TERMS & CONDITIONS

Within this agreement {client_name} is the client which this agreement is made with.

QUOTATIONS

All proposals are estimates based on the information provided to date by {client_name} and suppliers. Proposals are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Proposals do not, include couriers, outsourced artwork, photograph, illustration, copy writing or other ‘out of pocket’ expenses, these will be additional.

Quotations are only valid for 14 days from date of issue. After 14 days has passed Pear IT may review the project timeline or inclusion costings.

LATE / RUSH FEES

All quotes prepared by Pear IT are based on the work being provided to Pear IT in a timely fashion in order to meet deadlines. Pear IT reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Pear IT will not accept responsibility for errors in rush jobs.

DESIGN REVISIONS

Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions on the initial design concept provided. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges. Pear IT reserves the right to determine which revisions are considered billable.

CLIENT DELAYS

Pear IT has the right to invoice clients for all work completed on any projects where a client delay of more than 2 weeks takes place. An invoice will be supplied for all work completed up to the time of the delay.

If an extended delay takes place Pear IT has the right to archive the development work completed. A cost may be incurred to restore the development site and update where required to the latest standards.

FUNCTIONALITY 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 proposal prices at the beginning of this document are based on the amount of work 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 page templates or even change functionality, that won’t be a problem. However, {client_name} will be charged accordingly and these additional costs will need to be agreed to before the extra work commences.

FOOTER NOTICE

Pear IT has the right to add a link to the base of websites developed to point back to www.pearit.com

PORTFOLIO

Pear IT has the right to add all work completed to our portfolio. This may include introduction text to describe the client, client logo, testimonials and screenshots of work completed.

PREMIUM PLUGINS

Your website may or may not have been built using premium plugins or extensions to add functionality. Premium plugins require yearly license renewal fees per website to keep the code updated and secure.

If you subscribe to our Active Care plans you will optionally be billed for the renewal fees of any premium plugins used to develop your website not covered by our developer license after the first year – alternatively these may also be managed by {client_name}. If you select not to renew the license we cannot be responsible for any functionality or security issues this may cause in the future.

PHOTOGRAPHY

{client_name} will supply us photographs in digital format. If you choose to buy stock photographs Pear IT can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate.

BROWSER TECHNOLOGY

Pear IT will develop your new website using valid HTML, CSS and JavaScript code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.

HOSTING TECHNICAL SUPPORT

You may already have website hosting, you might even manage that hosting in-house. If you don’t manage your own website hosting, or your current environment does not support the solution we are providing, we can set up an account for you on our Pear IT server at an additional charge. Hosting is required to be either a Linux server with cPanel installed, Amazon AWS or Google Cloud Platform.

The hosting which Pear IT provides does not support hosting email accounts locally.

COPYRIGHT

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by {client_name}, or that you have permission to use them.

It is agreed that {client_name} will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission.

Upon completion of development and finalisation of the related invoices, Pear IT will assign to {client_name}, all rights, title and interest in the future copyright of any artwork, manuals, information, planning, solutions and other output which is produced, extended or modified during the completion of the project.

This granting of copyright does not extend to the use of design proposals submitted but not approved by the client for the work outlined in this submission.

CONFIDENTIALITY

It is agreed that employees of Pear IT shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.

ACTIVE CARE

If the option for Active Care is accepted, during the duration of this contract, {client_name} agrees that Pear IT will be the sole provider of maintenance services for the website, and no other party will have access to or rights to make updates to the website. If a party other then Pear IT makes changes to the website, any errors that are created must be repaired and will be charged for at an hourly rate. The backup platform provided by Pear IT has a file count limit of 400000 files per website. Backups will be retained for 3 months from the date which they are taken.

MAINTENANCE TERMINATION

If the option for Active Care is accepted, {client_name} may cancel the website maintenance agreement at any time, by providing one month’s written notice, provided that payment is up-to-date. Cancellation will occur at the end of the billing period. No pro-rata refunds will be made available.

Pear IT reserves the right to cancel this website maintenance agreement at any time, for any reason, without prior notification and will provide a cancellation notice either electronically or in writing sent to the address of record for {client_name}.

PAYMENT TERMS

All invoices are strictly 14 days.

A deposit of 50% will be required before the commencement of all jobs. Once the website has been launched the remaining 50% will then be finalised.

Jobs that continue over an extended period of time will be invoiced as they progress, normally every fortnight.

CANCELLATION

Any jobs that are cancelled at the client’s request will be invoiced for any work or expenses completed up to that point. Pear IT  reserves the right to determine what percentage of work has been completed. This percentage will be based on total time logged compared to the initial project time allocated. Once the allocated invoice has been finalised all ownership of the development work will be transferred to {client_name}.

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