General Working Agreement
Agreement between E-levation.net (Developer) and (Client).
The client is subject to the following terms and conditions.
General Working Agreement:
This document defines the terms and conditions of our working relationship. All projects or services that DEVELOPER may be contracted to produce or provide for CLIENT will be subject to the following:
Payment on receipt of invoice or in advance on website. All goods and services remain the property of Developer / E-levation.net until paid for in full.
Minor site updates will be commenced within 24 hours of receipt of email instruction. On evenings, weekends, bank holidays, holidays and other agreed times the 24 hours period starts from 9am on the next working day. Excluding holidays, dates nominated by the developer and other agreed times. Update requests are accepted by email only.
Website and MultiMedia Development:
Development will be booked in advance with delivery date agreed by both the developer and client. All materials required will be delivered to developer two weeks (or other pre-agreed timescale) in advance of delivery date to allow time for development.
Email Template Development
Client agrees and understands, due to the variety of email clients & devices used to read email, the Developer cannot guarantee email designs will render as per design in every instance. Client agrees and understands that responsive email is not supported on all email clients, email readers and other email reading devices and computers. Client agrees and understands Developer will use techniques and code that are standard working practice by Developer. All code and coding techniques remain the property of Developer / E-levation.net and are not be shared with or reused any other party. Client agrees and understands that some rendering issues can only be solved by redesigning the email.
The scope of WordPress Websites projects include Software Installation & Configuration, Theme Installation, Addition Of Initial Content, Basic WordPress Training / Tutorial Links, Initial SEO & Google Submission. Site “look ‘n feel”, design & functionality is out-of-the-box plus customisation as available within the theme options. Additional functionality suggested, recommended or requested is primarily by means of plugins, some of which incur additional fees and or recurring annual or other fees. Not all plugins and themes are compatible with each other and as a result may not function as intended. This is discovered on a case by case basis and Client agrees and understands that it is beyond the remit of this service to address these issues. Client hosting must support standard WordPress installation.
Problem solving services do not guarantee to fix all issues. Where an issue cannot be fixed a refund of 50% of fee will be repaid to Client.
It is the clients responsibility to have a backup of all files and databases before engaging the services of the Developer. The Client will not hold developer responsible for any loss incurred during the provision of our services.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Production schedules will be established and adhered to by both developer and the client. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
Bookings, Notice And Cancellations:
Agreed production schedule deadlines constitute a booking for that day/s. Cancellation fee of one days fee shall apply for each day concerned should client change delivery date at short notice i.e. on day booked.
Working hours are 9am to 5pm Monday to Friday excluding holidays and other agreed or published days.
Priority scheduling and development requests, where agreed, requiring evening (6 pm onwards) and weekend overtime work, will incur a markup of 100% on the standard rate.
Support is by email only. E-levation.net does not provide telephone support and accepts calls in emergencies only. Telephone support can be purchased as an additional service.
Copy should be supplied in a spell checked, word processed document. Images should be supplied as email attachments. Audio files to be supplied via ftp or other online service.
Nature Of Copy:
Client agrees to exercise due diligence in its direction to developer regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright, logo usage and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. Developer accepts no responsibility when acting on the instructions of a customer for any infringement whatsoever of copyright or registered design.
Errors And Omissions:
It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations prior to release for publication or other implementation. Developer is not liable for errors or omissions. Transmission of files by any means to the Developer by you or your authorised representative constitutes the release of an authorised proof.
Whilst Developer shall expeditiously seek domain registration, Developer shall not be liable in the event of the domain having been registered by some other person by the time the Developer seeks registration, in which event a full refund will be paid to the client without any other liability on the part of the Developer for loss by the client.
Developer accepts no responsibility for delay, loss or damage caused by circumstances beyond their control including website and email availability.
Client will indemnify and hold Developer harmless for any loss or expense (including legal fees), and agree to defend Developer in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
Term and Termination:
The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, Developer will transfer to Client all your property and materials in our control and for which you have paid.
Email and Web Services:
In accordance with Email and Web Services Terms and Conditions