will be considered to acquiesce to any breach of this agreement by the other party unless they say so in writing.
- The party’s responsibilities in this agreement are subject to all relevant laws and government regulations.
- This Web Design agreement is the entire proposal between the parties. Neither party has any understandings or expectations from the other party that is not stated in this agreement.
TIPGRIDCOM [YOUR Company ]
TGC TEAM REP: Representative [First and Last Name]
Web Consultant / Developer Representative Company Title
Note : An electronic signature is required with date by each parties and this document we serve as future reference by the two parties as matter arise and to meet both parties satisfaction.