We hate small print so we’ve made our terms of service as short as possible. Where a written quotation is requested and prior to the start of any project, Emergent Behaviors will send you an itemized and detailed quotation which includes the following information;
- Methodology, technology and testing to be used where relevant
- Timescales and Milestones
- List of what the client must supply (images, text etc.) and delivery dates
- List of deliverables from Emergent Behaviors
- Cost breakdown and payment schedule
- Options such as website hosting, advanced SEO, maintenance, etc.
Our small print
(1) TERMS: These terms and any additional terms specified in the quotation represent the entire agreement between Emergent Behaviors and the customer.
(2) AMMENDMENTS: No amendments to this agreement are allowed unless Emergent Behaviors and the customer agree in writing to any changes.
(3) CUSTOMER SUPPLIED MATERIALS: Consultation, design and development as specified in the Emergent Behaviors quotation will proceed on the basis that all of the information supplied by the customer is correct, free from errors and omissions and that the customer is the legal owner of any data supplied by the customer or has validated permission for use of said data which might include but not limited to graphics, audio, video, source code, code and images. The customer acknowledges that where information has been incorrectly supplied that Emergent Behaviors has the right to charge to remedy the error.
(4) CONFIDENTIALITY: All information, data, art and media supplied by Emergent Behaviors shall remain confidential to Emergent Behaviors and shall not be discussed in part or wholly without written permission from Emergent Behaviors.
(5) GRANT: The customer agrees to make available and grants permission to use data or material held by any third party in the pursuance of the project which may also include access to FTP sites, the customer’s website and website control panel. Should permission or right of access be withdrawn by the customer then the project will be deemed complete and Emergent Behaviors will invoice for all hours worked to that point.
(6) 3RD PARTY SOFTWARE: Where Emergent Behaviors has integrated either 3rd party software (e.g. plug-ins) in a website or in a product design, Emergent Behaviors shall not be responsible for that software or its future maintenance. This is the responsibility and the ability of the original software developer and not Emergent Behaviors. Emergent Behaviors cannot be held responsible for updating 3rd party website plug-ins unless under a maintenance agreement with Emergent Behaviors.
(7) DOCUMENTATION: Emergent Behaviors will only provide End-user documentation of any code that Emergent Behaviors specifically engineered for a project. Emergent Behaviors will provide the customer with web links to 3rd party or open source software documentation sources that will have been used in the creation of a project.
(8) APPROVALS: When Emergent Behaviors design work requires customer approval, a request for approval will be sent to the customer by email. The customer agrees to communicate approval or provide any changes to Emergent Behaviors within 72 hours. Where the customer fails to communicate within this period, Emergent Behaviors will assume acceptance by the client of said work. Any change requests made after this period will be charged to the customer based on our daily rate as detailed in the Quotation
(9) TERMINATION: If for any reason the customer terminates the agreement once initiated, Emergent Behaviors shall be entitled to retain the deposit given in consideration by the customer. If the work undertaken by Emergent Behaviors exceeds the value of the deposit then Emergent Behaviors shall be entitled to an amount based on its daily rate as detailed in the Quotation.
(10) PAYMENT: A deposit will be required to initiate any project as detailed in the quotation. Final payment is due upon delivery of the final product to include where applicable, designs, code, art and media, except in the case of website, website theme design or art/graphic design where a final payment is due upon the client’s approval of the development site, prior to posting the finished site on our or the customers own server. All project data will be sent by Emergent Behaviors to the customer on compact disc or transferred to an FTP site of the customers choosing. Emergent Behaviors reserves the right to deactivate any live website where payment is substantially overdue.
(11) FEES: Emergent Behaviors will provide a full quotation for all projects unless the customer requires work to be undertaken on a daily basis, in which case the Emergent Behaviors daily rate will apply. This rate is dependent upon the skills required and is notified by Emergent Behaviors to the customer prior to the commencement of any work by email. Standard rates apply for all work undertaken during normal business hours. Work undertaken by Emergent Behaviors outside of normal business hours will be charged at the advised daily rate plus fifty percent. Work undertaken from 8pm to 6 am will be charged at double the daily rate.
(14) HOURS: We work hours that accommodate UK and US East coast clients. Monday to Friday 10 am to 8pm GMT excluding public holidays.
(15) PUBLICITY: Unless agreed otherwise and beforehand, Emergent Behaviors reserves the right to show screenshots of the customers finished work in the “Portfolios” section of their websites with a back-link to clients website after publication of said work and credit be given to Emergent Behaviors on the customer’s website.
(16) Fair Use License: From time to time, Emergent Behaviors may freely distribute its own copyrighted material to the design community to use without royalty payment but subject to the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a Emergent Behaviors copyrighted work, including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
Updated: 01 November 2018