My clients tell me they appreciate my ‘no surprises’ approach. I’m up-front about what you can expect from me. These terms and conditions are part of the contract you enter into when you engage Bourne Creative.  Please read them carefully, and let me know if you have any questions.

In these terms and conditions ‘you’ is the client, it’s employees and agents, and ‘I’, ‘me’ or ‘my’ is Bourne Creative, its employees and agents.

1. Any additional services

When I quote for a project, I want to eliminate ‘dead time’, such as chasing up responses to emails.  This time doesn’t benefit you, and is a direct cost for my business. Other web design businesses will just add a large margin to their quote.  I prefer to give you maximum visibility and control over your costs, so you only pay for our services that you use.

• Any work or services not defined in the work agreement will be costed at my standard rate of $100 per hour.  This includes:
• Additional face-to-face meetings at your request. There will not be any additional charge for face-to-face meetings that I request.
• Liaison time for making changes to the project scope
• Waiting time where you’re more than 10 minutes late for an appointment
• The scheduled time where you miss an appointment or reschedule with less than 24 hours’ notice
• Liaison time or refamiliarisation time where I don’t receive information from you within the agreed time.
• Liaison time or refamiliarisation time where the project completion date is delayed by more than 1 month (and where I have not directly caused that delay).
• Administration and project management related to any of the above tasks.

2. Timeframes

How I’ll work with you to keep the project on track.

• I’ll endeavour to deliver all work by the agreed deadline – or before.  However, circumstances beyond my control – including major illness or family emergencies – may prevent me from getting work to you on time. I’ll inform you within two business days if any such events happen.  I’ll also work with you to minimise the impact on the project delivery.
• Unless I agree otherwise, you’ll provide feedback or information within seven business days.
• I’ll allocate time to work on this project for the periods indicated in the project plan. If I am unable to complete work at these times because I have not received information from you, I will continue the project at the next opportunity.  This may affect the overall project delivery time.
• If a response or information from you is delayed by more than 21 business days, I may consider the project complete and invoice you for all work completed up to that date. Unless I’ve agreed otherwise, I’ll cost the work completed using a pro-rata rate against the total project cost.

3. Payment

Please pay on time.

• Invoices must be paid within 14 calendar days unless you negotiate a different arrangement with me before entering into the contract. I may add a 10% charge for late payment.
• If I decide to get help from a third party organisation to recover a debt, you are also responsible for paying any additional costs involved in recovering that debt, including legal expenses.

4. Intellectual property

I’m creating something valuable for you.  This section describes how you gain ownership of the end-product – and how I refer to it in my marketing or training.

• You gain full intellectual property rights in the content when I receive complete final payment.  Until then, I retain intellectual property in the version of content that I have written or edited.
• I reserve the right to refer to this project and your business name, and to use your logo and content for promotional or educational purposes.

5. Confidentiality

Keeping your trust – even when the project’s finished.

• If I’ve signed a separate confidentiality agreement with you, then that agreement will apply instead of this Part.
• I won’t disclose any information that you indicate is confidential.
• You won’t disclose any information about my pricing structure, or project documents.

6. Exclusion of liability

Part of my ‘no surprises’ approach is covering every scenario – however unlikely.

• I’ll endeavour to make sure that my work doesn’t infringe on any copyright or other right of a third party.
• However, I’m not liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from my work for this project.
• You are responsible for checking the factual accuracy of the content for this project.
• I take pride in the quality of my work and check it carefully.  However, I don’t guarantee that my work is free from errors. You are responsible for final approval.

7. Disputed terms

What happens if this contract’s legality is disputed.

• If any part of this contract is deemed to be unlawful, void or unenforceable, then that part will be severed from this contract.  Severing that part won’t affect the validity or enforceability of the rest of this contract.

8. Communication

Keeping in touch when your project is finished

• I may add you to my email list to keep you updated on Endure Web Studios’ work, and to check in with you.  You can unsubscribe at any time, and I will not give your email address to anyone else.