Statement of Work

The Statement of Work or Quotation agreed upon, along with the Terms and Conditions below, make up the service agreement (the “Agreement”). The scope of work includes work to be performed, deliverables, agreed dates of deliverables and payments.

Acceptance of Terms & Conditions

It is necessary for any Client to have provided acceptance of these terms and conditions for them to apply. Acceptance of the below terms & conditions are made by submitting the digital form on this web page. The submission of this form along with the depositing of the required initial payment as stated in the Statement of Work or Quotation will be deemed as the Client agreeing to the terms & conditions below as well as the terms stated in the Statement of Work and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted these terms and conditions.

 

Change Request

A “Change Request” is any request for work outside the scope of the Statement of Work.

If such a request is made, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will notify the Client that it is a Change Request. If the Client still wants to proceed with the Change Request, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will bill the work on a time and materials basis, at Daniel Skaftouros PTY LTD T/A Weaverbird Marketing’s standard hourly rate of R390 per hour.

 

Quotations

Quotations are only valid for 20 business days.

 

Payment

The timeframe of payment.
Client shall pay all invoices within 20 working days of receiving Intellectual Property.

Expenses incurred outside of Statement of Work / Quotation.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will notify the Client should any expense arise that it is outside of Statement of Work / Quotation. If the Client still wants to proceed with the extra expense, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will add such expense to the final project invoice.

Late Payment.
Interest of 2% per month will be charged on balances which have been outstanding for more than 30 days.

Payment of Balance.
Invoices are only issued when clients accept that their web design has been completed to their satisfaction with certain exceptions. Payment of the balance is due immediately on completion of the web design. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing reserve the right not to launch a website until full payment has been received.

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing reserves the right to disable, or delete, the work produced without notice in the event that the total amount due has not been settled within the time frames stated in this agreement or the Statement of Work.

In the event of fees being outstanding for more than 30 days, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing reserve the right to disable email and other website services until fees are paid in full. During this time Daniel Skaftouros PTY LTD T/A Weaverbird Marketing hold absolutely no responsibility for any impact/s this may have on the client.

 

Deliverables

Original Editable Files.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will provide original, editable design files to the Client at the Clients request. The files will be supplied in the industry standard design formats. These formats may include any 1, or a combination of, editable Adobe Creative Suite files such as Photoshop (.psd), Indesign (.indd) and Illustrator (.ai). The Client understands that it may need particular software and expertise to utilize the deliverables. If the Client would like its deliverables in a specific file format, the Client must request to have the format included in the Statement of Work (Quotation).

Printable Files.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will supply Client with the required printing file format only as indicated in the Statement of Work (Quotation).

Other File types.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will supply Client with final design in all file types stated in the Statement of Work (Quotation). Any requests for the deliverable of a design in a file format not specified in the statement of Work (Quotation), other than an Original Editable File as stated above, will incur a further cost based on an hourly rate of R350.

Purchased Stock Images.
Any stock image, font or other resource purchased by Daniel Skaftouros PTY LTD T/A Weaverbird Marketing on behalf of the Client will be transferred to the Client electronically during or after completion of the project along with the relevant usage license. Once this transfer takes place, the Client is responsible for adhering to the terms and conditions of the license and thereafter, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will under no circumstances be held responsible for any copyright disputes.

Custom images, icons, copy and other media created by Daniel Skaftouros PTY LTD T/A Weaverbird Marketing outside of the Statement of Work / Quotation:
The Client has the right to use such imagery in other branding and advertising material however does not own copyright to such material. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing reserves the right to reuse or resell such content in any way, except in such a way that will cause the Client to infringe on Copyright. For example, if Daniel Skaftouros PTY LTD T/A Weaverbird Marketing designs a custom icon for the Client website that is not stated specifically in the Statement of Work / quotation, Daniel Skaftouros reserves the right to use the same icon design on a different project. The transfer of such files to Client will be made on request by the Client only in file formats and sizes originally created for the intended use of the content. Any further modification required on the file will incur a further cost billed at an hourly rate of R350.

Client provided content:
In situations where the Client provides images, text, animations, layouts or any other content for their website or other marketing material the Client is legally responsible for ensuring that this material does not infringe any copyright.

Under no circumstances will Daniel Skaftouros PTY LTD T/A Weaverbird Marketing be held responsible for any copyright disputes.

Timeframe.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will use commercially reasonable efforts to perform the Services within the schedule outlined in the Statement of Work. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing’s delivery time frame depends upon the Client’s prompt response to any questions or requests for Client materials.

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing Agents.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing may hire third party service providers (“Design Agents”) as independent contractors. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing is responsible for Design Agents’ compliance with this Agreement.

Testing & Acceptance.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing shall use commercially reasonable efforts to test Deliverables before providing them to the Client.

If the project includes XHTML or HTML markup and CSS templates, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will use HTML5 markup and CSS3 for styling. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will test the markup and CSS in current versions of Safari, Chrome, Firefox, and Internet Explorer. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will not test websites in older browsers, unless specifically identified in the Statement of Work.

The Client shall promptly review all deliverables, and must notify Daniel Skaftouros PTY LTD T/A Weaverbird Marketing of any failure to conform to the Statement of Work within 5 business days of receiving Intellectual Property. If Daniel Skaftouros PTY LTD T/A Weaverbird Marketing does not receive a timely notification, the Deliverable will be deemed accepted. The Client’s notification must clearly identify the problems with the Deliverable.

Client Responsibilities.
Client must promptly: (a) coordinate any decision-making activities with 3rd parties; (b) provide Client Content in a form suitable for reproduction or incorporation into the Deliverables; and (c) proofread deliverables.

 

Client Rights in Deliverables. Intellectual Property

Intellectual Property (Intellectual Property) Assignment.
Upon completion of the Services and full payment of all invoices, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing shall assign Intellectual Property rights to the Client. These Intellectual Property rights include all ownership Intellectual Property rights, including any copyrights, in any artwork, designs and software created by Daniel Skaftouros PTY LTD T/A Weaverbird Marketing and incorporated into a Final Deliverable, except as otherwise noted in this Agreement.

After transfer of Intellectual Property, the Client becomes responsible for any servicing of such property / material. At this stage, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will not be responsible to perform any changes or maintenance of such material unless stated in Statement of Work. For Websites, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will keep a backup of the Website as it appears during the transfer. The client may also wish to keep more recent backups of website. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing can perform restoration of website as it appears in the most up to date backup of website at the hourly rate of R350.

Certain software used in the design / production of the website may be Open Source and therefore cannot be owned by the client, for example the WordPress platform.

 

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing Rights in Deliverables

Preliminary Works.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing retains the rights to all Preliminary Works that are not incorporated into a Final Deliverable.

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing Portfolio.
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing may display the Deliverables in Daniel Skaftouros PTY LTD T/A Weaverbird Marketing’s portfolios and websites, and in galleries, design periodicals and other exhibits for the purposes of professional recognition. Likewise, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing may publicly describe its role in the Project.

Credit / Attribution.
If Daniel Skaftouros PTY LTD T/A Weaverbird Marketing incorporates credits/attribution into the Deliverables, any use of the Deliverables shall continue to bear the credits in the same form, size, and location.

 

Website support after Delivery

Website future support.
The website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing is not responsible for future support. Support can be provided upon request for an agreed fee. When Daniel Skaftouros PTY LTD T/A Weaverbird Marketing hands over to the Client the back-end website credentials Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will no longer be held responsible for any errors that may occur when the Client updates / manages / amends the website without the assistance or advice of a professional.

Future Website Problems:
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet, and any website can be a target. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will endeavour to protect it from this as much as Daniel Skaftouros PTY LTD T/A Weaverbird Marketing can during its creation, but after the website is handed over, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing cannot be held responsible for problems caused by illegal activity or the actions of others. If there is any malicious activity on the website once it has been completed and handed over, then there will be additional costs to amend any issues with the website.

Website compliance with Ecommerce, Accessibility or Other Regulations:
Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will aim to produce any web design in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist Daniel Skaftouros PTY LTD T/A Weaverbird Marketing recommend that the client takes legal advice from their company lawyer.

 

Search Engine Optimisation (SEO)

If Search Engine Optimisation has been agreed as part of the web design contract the client must be aware that Daniel Skaftouros PTY LTD T/A Weaverbird Marketing are not responsible for ongoing web site promotion or other SEO services. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While during the web design Daniel Skaftouros PTY LTD T/A Weaverbird Marketing can optimize the site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

 

Printing

Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will supply Client or printer with the required printing specifications as indicated by the Client or printer. The printable file will be created with industry standards to ensure best printing quality. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing is not liable for any printing errors, text errors, image errors, or any other errors that may occur. The Client will be sent the approved Print Ready PDF and will be responsible for sending such file to the printer.

 

Confidentiality

Confidential Information.
Each party shall maintain Confidential Information in strict confidence, and shall not use Confidential Information except (a) as necessary to perform its obligations under the Agreement, or (b) as required by a court or governmental authority. Confidential Information includes proprietary technical and business information, Preliminary Works, and any other information marked “Confidential.”

Exception.
Confidential Information does not include (a) any information that is in the public domain, (b) becomes publicly known through no fault of the receiving party, or (c) is otherwise known by the receiving party before obtaining access to it under this Agreement or properly received from a third party without an obligation of confidentiality.

 

Termination

Discretionary Termination by Client.
IF: Client uses this discretionary termination provision, THEN: Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will retain all payments already made as of the notification date, and Client shall pay Daniel Skaftouros PTY LTD T/A Weaverbird Marketing (a) for all expenses incurred as of the date of notification of termination, (b) an early termination fee equal to 25% of the total project fee, and (c) No Intellectual Property rights will be transferred.

Discretionary Termination by Daniel Skaftouros PTY LTD T/A Weaverbird Marketing.
IF: Daniel Skaftouros PTY LTD T/A Weaverbird Marketing uses this discretionary termination provision, THEN: (a) Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will retain (or, if not paid in advance, will be due) all costs already incurred and a prorated portion of the fees for services performed up to the termination date, (b) Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will assist Client in transferring the project to a new company, and (c) Daniel Skaftouros PTY LTD T/A Weaverbird Marketing will assign sufficient Intellectual Property rights to Client to allow Client to continue the project.

Termination for Bankruptcy.
Subject to any restrictions imposed by law, either party may immediately terminate this Agreement, if the other party either: (1) ceases to do business in the normal course; (2) becomes insolvent; (3) admits in writing its inability to meet its debts or other obligations as they become due; (4) makes a general assignment for the benefit of creditors; (5) has a receiver appointed for its business or assets; (6) files a voluntary petition for protection under the bankruptcy laws; (7) becomes the subject of an involuntary petition under the bankruptcy laws that is not dismissed within 60 days.

Termination for Breach.
If a material breach of this Agreement is not cured within 10 business days after a party’s receiving notice of the breach, then the non-breaching party may terminate this Agreement immediately upon notice.
Termination Procedure. Upon expiration or termination of this Agreement: (a) each party shall return (or, at the disclosing party’s request, destroy) the Confidential Information of the other party, and (b) other than as expressly provided in this Agreement, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.

 

LIMITATION OF LIABILITY

The services and the work product of Daniel Skaftouros PTY LTD T/A Weaverbird Marketing are sold “as is.” In all circumstances, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing’s maximum liability to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to Daniel Skaftouros PTY LTD T/A Weaverbird Marketing’s net profit.
In no event shall Daniel Skaftouros PTY LTD T/A Weaverbird Marketing be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Daniel Skaftouros PTY LTD T/A Weaverbird Marketing, even if Daniel Skaftouros PTY LTD T/A Weaverbird Marketing has been advised of the possibility of such damages.

 

LIMITED WARRANTY

Except for the express representations and warranties stated in this agreement, Daniel Skaftouros PTY LTD T/A Weaverbird Marketing makes no warranties whatsoever. Daniel Skaftouros PTY LTD T/A Weaverbird Marketing explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.

 

Acceptance

Registered postal address of the company:




Upon submission, you will be emailed a copy of your submitted agreement.