Terms & Conditions
Awaken Company • Since 2007
For the duration of this agreement (or ‘Project’) the company providing the ‘Services’ will be referred to as “Awaken Company LLC” and the client who has hired Awaken Company LLC listed in the ‘Client Name’ section will be referred to as “Client”.
The ‘Services’ of this contract are completed with the understanding that Client has submitted in depth and accurate guidelines/requests of what they want/need in the form of (but not limited to): “Project Questionnaire” or similar documents outlining the creatives requests that Client wishes for Awaken Company LLC to work towards. The ‘Services’ herein are drafted upon these requests and worked towards accordingly. Awaken Company LLC will begin work on the ‘Services’ for Client upon completion of Payment (described under the ‘Payment Plan’) paired with the signing of this document. All PayPal transactions will be charged extra @ 2.9% (+ 30 cents per transaction) and/or Square for Debit/Credit at 3.5% (+ 15 cents per transaction) to account for standard transaction fees from that 3rd party. Projects with a turnaround time under 14 days, completed “on-site” or under $1,000.00 are billed at the ‘Total Cost’ up front unless noted otherwise by Awaken Company LLC. Awaken Company LLC will work towards the completion of the ‘Services’ and no refunds will be issued to Client. Final payment(s) as per the ‘payment plan’ are due upon completion of the ‘Services’ listed above, neglecting to pay within this timeline will result in the remaining amount of the ‘Total Cost’ being due plus 1.5% extra per any exceeding months.
Estimated turnaround times are provided as courtesy to our (Awaken Company LLC) clients to help set their general expectations for timing at the beginning of a project. Estimated turnaround times are planned for accordingly with key milestones throughout the Project to keep tasks moving along steadily. However guaranteed completion dates cannot be promised up front due to every project being unique in the amount of time that it takes to bring every aspect to perfection and to the satisfaction of our clients. In order to keep projects (‘Services’) moving along at a steady pace Client agrees to thoroughly reviewing previews throughout the project and provide accurate/thorough revision requests and supply any requested material in a timely manner (expected of client: 1-3 business days). Neglecting to do so could cause delay in delivery of ‘Services’ at no liability to Awaken Company LLC.
During the course of the project Awaken Company LLC will provide Client with visual design previews of web ‘Services’ during the design process – Upon agreement from Client the decided upon preview(s) will be coded to visually appear the same and functionality will then be programmed/coded in as discussed. All design changes need to be requested prior to coding/programming. Added cost can be added for the following in the course of any project (‘Services’): If design or structural changes are requested during the coding phase of the project as this requires Awaken Company LLC to repeat all or part of the design process – If any coded or programmed piece of work has been agreed upon and later-on requested for change – If Client desires to change creative directions outside the scope of this agreement. Additional rates will be billed hourly or at a flat-rate, this will be translated to the Client ahead of time. All web ‘Services’ are performed with the agreement from Client that Awaken Company LLC may access password protected areas to comple the ‘Services’. Client recognizes that Awaken Company LLC will not back up any existing web content/themes/etc and new ‘Services’ will replace the old entirely. Client agrees that Awaken Company LLC will design a non-intrusive and well-designed credit link into web ‘Services’ (examples of such, but not limited to: “website by awaken design company”, “website by awaken”) and recognizes that Awaken Company LLC may use their project (“Services”) as a promotional piece to showcase their work during the design and development phases, as well as the completed product.
Client assumes responsibility that submitted material (ex: designs, photos, etc), ideas and requests are their own and not the tangible or intangible property of another party – If any ideas or creative direction supplied by Client comes back in conflict of another party Awaken Company LLC accepts no responsibility or fault. Client agrees that they will not hire any other person/company/firm/entity to work on the same or similar ‘Services’ that would compete with Awaken Company LLC during the course of this agreement. If Client intends for the ‘Services’ to contain any of the following content it must be explicitly disclosed prior to the signing of this Agreement: pornographic/adult/suggestive material, violent, political, demeaning or offensive towards religions/races/genders/life-styles/ethnicities, or unlawful in any way. Furthermore, Awaken Company LLC reserves the right to deny creation of ‘Services’ that contain any of the aforementioned, or work around/leave out any of the aforementioned content if possible at no fault to Awaken Company LLC. Client recognizes they have hired Awaken Company LLC as an independent contractor, not an employee and this agreement is in no way a partnership or employment agreement. Awaken Company LLC will provide “Services” under the general direction of Client‘s requests, but will determine the workflow in which the work is efficiently completed. If Client chooses to cancel the ‘Services’ they will forfeit the payment(s) they have submitted to Awaken Company LLC up until that date, as well as owe the remaining balance of the Total Cost for completed ‘Services’ or be pro-rated for incomplete ‘Services’.
Upon final approval issued by Client for the ‘Services’, Awaken Company LLC will finalize the ‘Services’ and require final payment for ‘Services’ in order to launch or transfer them to Client. Awaken Company LLC will test all web ‘Services’ to assure there are no problems with the final delivery of the ‘Services’ and upon launch both parties agree the “Services” are working as intended. Prior to a website launch Client will need to send their necessary login information for and not limited to: Hosting Accounts, Domain Registrars, Online Shop Provider, or other 3rd party information (Awaken Company LLC is not held liable for any hosting downtime, DNS delays or any issues/downtime caused by 3rd parties). After ‘Services’ are transferred and/or launched Client agrees to not alter any of the ’Services’ created by Awaken Company LLC. If problems arise after ‘Services’ are transferred and/or launched to Client they will be subject to Awaken Company LLC‘s Hourly Rate. If 3rd party providers (ex: hosting companies, online shop providers, etc) are used as a part of the ‘Services’ they have their own set of agreements with Client, and Awaken Company LLC has no relation or obligation to these. Furthermore if any changes, downtime or alterations happen to 3rd party systems they are the sole responsibility of that 3rd party. Upon launch or transfer of the ’Services’ the rights of the ‘Services’ provided by Awaken Company LLC are only to be used for Client for the subject matter agreed upon and discussed under this Agreement. Duplicating the ‘Services’ for usages not agreed upon herein is prohibited and must be explicitly approved by Awaken Company LLC in the form of a separate written agreement. Additional usages of ‘Services’ will be billed at a minimum of the total cost of this agreement, unless prior consent/approval was given by Awaken Company LLC.
Awaken Company LLC’s hourly rate is $50.00 per hour. Definition of “Services” that will be classified as hourly work include, but are not limited to: Work that is not clearly covered under this agreement (requests for additional ‘Services’ / deliverables after agreement is signed/engaged, add-ons to the “Services” that were not originally discussed before the project began), anything that breaches any of the agreements herein, direction changes in the design or development nature of the project. All hourly work is tracked through accurate time tracking software that records when work begins and gets completed. Awaken Company LLC will bill for hourly work when completed and payment is due upon receipt (unless a separate payment schedule is arranged & agreed upon). Awaken Company LLC’s hourly rate is subject to change in the future; If hourly rate changes Client will be notified before any work is completed on an hourly basis.
Last updated: 10.06.14