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Terms and conditions
Terms and conditions for web project
This agreement is made between Kye Valongo trading as Acorn Concepts and the Client specified in the project proposal.
The purpose of the agreement is to ensure that both parties know their roles, rights and responsibilities, and to ensure that the project is successfully completed to the satisfaction of both parties. Both parties are expected to perform their duties conscientiously and in a professional manner.
The services, fees, and other non-standard conditions are specified in the project proposal.
The parties agree:
1. Basis of Web project
The Client will provide Acorn Concepts with a copy of the requirements of the project at the start of the project. The web project will be based on this. Changes to the web project will incur additional costs.
2. Access to Information
a. Acorn Concepts requires access to one subject matter expert (SME) who can answer questions in a timely manner. The SME is specified in the project proposal.
b. Acorn Concepts will work with other members of the Client’s team as suggested by the SME, but ultimate responsibility for the accuracy of information given to Acorn Concepts lies with the SME.
3. Provision of Equipment
a. Acorn Concepts will provide its own general purpose computing and office equipment required for the production of the web project.
b. If specialist equipment is required, then Acorn Concepts may require that this be provided by the Client for the duration of the project.
4. Approval of Deliverable Items
To ensure the web project conforms to the Client’s expectations and that the web project is accurate, the Client is required at various stages of the web project life cycle to formally approve the deliverable items that are produced (these are specified in the project proposal).
a. Acorn Concepts will provide a draft of the item to be approved.
b. The Client will evaluate the draft in a timely manner and will provide Acorn Concepts with a list of required changes.
c. Acorn Concepts will make the modifications that the Client requires (unless this compromises the usability or general quality of the web project) and will provide the Client with this new version.
d. Following any modifications, the Client will do one of the following:
i. Formally approve the deliverable item in which case it passes to the next stage. Approval can be either on paper or by email.
ii. Ask for a further re-working, which will be at the Client’s expense (unless any necessary re-working is due to Acorn Concepts’ error).
6. Errors and Omissions
All completed web project must be checked carefully by the Client. Whilst utmost care is taken in the preparation of web project, no liability can be accepted for errors or omissions. Payment of the final invoice indicates that the Client has performed this check.
7. Additional Fees
a. In addition to the Fees specified in the project proposal, the Client will pay Acorn Concepts at the agreed rate for the following:
i. Additional work required by the Client which is outside the scope of the web project as defined in the project proposal.
ii. Changes to the web project which are required as a result of changes to the required functionality or structure.
iii. Changes to web project at the request of the Client after a deliverable item has been approved (see section 4, “Approval of Deliverable Items”).
b. There are no fees for normal office consumables, phone calls, printing of drafts and other small items.
8. Timely Disclosure
a. If Acorn Concepts has any reason to believe that the web project cannot be finished on time, Acorn Concepts will inform the Client as soon as is reasonably practical.
b. If the Client is in any way unsatisfied with the progress or quality of Acorn Concepts’s work, or if the web project requirements changes, the Client will inform Acorn Concepts as soon as is reasonably practical.
9. Early Termination
a. Either party may terminate the contract at any time if the other party fails to meet its obligations specified in these terms and conditions. In such case, prior to termination, the innocent party will inform the other party in writing that it is not meeting the agreed obligations and that if this is not rectified within five working days, the innocent party will terminate the agreement.
b. If the Client is the innocent party, then following this notice, Acorn Concepts will rectify the matter without expense to the Client.
c. If Acorn Concepts is the innocent party, then following this notice, Acorn Concepts will not spend time on the project. If the matter is rectified, and Acorn Concepts continues to work on the project, Acorn Concepts will not be liable for any delays to the provision of the web project.
d. If termination proceeds
i. Full payment must be made immediately for any invoices already submitted.
ii. Any other work done (excepting that carried out under clause b), whether or not this is complete, must also be paid for. This will be charged at the standard rate, as specified in the project proposal. Acorn Concepts will invoice the Client after notification of termination, and this must be paid immediately.
All information supplied by either party to the other will be treated in strictest confidence.
a. Copyright of the coding of the web project will be retained by Acorn Concepts but the client is granted unlimited use of that coding on the web project.
b. Copyright of all content on the website will be retained by the creator of said content.
c. Acorn Concepts retains copyright of all web project that relates to publicly obtainable products or information that resides in the public domain.
12. Intellectual Property
a. Any content, coding or other intellectual property that relate solely to the product will be the property of the Client.
b. Any other intellectual property will reside with Acorn Concepts.
This agreement is governed by the laws of Scotland.
14. Circumstances beyond Control
Neither the Client nor Acorn Concepts shall be held responsible for circumstances beyond their reasonable control.