TERMS & CONDITIONS
This contract is between the company or individual indicated at the end of this document (Client), and Dynamik Endeavors, LLC (Dynamik Endeavors) and it details how Client and Dynamik Endeavors will work with one another. This contract will govern all of Client and Dynamik Endeavor’s work together, so it is important that you read it carefully.
1. The Work. For each Project Client hires Dynamik Endeavors to complete, Dynamik Endeavors will provide Client with a proposal based on its description of its needs. By signing the proposal and returning it to Dynamik Endeavors, Client hires Dynamik Endeavors to provide the services as described in the proposal. If the work for any Project needs to be described in further detail, the parties will execute a Statement of Work or Supplementary Attachment. In the absence of a proposal, signing and accepting the Statement of Work or Supplementary Attachment will initiate the project. Here are some details that apply to all of Dynamik Endeavors’ work.
a. HTML/CSS layout templates. When Projects include XHTLM or HTML markup and CSS templates, they are developed using HTML5 and CSS3. Templates are tested in the current version of the browsers made by Apple, Microsoft, Google, Mozilla, and Opera. Templates are not tested in old or abandoned browsers or previous versions of browsers unless Client specifically requests that Dynamik Endeavors do so. Please ask for a quote if interested in these additional services.
b. Text Content. Unless it is specified in a Project’s documents, Dynamik Endeavors is not responsible for providing text content for Projects. Dynamik Endeavors can provide copywriting services if desired. Please ask for a quote if interested in these additional services.
c. Photographs & Illustrations. Unless it is specified in a Project’s documents, Dynamik Endeavors is not responsible for providing photographs or illustrations for a Project. Dynamik Endeavors can assist Client in finding stock photographs or illustrations for a Project if desired. Please ask for a quote if interested in these additional services.
d. Changes and Revisions. If Client requires changes or additional revisions to a Project beyond what is included in the Project’s price, additional fees will apply. Before this happens, Dynamik Endeavors will provide an estimate for the additional work Client has requested and Client will have to approve the estimate before Dynamik Endeavors begins the work.
e. Technical Support. Dynamik Endeavors does not provide software or webhosting support but is happy to recommend service providers that do.
2. Services. Dynamik Endeavors provides a wide variety of services and certain terms are specific to those services.
a. Strategy & Coaching Sessions. Sessions will be scheduled at mutually beneficial times for the parties and may be delivered in person or via telephone or Skype, depending on the parties’ needs and availability. Sessions will include specific deliverables, agreed upon in writing before the session, and may be recorded for Client’s benefit. If sessions are not recorded, Client is encouraged to record the sessions or appoint an official note taker to get the most out of the sessions.
b. Visual Identity, Visual Branding & Web Design. Dynamik Endeavors will offer options and suggest designs based on Client’s unique qualities, branding, and offerings, and the deliverables identified in the Statement of Work. Dynamik Endeavors strives to provide the best possible service but cannot guarantee the availability of third-party applications Client wishes to incorporate into Client’s website. Client is responsible for legal review of any designs or copy it decides to use to ensure there are no intellectual property concerns in using the designs or copy.
c. Social Media Management. Client and Dynamik Endeavors will identify the specific services required and the indicators on which the parties will assess Dynamik Endeavors’ services. Client agrees to provide Dynamik Endeavors access to its social media accounts and allow Dynamik Endeavors to operate the accounts on its behalf in accordance with the agreed upon specifications. Client understands that social media can be a fast paced and dynamic environment and that Dynamik Endeavors will require clear direction from Client to effectively provide its services.
3. Client Communication. For Projects to be successful, Client will need to provide information, material and feedback in a timely manner. If Client does not provide these items by their respective due dates, the Project can be delayed. Dynamik Endeavors reserves the right to adjust a Project’s timeline in such a situation and is not responsible for the consequences of a revised timeline. Many clients find it useful to appoint an internal project manager, point person, design manager or company liaison/representative to ensure they meet Project due dates.
a. Information & Material. Dynamik Endeavors will provide Client with a list of information and material it needs from Client at the beginning of each Project and as needs arise. Client is responsible for ensuring the accuracy and completeness of these items. The parties will agree on a due date for each item and the Project’s timeline will be dependent on those due dates.
b. Feedback. Throughout the Project Dynamik Endeavors will solicit Client’s feedback and request that Client provide that feedback within a certain amount of time, usually no more than 7 business days
4. Cost & Payment. A Project’s proposal, Invoice, Statement of Work, or Supplementary Attachment will detail its cost. Client will need to follow the payment terms and conditions contained in the documents describing the Project. The following terms apply to all Projects:
a. Invoices. Dynamik Endeavors will send Client an invoice and the due date for that payment will be included in the invoice. If Client does not make the payment by the date on the invoice, late fees will apply. Dynamik Endeavors’ minimum late fee is 5% of the outstanding amount, compounded every seven days.
b. Payment Methods. Dynamik Endeavors accepts cashiers checks, direct deposit and credit and debit card payments via third-party payment systems PayPal, WePay (a.k.a Infusionsoft Payments) and Stripe. A processing fee of $0.30 plus 2.9% of the payment amount will apply to all payments processed through a third-party payment system.
c. Deposit. If a Project requires a deposit, the Project cannot be scheduled and work will not begin until the deposit is paid. A late deposit payment can negatively impact a Project’s timeline. All deposits are non-refundable.
5. Testimonial. If Client is satisfied with Dynamik Endeavor’s work, Client agrees to provide a testimonial Dynamik Endeavors may use to describe its work to prospective clients and market its services. In the event Client provides a testimonial, Client authorizes Dynamik Endeavors to use Client’s name, logo, and the name and title of the individual providing the testimonial for these purposes.
6. Ownership. Client promises Dynamik Endeavors that it either owns any material it provides for inclusion in a Project or Client has the right to use the material. Dynamik Endeavors promises Client that the work it does is original to Dynamik Endeavors or its subcontractors and that it does not infringe the intellectual property rights of a third party. Upon full payment of a Project’s cost, Dynamik Endeavors will assign the copyrights or licenses Dynamik Endeavors owns in the Project’s graphics and visual elements to Client. Dynamik Endeavors retains ownership of the code (for example the XHTML markup and CSS) and provides Client a license to use those items in association with the Project for as long as Client uses the Project. Once granted, this license applies worldwide and to all media and it is perpetual and non-revocable. Dynamik Endeavors retains the right to link to any public-facing Project or include aspects of a Project as examples of Dynamik Endeavors’s work. Dynamik Endeavors will never share Project elements that Client tells it are confidential.
7. Limitation of Liability. Because of the nature of software and code, Dynamik Endeavors cannot guarantee that the functions of a website or website template will be error free or that it will be compatible with all third-party services Client may wish to use. Dynamik Endeavors is not liable to Client, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages that arise from a Project, even if Client has advised Dynamik Endeavors of the possibility of such damages.
8. Other Legal Terms. The following terms govern our legal relationship.
a. Relationship of the Parties. The parties are acting as independent entities and nothing in this Agreement is intended to create a business partnership, joint venture, franchise or employment agreement between the parties.
b. Non-solicitation. For at least one year following the completion of a Project, Client promises not to solicit a vendor, independent creator or other professional who provided worked on that Project and with whom Client did not have a prior relationship for work or services that Dynamik Endeavors offers.
c. Term & Termination. This contract is effective the day Client accepts it and will remain in place until either Client or Dynamik Endeavors terminates it. Dynamik Endeavors may update the terms of this contract from time to time and will provide Client a copy of those updates when it does. Either party can terminate this contract for cause by notifying the other party of the breach and providing details on how the breach can be corrected. If the breach is not corrected within 15 days, the contract will terminate. Dynamik Endeavors can terminate this contract for any reason with 30 days notice to Client.
d. Entire Agreement. This contract and any associated Statements of Work or Supplementary Attachments are the entire agreement between the parties about Dynamik Endeavors’ services and no other terms or conditions apply to the parties’ relationship. In the event of a conflict between the terms of this contract and a Project’s proposal, Statement of Work or Supplementary Attachment, the proposal, Statement of Work or Supplementary Attachment will control. Dynamik Endeavors reserves the right to update the terms of this Agreement from time to time to capture changes to Dynamik Endeavors business practices. A copy of the modified Agreement will be provided to Client within 48 hours of any change.
e. Severability. If a term is deemed illegal or unenforceable the provision will be removed from the Agreement. The remainder of the Agreement will survive and remain enforceable by and against all Parties.
f. Governing Law & Venue. This Agreement will be interpreted under the laws of the State of Oregon. In the event of a dispute regarding this Agreement, the Parties agree to engage in good faith mediation prior to filing a civil action. Any civil action taken regarding this contract must be brought in state or federal court nearest to Dynamik Endeavors’ business headquarters.
Unplanned components, ideas, revisions, and project scope happen - when there is an unexpected event that will incur a cost, we will notify you ahead of time and will not produce unless we receive clear approval for increased budget and timeline. Hourly rate: $150/hour, billed to the quarter of an hour through our online billing and desktop hour tracking software, Toggle. However, most additional projects and/or project modifications will be scoped and created on an x-price basis.
For any further questions, please contact us here:
Phone: (646) 462-3888