All payments are due within 7 days of billing. Late payments will be charged a 1.5% compounded monthly late fee. Should a payment be late, Puffin Creative reserves the right to freeze all work / hosting until accounts are settled. Initial payments/deposits on all service e.g. website design, logo design etc are non-refundable. Payments will be made via Bank transfer or Cheque to:
26 Grange Crescent, St Michaels
Tenterden, Kent, TN30 6DZ
Puffin Creative 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 Puffin Creative 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.
1.3 Point of Contact & Training
Puffin Creative will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. Puffin Creative 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.
1.4 Project Management & Communication
Puffin Creative 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.
1.5 Independent Contractors
Puffin Creative retains the rights to subcontract any portion of the Contract.
If within one year of termination of this agreement the Client hires or contracts with any employee or Independent Contractor of Puffin Creative The Client will agree to pay Puffin Creative, a finder’s fee of 50% of the annual salary or contract fees offered to the contractor or employee. Said payment will be rendered within 30 days of hiring or contracting the contractor or employee.
1.7 Response Time
Puffin Creative is not set up to support on call services. Within the duration of this Contract Puffin Creative 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. Puffin Creative will respond in good faith but cannot guarantee any specific action within a given time frame.
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. Puffin Creative is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.
Puffin Creative provides Hosting services beyond temporary internal development environments. The Client is not required to choose Puffin Creative for Hosting solutions and associated services and can provide their own Hosting environment if preferred. Puffin Creative is NOT responsible for down time, poor performance, or loss of data caused by any 3rd party Hosting Provider.
Puffin Creative maintains internal backups of active project code, databases, and design files. While the Puffin Creative backup system is fully redundant and proven reliable, Puffin Creative can not guaranteed that Backup and Restoration of the website will get the Clients website back to the original state and therefore does not charge for the backup process. Restoration of all backups are charged at the normal hourly rate.
Although Puffin Creative makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Puffin Creative can in no way guaranty that the Finished Product(s) will not be subject security breaches. Puffin Creative. 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.
1.12 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 Puffin Creative relating to this agreement and the services performed shall be limited to the amount of fees actually received by Puffin Creative, from the Client under this agreement regarding the services in question. In no event shall Puffin Creative 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.
Puffin Creative 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 90 days following the date of project completion as defined by the date the client signs off/final payment 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.
1.14 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.