Payment

All payments are due within 15 days of billing. Billings will be sent via email.  Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Becks Design Studio reserves the right to freeze all work until accounts are settled. Payments will be made via Credit/Debit Card Payment or Check to:

Chadwick Becks
1162 Prospect Rd.
Pittsburgh, PA 15227

Hosting & Maintenance

Becks Design Studio will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. 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 Becks Design Studio 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

Becks Design Studio will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Becks Design Studio 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.

Independent Contractors

Becks Design Studio retains the rights to subcontract any portion of the Contract.

Response Time

Becks Design Studio works in many cases with Independent Contractors. The benefit of a flexible team is rapid scalability and a diverse set of services.  Due to the nature of the business model, Becks Design Studio is not set up to support on call services. Within the duration of this Contract Becks Design Studio will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. Becks Design Studio will respond in good faith but cannot guarantee any specific action within a given time frame.

Dependencies

In the event that any aspect of this Contract is dependant 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. Becks Design Studio is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.

Hosting

Becks Design Studio does, in many cases, provide Hosting services for use with a custom content management system (CMS).  This system is contracted through a third party and Becks Design Studio is not responsible for any issues related to the function, maintenance, downtime, poor performance, or loss of data caused by this system and it’s provider.

If no hosting is provided by Becks Design Studio, the Hosting is only provided for temporary internal development environments. The Client is responsible for choosing, paying for, and maintaining any required Hosting solutions and associated services. As a courtesy, Becks Design Studio may offer suggestions, however, Becks Design Studio is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider.  Additionally, Becks Design Studio 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.

Backups

Becks Design Studio 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 Becks Design Studio 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.

Security

Although Becks Design Studio makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Becks Design Studio can in no way guarantee that the Finished Product(s) will not be subject security breaches. Becks Design Studio 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 [Your Company] relating to this agreement and the services performed shall be limited to the amount of fees actually received by [Your Company], from the Client under this agreement regarding the services in question. In no event shall [Your Company] 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.

Warranty

Becks Design Studio 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 deliverables. 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.

Credit

Becks Design Studio 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 Becks Design Studio web site as part of its business portfolio and, with client approval, as a link on their site back to Becks Design Studio web site.

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.