Terms
Summary
Note: If there is any term or condition that prevents you from dealing with me, I will look at it, and if reasonable, I will confirm in writing its exclusion as part of our agreement.
• Quotations are valid for 14 days from the date of issue.
• The offers refer in my qoute to the terms and conditions on this page.
• When you accept the quote, you also accept these terms.
• Content is shared via Slack, Wetransfer, Filemail, Google Drive or another cloud service. Always use the specified email address.
• Feedback is made via e-mail & chat. Always reply in existing conversations, don’t start new threads. We don’t want to lose any of your answers.
• Jolico Limited 有限公司 is a private company based in Hong Kong.
We will always do our best to meet your needs and meet your expectations, but it is important to have things written down so that we both know what is what, who will do what and when, and what happens if something goes wrong wrong.
In this agreement you will not find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something you might later regret. What we want to achieve is what is best for both parties, both now and in the future.
WHAT DO BOTH PARTIES DO?
• You are authorized to enter into this agreement on behalf of yourself, your company or your organization.
• You will provide us with the assets and information we need to complete the project and you will do this when we request it and in the formats we request.
• You will be able to review our work, give feedback and approval in good time.
• You answer our questions via email as soon as you have time. We assume that you read your e-mail daily during the course of the project. If the project is delayed due to late feedback, it will definitely affect our delivery time.
• Deadlines work in two ways, so that you are also bound by the dates we put together. You also agree to adhere to the payment plan specified in the quote.
• We have the experience and ability to do everything we have agreed on and we must do everything in a fast and professional manner.
• We build the website on a hidden development server that you have full access to. This is neither searchable nor public.
• We strive to meet the agreed deadline and maintain the confidentiality of everything you give us.
THE DESIGN PROCESS
We create a basic design that is responsive and adapts to different screen sizes. We build with WordPress, the world’s most used CMS, with the Divi theme, one of the most used WordPress themes.
Our work is imbued with security and long-termism. We only use extensions that are safe and up-to-date, and whose authors give us good support.
We have the right to hire subcontractors for all or parts of the project. We are responsible for these, and they assume the same responsibility as us under this agreement.
You will continuously have the opportunity to follow the progress of the project and give feedback. It is in your interest to respond to email as soon as you can in order to keep to the schedule we agree on. Delays caused by late responses to our questions are your responsibility.
If at any stage you change your mind about what you want to be delivered and/or are not satisfied with the direction our work is taking, you pay us in full for the time we have worked for you and we end the collaboration.
TEXT AND IMAGE CONTENT
Our price applies if the image material is in jpeg and png formats and is delivered as separate source files, i.e. not embedded in Word, pdf or other files. In addition, we assume that your texts are complete, structured, translated and ready to use. We accept email, doc, rtf or txt – pdf should be avoided. Any additional processing of the content will be billed at an hourly rate.
COMPATIBILITY WITH BROWSERS
We test web pages with the latest versions of the common browsers for MacOS and Windows. If you need compatibility in another browser, we can offer this separately.
COMPATIBILITY WITH MOBILE BROWSERS
We test the website in mobile devices with normal screen sizes and with standard browsers. We cannot test in Blackberry, Windows or rarer Android devices or other mobile browsers.
SEARCH ENGINE OPTIMIZATION (SEO)
We cannot guarantee any search results with Google. But the web pages we build are indexable to search engines. We insert text excerpts and a sharing image according to the principles of OpenGraph.
AMENDMENTS AND REVISIONS
We never want to limit your ability to change. The target price in the quotation is based on the time we estimate we need to carry out everything you have told us you want to achieve, but we are happy to be flexible. If you want to change or add, we will give you a separate quote for these.
HOSTING AND DOMAIN NAMES
Domain names booked by us are transferred to you after the final invoice has been paid. Web hosting is booked directly in your name. If we choose a supplier for this, this is included in the price. If you already own a domain name and web hosting, and if the installation or redirection work takes longer than 30 minutes, we have the right to charge for actual working time.
SUPPORT
SUPPORT AGREEMENT
After launch, we take care of the website according to the standard support agreement on a full-year invoice. This is charged on the final invoice. We keep the site up-to-date and secure, monitor security and uptime, and manage communication with web hosts and other suppliers. If you wish to add time for assistance with content and advice, please get back to us about this.
LICENSES
During the time we have an ongoing business relationship, the license for the Divi theme (and the Divi Builder, Monarch and Bloom plugins) is included. If our business relationship ends, you must purchase your own licenses to be able to update them on your own.
Licenses for the plugins included in the assignment are included in the first year. After that, you can take over the responsibility or we will charge you for a share of the license cost annually in advance. If payment ceases, the license is deactivated.
LEGAL MATTERS
We will carry out our work in accordance with good industry practice and to the standard expected of a qualified firm with relevant experience. We reserve the right to collaborate with others on this project. They take on the same responsibilities that we do.
We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other consequential or special damages.
Your liability to us is limited to what is payable under this contract and you will not be subject to us or any third party for damages, including lost profits, lost savings or other consequential or special damages, even if we have advised you of them.
Finally, if any provision of these terms should be unlawful, void or for any reason unenforceable, that provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
IMMATERIAL RIGHTS
Just to be clear, “intellectual property rights” means all patents, rights to inventions, copyrights (including rights in software) and related rights, trademarks, Internet domain names, rights in designs, database rights, rights in confidential information (including know-how ) and all other intellectual property rights.
First, you warrant that all parts of the text, images or graphics you enter are either owned by you or that you have permission to use them. When you provide us with text, images or graphics, you agree to protect us from any third party intellectual property claims.
We guarantee that all parts of the work I deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide you with text, images or other graphics, we agree to protect you from any third party intellectual property claims.
Provided that You have paid for that work and that this Agreement has been terminated, we assign all intellectual property rights to You as follows: You own the website we design plus the visual elements we create for the site. The source files and finished files are stored on your hosting in a special folder because we are not obliged to keep a copy.
We will own all intellectual property rights that we developed before, or developed separately from this project and are not paid for by you. We will own the unique combination of these elements that make up a complete design, unless we agree otherwise.
SHOWCASE OUR WORK
We love to style our work, so we reserve the right to display all aspects of the creative work, including sketches, work-in-progress and the finished project in our portfolio, social media and on our own and others’ websites. If you do not allow this, please let us know. If you have written a review afterwards, we are allowed to publish it with your name, link and your picture. Publication of reviews on other sites is regulated by the respective site.
PAYMENT PLAN
We are confident that you understand how important it is that you pay our invoices promptly, as we are a small company. We issue invoices as PDF and you pay to one of the accounts specified in the invoice within 10 days of the invoice date. You are responsible for your fees for transfers to our accounts.
Projects under €800 are always paid in advance. For projects over €800, 50% of the quoted target price is invoiced in advance. After a month’s work is done, we invoice 25%. After you approved the final design, we invoice the remaining 25% and for any additions ordered by you. After the final invoice is paid, we move your new website to the live web host.
We have the right to sell the invoice to a third party.
CHANGES
Changes to our terms and conditions may be necessary for various reasons. If this happens, we will notify you via email. If you have objections to these, you must notify us within 8 days of receiving the email. Otherwise, the new conditions apply immediately, and also for current projects.
BUT WHERE IS ALL THE HORRIBLE FINE PRINT?
Just like a parking ticket, neither of us may assign this Agreement to another without the other’s permission.
We both agree that we will comply with all relevant laws and regulations in connection with within the scope of this Agreement and not cause others to violate relevant laws and regulations.
Although the language is simple, the intentions of both parties are serious and our agreement is a legally binding document.