COP - Project Terms of Service
Our Terms of Service procedure isn't long-winded and mind-blowing. We've tried to keep it simple and digestible.
These terms and conditions (“Agreement”) govern the provision of website and app development services (“Services”) by Sketch Creative (“we,” “us,” or “our”) to our clients (“you” or “your”).
By engaging our Services, you agree to the following terms:
• Scope of Services
1.1 We will provide website and app development services as outlined in the project proposal or agreement agreed upon by both parties.
1.2 Any additional services requested outside the scope of the original agreement may require a separate agreement and additional fees.
2.1 You have the authority to enter into this Agreement on behalf of yourself, your company, or your organization. You will provide us with all necessary materials, information, and cooperation required to complete the project in a timely manner.
2.2 You will review our work, provide feedback, and approve or request revisions promptly to ensure project timelines are met. Delays caused by late feedback or approval may result in adjustments to project timelines and additional charges.
3.1 You are legally responsible for paying the agreed project sum in full, regardless of the completion status of the work, after eight (8) weeks of the project being on hold.
3.2 Payments shall be made according to the following schedule:
• 50% on sign-up (this will secure our time, and allows us to get started).
• 25% on sign-off of half-way point review.
• 25% on sign-off of working site preview and confirmation for your project to go live.
3.3 All payments made to us are non-refundable. Late payments may incur additional charges or suspension of Services until payment is received.
4.1 We retain ownership of the intellectual property (IP) rights of the platforms, code, designs, and other deliverables we create during the project, including any modifications or enhancements made to existing platforms.
4.2 Upon receipt of full payment, we grant you a non-exclusive, worldwide license to use the platforms exclusively for your business purposes as defined in this Agreement.
4.3 You may not sublicense, resell, or distribute our platforms or any portion thereof without our prior written consent.
5.1 Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the project.
Limitation of Liability
6.1 We will make every effort to deliver high-quality work, but we cannot guarantee that our work will be error-free due to the complexities of technology and the involvement of third-party suppliers.
6.2 In no event shall we be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services or use of the platforms, including but not limited to loss of profits, data, or business interruption.
7.1 Either party may terminate the Agreement by providing written notice to the other party. In the event of termination, you agree to pay the agreed project amount in full.
7.2 If the Agreement is terminated due to your breach of any of the terms outlined herein, you will be responsible for full payment of the agreed project sum.
• Governing Law and Jurisdiction
8.0 We can’t guarantee that our work will be error-free and so 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 have advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Changes and revisions
8.1 We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time 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 that if this cannot be absorbed within the originally agreed scope of work.
9.1 Project Queue Period: The Client acknowledges and agrees that, upon acceptance of a project proposal and receipt of any necessary upfront payments, their project will be placed into a queue. The purpose of this queue is to accommodate the demands of our agency and to ensure the efficient onboarding of our clients’ projects.
9.2 The duration of the project queue may vary depending on the current workload, internal business activities, and other factors. While we strive to provide estimated queue durations to our clients, it is important to note that these estimates are subject to change.
9.3 The countdown to the project’s official commencement, as indicated in any project timeline or estimate provided, begins after the project exits the queue and enters the production phase. The queue period is not included in the project’s timeline, and the client should factor this into their expectations regarding project completion.
9.4 We are committed to keeping our clients informed about the status of their project while it is in the queue. Clients will receive updates regarding their project’s progress and anticipated start date. However, please understand that the start date is subject to change based on the factors mentioned in this clause.
Flexibility and Cooperation:
9.5 We appreciate our clients’ cooperation and understanding regarding the queueing process. In cases where a client has specific timing requirements or urgent project needs, we encourage open communication to explore potential expedited options, if available.
10.0 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.Then, when your final payment has cleared, copyright will be automatically assigned as follows: You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.We’ll own the unique combination of these elements that constitutes a complete build and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.We love to show off our work and share what we have learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
10.1 We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
10.2 You should supply graphics files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock images, we can suggest stock libraries. If you’d like us to search for images for you, we can provide a separate estimate for that if not included within your project’s scope of work.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
By engaging our Services, you acknowledge and agree to the terms and conditions outlined in this Agreement. If you have any questions or concerns, please contact us before proceeding.