My Policies & Terms of Service

Updated: June 2018

Summary:

I’ll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

In this document you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into signing something that you might later regret.

What I do want is what’s best for both parties, now and in the future.

So in short;

You are engaging me, Renee Shupe, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes me to access and write permissions to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

For the estimated total price as outlined in my previous correspondence.

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give us.

GETTING DOWN TO THE NITTY GRITTY

Text content

Unless agreed separately, I am not responsible for inputting text or images into your content management system or creating every page on your website. I can provide recommendations for  professional copywriting and editing services.  A delay on your part in meeting deadlines and requests for content is not a reason to delay any payments as outlined by the payment terms

Graphics and 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, I can suggest stock libraries.

If you’d like me to search for photographs for you, I can provide a separate estimate for that.

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.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera.

I’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. I won’t test in other older browsers unless we agreed separately.

If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Mobile browser testing

Testing using popular smaller 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. I test my designs in:

iOS 9: Safari, Google Chrome

Android: Google Chrome on Android Emulator

I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately.

If you need me to test using these, I can provide a separate estimate for that.

Technical support

I’m do provide hosting as an option for my clients on either my Geek in Residence or Geek in Your Pocket services.  If you do not have hosting with me I don’t offer support for website hosting, email or other services relating to hosting.

You may already have professional hosting and you might even manage that hosting in-house; if you do, great.

If you don’t, I can set up an account for you at one of our preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Search engine optimization (SEO)

I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines.

Changes and revisions

Most projects include 2 rounds of edits or reviews.  What this means is you can provide me with a document with the revisions you’d like to see completed on the project.  You can do this twice.  This document could include 3 changes or 26 changes.

I don’t want to limit your ability to change your mind, though so the price at the beginning of this contract is based on the number of weeks that I estimate we’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible.

If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional updates.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

When you provide text, images or other artwork to us, you agree to protect me from any claim by a third party that we’re using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by us or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property.

Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:

You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy.

You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying work

I love to show off my work, so I reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule, as outlined in the proposal email that was sent to you.

I issue invoices electronically. My payment terms are payable immediately upon receipt. All proposals are quoted in US dollars (unless stated otherwise) and payments will be made at the equivalent conversion rate at the date the transfer is made.  You may receive a directly link to my PayPal account or an invoice.  If you want an invoice for your service, I am happy to provide one.

You agree to pay all charges associated with international transfers of funds, should there be any. I accept payments via credit card or PayPal and both options are made available on the invoice. I reserve the right to charge interest on all overdue debts per month or part of a month.

Availability

The Contractor is available during the following working hours Tuesday through Thursday, 9:00 am to 3:00 pm Mountain.  Clients are requested to send an email for any service requests and most client work (unless arranged otherwise) is completed on Wednesdays and Thursdays

Communication

Preferred communication is by email, followed by scheduled phone calls.  All task requests should be provided by email and if the task or project is extensive a scheduled call to discuss the project further can be arranged.

Lack of communication: If there is an extended delays to responses to keep any project moving forward this may cause a delay in the project and deadlines being met.  I will not be held responsible for missed deadlines if you fail to respond in a timely manner.

This is your project as much as it is mine so your timely response to requests for content and other items is requested.  I will follow up twice within a 14 day period and if I haven’t received a response from either request you project will be put on hold.  After 30 days if there is no response a project reactivation fee of $450 US is required to put your project back into the production schedule.

Short Notice, Rush & Weekend Requests

My business model is such that planning takes precedence.  On occasion the I may choose to work on the weekend to ensure projects are completed as need, but this is not an expected result.

At my discretion it maybe be necessary to implement a “Rush Fee” for Hourly and Retainer Clients.  If this is required you will be notified prior to the start of any work to confirm that the Contractor should continue on the project for the “Rush Fee”. Rush Fee:  Additional 50% of the clients regular hourly rate, in addition to the regular rate, for “after hour” projects Monday through Thursday.  100% of the clients hourly rate, in addition to the regular rate, for “after hour” projects Friday through Sunday

Legal stuff

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified.

I reserve the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

With a WordPress based website,  you be able to independently edit or update your web pages after completion of the site, unless otherwise agreed upon in this agreement by us. If anyone other than myself or my subcontractors attempt to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $100 US per hour. There is a one-hour minimum.

I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

This Work Statement Agreement is governed by the laws of Alberta, Canada without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with me, Renee Shupe, or relating in any way to your use of the created webpages or Internet website resides in the courts of the Province of Alberta.

Phew.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Alberta, Canada.

ACCEPTANCE

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here.

I, Renee Shupe, reserve the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact me with any questions regarding the terms of service by email.