Barrett Urmy Designs accepts 50% deposit of agreed price and Barrett Urmy Designs will provide a Finished Product(s) to the Client in the form of source, rendered and asset files after customer pays final payment. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by Barrett Urmy Designs and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.
- Point of Contact & Training:
Barrett Urmy will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Barrett Urmy Designs requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.
Only one (1) hour of time for Maintenance Services is allowed per month, billed in fifteen (15) minute increments. Any work that exceeds one (1) hour will be billed on an hourly basis of $100 per hour. Web page updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization. Barrett Urmy Designs has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Additional fees could be charged if the information provided has to be typed and exceeds the one (1) hour of time allotted. If changes are made by Barrett Urmy Designs according to Customer’s information, and the changes are not correct, additional time to remedy the changes fall under the one (1) hour of time allotted. Unused time is not accumulative. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month. Barrett Urmy Designs is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc. Barrett Urmy Designs is not responsible for changes made to Customer’s web site(s) by other parties. Barrett Urmy Designs is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed. Barrett Urmy Designs will not repair Customer’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.Recovery or repair of Customer’s website is not guaranteed. Availability of backups is not guaranteed.
- Project Management & Communication:
Barrett Urmy Designs will manage this Contract using a proprietary project tracking software including wikis, issue tracking, Subversion integration, announcements and timelines. The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval.
In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Barrett Urmy is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.
Barrett Urmy Designs does not provide Hosting services beyond temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Barrett Urmy Designs may offer suggestions, however, Barrett Urmy is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, Barrett Urmy Designs is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.
Barrett Urmy maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.
Although Barrett Urmy makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Barrett Urmy Designs can in no way guaranty that the Finished Product(s) will not be subject security breaches Barrett Urmy Designs recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.
- Limited Liability:
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
The Client agrees that any liability of Barrett Urmy Designs relating to this agreement and the services performed shall be limited to the amount of fees actually received by Barrett Urmy from the Client under this agreement regarding the services in question. In no event shall Barrett Urmy Designs be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
Barrett Urmy Designs will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverable. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.
Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.
Barrett Urmy Designs retains the right to use the Client within its roster of clients. A link to the the Client website/application website will be placed on the Barrett Urmy Designs web site as part of its business portfolio.
- Review, Expiration or Cancellation:
This Contract is valid for the calendar year of in which it was signed, upon which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. This Contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of Contract.