DEPOSIT AND PAYMENTS
Projects under $5,000 are to be paid in full before the start of the project. Projects between $5,000 and $25,000 require 50% deposit to begin, with the balance paid upon completion. Projects over $25,000 will follow pre-approved payment schedule agreed on by both parties. All payments are due within 15 days of the invoice date. If payments are not received within 15 days, you will be charged 10% per month late fee. All work remains the property of DavidBaker.TV until final payment is received. You may not use or distribute any work until DavidBaker.TV is paid in full. Projects are non-refundable and may not canceled until the current scope is completed.
EXPANSION OF SCOPE
If your project changes scope and will take considerably longer than estimated, we reserve the right to re-scope the project and notify you immediately of any additional costs that may apply. If scope is expanded by you, we reserve the reserve the right to either re-scope the entire project, or bill at our hourly rate of $150/hr.
DESIGN
We create look-and-feel designs, and responsive layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) You’ll have plenty of opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
TEXT CONTENT
We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
PHOTOGRAPHS
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
HTML, CSS AND JAVASCRIPT
We deliver web page types developed from HTML5 markup, CSS3 stylesheets for styling and unobtrusive JavaScript.
BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for older versions of Internet Explorer and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in: iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox. We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
TECHNICAL SUPPORT
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. We can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
CHANGES AND REVISIONS
The price at the beginning of our contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve. Unless other wise noted we provide no more than TWO rounds of revisions (alpha and beta). If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
DELAYS
Completion of a project is affected by feedback and receipt of content from you. If there is a delay in content or feedback from you, timelines will be adjusted accordingly. We cannot be held responsible for delays outside of our control.
ERRORS AND OMISSIONS
You are responsible to double check carefully for accuracy. We are not liable for errors or omissions. Once a project is approved by you, we are not responsible for any future cost incurred due to errors.
INDEMNIFICATION
Client agrees that it shall defend, indemnify, save and hold DavidBaker.TV harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against DavidBaker.TV, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless DavidBaker.TV against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DavidBaker.TV; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Clients from DavidBaker.TV’s server.
OWNERSHIP
Once a project has been delivered by us and is fully paid for by you, we will assign the ownership rights as described in the proposal. According to the Copyright Law of 1976, the rights to all design and artwork, including but not limited to photography and or illustration created by independent photographers or illustrators retained, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with the Designer and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated.
ARBITRATION
By using any DavidBaker.TV services, you agree to submit to binding arbitration. If any disputes or claims arise against DavidBaker.TV or its subsidiaries, such disputes will be handled by an arbitrator of DavidBaker.TV’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
DISCLAIMER
We shall not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DavidBaker.TV and its employees.
CHANGES TO THE TERMS OF SERVICE
DavidBaker.TV reserves the right to revise this Terms of Service and policies at any time without notice.