Service Contract

Last Updated | January 2020

Ugly Hat Studio may be referred to as “we, us or our” below. You, the client, may be referred to as “you, your or the client.”

This contract is intended to cover both parties involved to ensure a professional, timely, successful and all around awesome experience for this project from start to finish and is broken down into 3 phases so as not to be a terrible, wordy read like most contracts.

Phase 1 – Getting Started

Deliverables

See the project proposal for development details and deliverables agreed upon. Ugly Hat Studio strives to provide professional, personal service throughout the development process and will work diligently to complete the project by the proposed deadline/launch date if specified.

Payment

All payments are due upon invoice due date. Should a payment be late, Ugly Hat Studio reserves the right to freeze all work until accounts are settled. Payments can be made via

Electronic Invoice via Wave Apps, or by Check/Money Order mailed to:

Aimee Lapiana
462 Beech Road
Eliot, ME 03903

Projects are handled with $500 up front, 100% due at completion policy.

 

Limited Liability

The client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the client of the output of the software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third party assets including but not limited to fonts, media, and software. The client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the site and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.

 

Hosting

We recommend hosting with Ugly Hat Studio. If a hosting plan is already in place, Ugly Hat Studio will need the hosting login and/or cPanel access associated with your site and hosting account. All email and domain support issues should be directed to the client’s hosting service unless stated otherwise.

 

Review, Expiration or Cancellation

This contract is valid for the calendar year in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the contract and decide whether or not to renew. This contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of contract.

 

Phase II – Development

 

Point of Contact & Training

Ugly Hat Studio will require one point of contact during the contract for clarifying requirements for design, key features, usability and maintenance issues.Ugly Hat Studio requires this person to be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.

 

Project Management

Ugly Hat Studio uses Basecamp to effectively manage communication and file sharing throughout the duration of the project while also limiting email threads and potential loss of content and communication. Though all communication for the project is recommended to stay within Basecamp, email can still be used. Messages from Basecamp can be replied to from a standard email account. Once your project is underway, an email will be sent with directions for setting up a Basecamp profile.

 

File Sharing

Ugly Hat Studio uses Dropbox to effectively share and transfer large sizes or quantities of images and computer files. Basecamp can be used for sharing a minimal amount of images and files, but a custom Dropbox folder may be set up for sharing depending on number of images, files, etc.

 

Project Turn Around

Once all logins, images and information are received, projects are generally completed within a 30-90 day period. Length may vary depending on project size and functionality. Desired completion date and design time is agreed upon at the start of the project.

 

Response Time

Ugly Hat Studio will make every effort to reply to inquiries within 24 hours, Monday through Friday except where the client has been previously notified of a period of limited availability.

You (the client) also agree to providing feedback when asked for review and additional needed content/information for project progress in a timely manor either within 72 hours, Monday through Friday or date specified byUgly Hat Studio unless we’re notified of a period of limited availability.


Avoiding Delays & Project Drag Ons

The main reason many web design projects and designer/client relationships go south is due to designers waiting on content or feedback. You (the client) agree to provide all content and information needed in order forUgly Hat Studio to start the project in a timely manner which may be specified or requested by Ugly Hat Studio. We retain the right to delay starting on the project until all needed content and information is provided by you and the deadline/launch date may be void as well if all content we need is not provided in the requested time during the development process.

If, after 6 months of the initial project start date, the client has not responded with the necessary feedback or additional content needed to complete project (even if paid in full), Ugly Hat Studio reserves the right to increase the project total cost (to align with our updated rates) with a revised quote that must be agreed upon by both parties in order to finish project.

If, after 1 year of the initial project start date, the client has not responded with the necessary feedback or additional content needed to complete project (even if paid in full),Ugly Hat Studio reserves the right to either increase the project total cost (to align with our updated rates) with a revised quote that must be agreed upon by both parties in order to finish project or decline to work with client and project completely.

 

Phase III – Completion


Going Live

Ugly Hat Studio strives to keep down time to a minimum when launching a website and or moving from another host. Please allow for up to 24-48 hours of propagation time for a new site going live depending on where the hosting server is located. If in that time the old site still appears, try refreshing your browser.


Backups

Ugly Hat Studio maintains internal backups of active project code and design files. Once the website is complete, a full backup of the site files and database will be stored locally as well as all graphic design and code files. Ugly Hat Studio does not keep monthly backups stored unless agreed upon with the website security/maintenance plan. (see below)


Website Security

Although Ugly Hat Studio makes every effort to provide the most secure website, due to the nature of rapidly advancing technology, Ugly Hat Studio can in no way guarantee that the site will not be subject to security breaches. Ugly Hat Studio recommends the use of strong passwords and the observance of standard security practices.

Ugly Hat Studio offers a website security/maintenance package outlined in the proposal.

Upon completion of the website, this plan is put in place to keep your website secured, protected, maintained, backed up and reported. There is no obligation to purchase this plan but it is highly recommended. Should your site be compromised while on our monthly plan, we will restore your most recent backup and change login credentials for safety and security purposes.


Website Maintenance & Updates

If you choose not to elect Ugly Hat Studio to manage your website with the plan above, it is highly recommended that you or a member of your staff update WordPress, themes and plugins monthly. This is the best way to deter potential website hacks and breaches through outdated plugins. It is recommended not to let a plugin sit outdated more than 4 weeks. In this case, Ugly Hat Studio can provide user access to the website.


Warranty

Ugly Hat Studio will provide patches and bug fixes for any issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All maintenance and updates outside of the project scope or after the grace period can be attended to at our hourly rate.

Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.


Credit

Ugly Hat Studio retains the right to use the clients within its roster of clients. A link to the client website may be placed on the Ugly Hat Studio website as part of its business portfolio.


Testimonials

If a testimonial is given, via online platform or by email, Ugly Hat Studio retains the right to use that testimonial and headshot on its website as well as publishing to newsletters, social media, etc.

 

Enough of that legal stuff…Let’s get started!

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