WHEREAS, Client desires to engage Inova Studios as an independent contractor to produce a website based upon certain specifications set forth in this agreement, and iNova Studios desires to accept such engagement in exchange for a fee to be paid by Client to iNova Studios for such services; NOW, THEREFORE, in consideration of the mutual obligations set forth in this agreement, the parties agree as follows:
I. Services and Payment
For monthly plans, auto payment set up, down payment of first two months & 6 month commitment are required before work begins. Inova Studios will present website design within 1-2 weeks. Web Plans include up to 2 rounds of changes.
After Client approves design, Inova Studios will present programmed website within 3 weeks. The monthly auto-payment will commence 2 months from the day the approved design has been programmed (whether or not Client has provided final content). For all other services, a 50% deposit is required before work begins. All payments should be made payable to Inova Studios. Once all items specified in the quote have been met, the remaining 50% balance is due immediately. Additional charges for additional changes will be billed separately on a bi-weekly basis (until complete) and due upon receipt. An additional change is considered to be any change in design, programming, functionality, etc. that is not stipulated in detail at the commencement of the project. All quoted items do not include the purchase of assets, such as stock photography, fonts, payment gateway, plug-ins, widgets, travel expenses, etc. External web pages, such as blogs or career sites, are not included. All prices are subject to change. Additional charges may apply to the final invoice.
II. Commencement of Work
Inova Studios and the Client each agree to work together to complete the Website in a timely manner. The project will commence once the Client has supplied 50% deposit to Inova Studios. For monthly subscription based plans, project will commence once Client has set up an auto-payment account and has supplied the first 2 months as a deposit to Inova Studios. For web development purposes of non-subscription based plans, Inova Studios will work locally and on their own server until date of delivery.
III. Approvals as Work Progresses
Inova Studios will submit the items for approval during the course of the project’s creation. While these items may not be entirely completed, they will serve for Client to approve regarding the layout, text, and/or graphics. The layout, text and/or graphics will be deemed approved by Client if corrections are not received within 7 days after the date such proofs are delivered to Client.
IV. Delivery Date of Website
Inova Studios will deliver the Website to Client in the agreed upon timeline, provided that Inova Studios shall not be responsible for any delay caused by Client’s failure to provide any materials in a timely manner and Inova Studios shall not be responsible for missed deadlines caused by “acts of God” (such as power failures, fires, and floods) or other circumstances beyond Inova Studios’ reasonable control. Website will be published on Client’s server once payment has been received in full. For monthly subscription based plans, website will be hosted on Inova Studios’ server.
V. Post Project Development
If Client wishes to make any changes after the completion of the projects, Inova Studios shall make such changes as follows: Client shall pay Inova Studios’ then current hourly rate ($70.00 for design, $80.00 for programming, and $90.00 for Photography/Video) to Inova Studios for such services. Web Plan includes 30 minutes of updates and/or consultation on a monthly basis, but these minutes are not cumulative and they will be tracked in 15 minute increments also. Unused minutes can not be rolled over to the following months.
VI. Content, Understandings, Services, and Ownership of Work Product
Each party agrees that the materials provided or to be provided by it to be incorporated into the project do not and will not infringe upon any copyright, trademark or other right of any other person. Client shall obtain all necessary licenses to use any materials that are subject to the ownership rights of another person that it provides to Inova Studios or requests that Inova Studios incorporate into the project. Each party agrees that where it supplies the likeness of a person to be incorporated into the project (or, with respect to the Client, has instructed Inova Studios to incorporate such likeness) it has obtained all necessary consents from the person whose likeness is to be used. For monthly subscription based plans, the Client acknowledges that Inova Studios is the owner of the Website, and that the Client is purchasing a service to use a subscription-based website that will be returned to Inova Studios after the Agreement is terminated.
All marketing deliverables are dependent on Client’s input and involvement in providing content, such as promotions, offers, giveaways, etc. Inova Studios does not assume responsibility for delivering marketing campaigns and services if Client is not responsive to email or phone communication or fails to provide Inova Studios with items, such as email databases, access credentials, etc., that are necessary to perform such services.