Terms of business
Overview
We will always do our best to fulfill your needs and meet your goals, but it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong.
In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
In Short
You (the customer) are hiring us (Coleman Consultants Limited) located at 2 Brackley Road, High Wycombe to design and develop software as outlined in our previous correspondence.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged our standard hourly rate. Along the way we might ask you to put requests in writing so we can keep track of changes.
Legal Stuff
We can't guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.
Payment Schedule
Unless otherwise agreed the following payment schedule will apply:
- 33% deposit of total price payable before we start work
- 33% part-payment of total price payable on project completion (or the original completion date if the project has been held up by the customer)
- Remaining 34% is invoiced on 14 days credit at the date of launch.
Monthly service fees commence from the date of launch. Your first service invoice will be from the date of launch to the end of that month, subsequent bills will be invoiced on the 15th of the month for the following month period and are payable within 14 days.
Payment schedule – Project Delays
If the project is delayed by actions of the customer (for example: failure to provide materials or sign-off designs in a timely fashion according to the agreed schedule) we will invoice the second payment in the payment schedule on the agreed completion date. At this time we will also start to charge a monthly project management retainer, at the value of the monthly service fees that will enable us to continue to keep your project in our schedules until you enable us to finish the project.