Summary : In this agreement you won’t find any complicated legal terms or long passages of unreadable text. This agreement is put into place to ensure both parties provide their services and payment as outlined below. “You” are hiring “us”, DS MEDIA , to provide the following services: What do both parties agree to? Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us. The estimated timeframe for this project is 4 weeks (from the signing of this agreement) however this relies on the timely receipt of all information required to carry out the work. You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. We would appreciate your help in giving us the assets and information we need to complete the project on time. Design : We will give you plenty of opportunities to review our work and provide feedback, with regular contact. Content : The content for the website will be both transferred from the previous website version if applicable and provided by you to add to the website. Photographs : We will provide professional stock images for the site. You have the option to use paid for images, however, DS Media are not obliged to pay for any images sourced and not owned by you. We can also provide photography services if required. Technical Support : We will be hosting and managing your website through our third party web hosting and we will offer 24-hour email assistance throughout the length of this agreement. Technical support also includes: 18 months of basic changes. Basic changes include updating text and photos on existing pages. As well as 18 months of monthly backups with update and security checks. This does not include adding additional pages or changes to the design or site map. Changes and Revisions : We don’t want to limit your ability to change your mind. The price at the beginning of this agreement is based on the resources that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. 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 the extra work, such as photography or video. Legal Stuff : We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. We 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 agreement 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 we’ve advised you of them. 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 you, or that you’ve permission to use them. You hold responsibility for all content on your site and are responsible for knowing the copyright of such information or imagery. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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 agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows: You’ll own the website we design for you plus the visual elements that we create for it. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We love to show off our work, so we reserve the right to display all aspects of our creative work, including designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. Payment Schedule : Payments are made via direct debit as outlined below. Monthly Payments of £60 per month for an 18 month contracted period. After 18 months £60 per month on a rolling basis. Payments will be made via direct debit and include all protections outlined in the direct debit guarantee. If you decide to cancel this contract within the 18 months, all remaining payments will be still be required to be paid, either in full or for the remaining monthly term. If you cancel after the 18 month contract, 1 months notice will be required, your final payment will be taken and then you will be given access to the website files if required. Entire Agreement We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of English and Welsh courts. Signed by Daniel Spratt on behalf of DS Media I agree to the terms and conditions outlined above
