Terms

Summary:

We’ll always do our 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 the following sections, you won’t find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

RESPONSE TIMES

We are “open” from 9am-5pm Eastern. We will reply to you within 2 business hours. Some agreements deviate from this, but generally, we respond very quickly to most requests.

Examples:

• If you email us Monday at 9am, you’ll hear back by 11am.

• If you email us at 4pm on a Friday, we’ll get back to you by 10am Monday. 

We guarantee to respond within 2 business hours. If you don’t hear from us within that amount of time, we may not have received your communication, so feel free to contact us again. While email and texting are pretty reliable, if you are worried we missed something, it might be best to call us - 617.936.0195.

If you have an urgent request, please feel free to call and leave a message at 617.936.0195 or email support@creosphere.net - We’ll respond as soon as possible. Emergency service rates may apply.

Working with Us?

What do both parties agree to?

You: You have the authority to enter into any agreement with Creosphere on behalf of yourself, your company, or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we 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 the dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

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 endeavor to meet every deadline that’s set and on top of that, we'll maintain the confidentiality of everything you give us.

You can sign our mutual NDA, or send us yours and we’ll review it and sign it as soon as possible.

Getting down to the nitty-gritty

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, or Github repository or development site with you and we’ll have regular, contact by either email, phone, Discord, or Slack.

If—at any stage—you change your mind about what you want to be delivered, or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.

Content

Unless agreed separately, we’re not responsible for creating content. We provide professional content creation services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.

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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks 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 those additional weeks.

PUBLISHED RATES

We maintain our published rates on this page. Unless agreed upon in writing, these will always go into effect in the next calendar month outside of any agreement. You will be notified and have the opportunity to negotiate changes.

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. That said, 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’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 we’ve advised you 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.

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.

• 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 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 contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

• 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 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.

• All preparation materials, visuals, and sketches, including all electronic files used to create the project, remain the property of Creosphere.

Displaying our work

We love to show off our work, so we 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

• We’re 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 whatever payment schedule we agree upon.

• We issue invoices electronically. Our payment terms are 15 days from the date of invoice. All proposals are quoted in United States Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.

• You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.

• We reserve the right to charge interest on all overdue debts at the rate of 1.5% per month or part of a month.

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 English and Welsh courts.

Web and Mobile Development Terms