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  1. Parties Involved
  2. Description of Services
  3. Deadline & Completion Dates
  4. Client Responsibilities
  5. Deposit & Payment Rules
  6. No Fixed Pricing
  7. Project Initiation
  8. Our Services
  9. Testing & Quality Assurance
  10. Deliverables, Assets & Copyright
  11. Intellectual Property
  12. Liability & Functionality
  13. Domain Names
  14. Email, Hosting & IT Services
  15. Transfer

Terms of Service: Mimic Interactive

Last Edited: 2/22/2013 Author: David Martinez 3932 Gaviota Ave. Long Beach, CA 90807 | (562) 264-0825

Parties Involved

This Terms of Service (TOS) is an agreement between you (the Client) and Mimic Interactive. By working with Mimic Interactive, both parties agree to these terms.

Description of Services

You are hiring Mimic Interactive for software and or design services.

Deadlines & Completion Dates

The Client understands, agrees and acknowledges that a development schedule is organic in nature; and we will do our best to work within an agreed upon time frame. This is dependent on quick client reviews and concise feedback rounds.

If the Client provides updates during the development, creative or production processes, completion dates will naturally be expanded. Other factors that may influence the completion dates include, but are not limited to, complexity of Client’s project(s), availability of personnel, and the accounting status of the Client. If a Client’s project requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be expressed to the client during the deposit phase.

Client Responsibilities

As our Client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we will specify. You agree to review our work, provide feedback and sign-off approval in a timely manner. Both parties will also be bound by any dates that we set together. You also agree to adhere to the payment schedule set out at the end of this contract. We will endeavor to meet all the deadlines set but we will not be responsible for missed deadlines if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.

Deposit & Payment Rules

To keep your project running smoothly, please pay your invoices within 7 calendar days or less. To initiate projects, just pay online (we will provide a link) to get started quickly. You can always mail a check to us, but this will postpone starting projects until we clear the check.

No Fixed Pricing

Fixed-price contracts are not beneficial because they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

Project Initiation

The initiation of a design or development project requires payment of half of the initial fees for the project (which binds you to our TOS), along with assets that are required to be used in the project.

Our Services (what we provide)

We will provide development and design based your request. This includes: One main design and the opportunity for you to make up to two rounds of revisions. We don’t usually provide multiple solutions as this waters down our approach. We give you one ideal solution and iterate from there.

If you want to expand the work outside of any scope or specification, please understand this affects any previous deadlines and you will be charged an hourly rate set in the original estimate. We ask that you to put requests in email to track changes.

Testing & Quality Assurance

We will test all our HTML markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way. We will not test projects on old or abandoned platforms. We only support IE 8 and above on the Windows platform.

Deliverables, Creative Assets and Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you or your company, or that you have permission to use them.

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely, as we are not required to keep them or provide any native source files that we used in making them.

Intellectual Property

We understand the importance of protecting your intellectual property and business logic. At Mimic we promise not to share any client detail with 3rd party vendors, unless it positively effects their project. We reserve the right to share information with 3rd party vendors, on a need-to-know basis. These vendors will be bound to a Mutual Non-Disclosure agreement with Mimic, thereby restricting any of these vendors to communicate about projects they complete for Mimic Interactive and/or our clients.

Liability & Functionality

We can’t guarantee that the functions contained in any project or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

Domain Names

Website domain names are purchased or leased from domain name registration companies. If Mimic Interactive registers a domain name for a Client, that registration will be made in the Client’s name. Domain name renewal and renewal fees are the responsibility of the Client. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. Mimic Interactive will never be responsible for expired domain names. Tip: If you are serious about your business, go ahead and purchase rights to your domain for 10 or more years.

Email, Hosting & IT Services

Mimic Interactive is a design and software company that only works remotely. We do not support servicing individual machines (on site or brought to our office) or installed software on the client's computers. Email is the responsibility of the client, and if the client needs services in this area they should source a quality vendor. The one exception to email work is that Mimic Interactive does offer (remote) setup for Google Apps (which has email as part of Google Docs) for new clients, featuring up to 4 accounts without importing accounts (new, empty accounts only) and the DNS work that goes with it (costs start at $800). Hosting is also the responsibility of the client. We will charge an hourly fee ($200/hr) for setup or light maintenance, but we can't troubleshoot server issues beyond the serving of your website. That is the responsibility of your hosting company.

Transfer

You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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