The Deep End will deliver the products and services proposed in the Project Scope. In return, the client agrees to pay The Deep End the amount proposed in the Project Estimate according to the Payment Schedule (see Payment Schedule below). Any work requested by the client, and not included in the Project Scope, will be additionally charged to the client at the company standard hourly rate of $125. A project is considered complete when the client has signed off on the project, made the final payment, or 15 days after the client has received the final product or service but not signing off on it.
Project is divided in several phases. Each phase must be completed before work on the next phase may begin. A phase is considered completed when the client approves the work in progress assigned to that phase.
Any content not expressly included in the scope of work will be the responsibility of the client. This can include, (but is not limited to): logos, copy, photography and video.
The Deep End will deliver the work in progress proposed in Project Deliverables to the client for review and approval. The client agrees to provide prompt feedback to the work in progress presented and allow uninterrupted production flow. Absence of prompt feedback will postpone the estimated completion date and may result in Hold Fees.
A project will be put on hold if Feedback is not received within 15 days. The Deep End reserves the right to charge a Hold Fee in any amount up to $500 or 5% of the total project amount, whichever is less.
Errors and Omissions
It is the client’s ultimate responsibility to thoroughly review the work in progress and final product or service before approving it. The Deep End will do its best to identify and eliminate any content-related error and omission. However, The Deep End is not responsible should any such error or omission go undetected and become a part of the final materials.
The Deep End will correct technical issues related to codes and functionality of website components that resulted from The Deep End oversight within 15 days of project completion.
The client agrees to indemnify and hold harmless The Deep End from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by the Client.
Intellectual Property Rights
The Deep End will retain the rights to all parts of intellectual property it has developed. The client will retain the intellectual property right to the products and services listed under Project Deliverables.
Please see the Payment Terms in the work scope portion of this document. Each payment is due immediately after the phase is complete. The next project phase will not begin until the prior phase payment has been received. Late payments will result in production delays and/or late fees.
Late fees will be assessed at 2% monthly interest rate for the amount owed. The assessment of the late fees will begin accumulating 15 days after the date on the final invoice.
Certain items cannot be returned or refunded due to their nature. These items include, but are not limited to: Stock photography, music, web hosting, domain names, statistical packages and software, etc.
Point of Contact
The Deep End will require one point of contact during the Project for clarifying requirements for design, key features, usability and maintenance issues. The Deep End requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by The Deep End, and The Deep End shall be compensated by the Client for the services performed through the date of cancellation based on an hourly rate of $125. If the Client fails to contact The Deep End, and The Deep End is unable to contact the Client, for more than 30 days, cancellation of the assignment will be presumed and the above terms will apply.
The Deep End has no control over ranking and does not guarantee a presence of any developed or hosted website on any search engine.
Any errors made by The Deep End reported within 30 days of the website going live will be fixed without any fee. Any bugs or errors reported after the website has been live on the Internet for 30 days will be billed on an hourly basis at $125/hour.
Limitation of Liability
THE SERVICES AND THE WORK PRODUCT OF THE DEEP END ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF THE DEEP END, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF THE DEEP END. IN NO EVENT SHALL THE DEEP END BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY THE DEEP END, EVEN IF THE DEEP END HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.