TERMS &conditions

Once the application fees have been paid in full to SKDesignAgency., any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to SKDesignAgency. for inclusion in the new CLIENT product are owned by CLIENT.

SKDesignAgency assumes that CLIENT has permission from the rightful owner to use any images or design elements that are provided by CLIENT for inclusion on the website. CLIENT also agrees to hold harmless, protect, and defend SKDesignAgency. from any claim or suit arising from the use of such elements. SKDesignAgency. retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in various projects and reserves the right to place a site link at the bottom footer.

Satisfaction Guarantee

We guarantee there are no hidden costs and no surprises. What we have stated and quoted in this proposal is what you pay. If the Scope of Work changes during the project, a separate quote — further discussed before proceeding — and agreed upon by both parties will take place. We won’t invoice you for the final project installment until you are 100% satisfied that we have fulfilled this contract in its entirety.

 

Warranty of Services

SKDesignAgency  warrants that all work performed under this Agreement will be the original and professional work of SKDesignAgency. and not plagiarized or in violation of any copyright or infringement laws.

Deliverable Ownership

All original documents obtained from CLIENT shall remain the property of CLIENT. SKDesignAgency. reserves the right to keep a reasonable number of copies of the originals for our records. Any deliverable produced under this contract and all concepts and designs, including any source code, object code, hard copy, and electronic documents, will be provided to and owned by CLIENT.

 

Confidential Information

It is understood and agreed that the development of the app, and any plans, methodologies, pricing, customers, and technology, including software developed hereunder and related source code, shall constitute Confidential Information of CLIENT.

SKDesignAgency shall not disclose Confidential Information to any third party either during the term or after the termination of this Agreement for any reason. Further, the Contractor shall not use Confidential Information, in whole or in part, for the Contractor’s benefit or the benefit of others. The contractor shall immediately give notice to CLIENT in the event of any unauthorized or suspected unauthorized use or disclosure of Confidential Information. SKDesignAgency agrees to assist CLIENT in remedying any unauthorized use or disclosure of Confidential Information.

SKDesignAgency shall have no obligation of confidentiality concerning any Confidential Information, (i) which is in the public domain or enters the public domain through no fault of its own, (ii) which SKDesignAgency lawfully receives from a third party, not under any obligation of confidentiality, or (iii) which is disclosed with the prior written approval of CLIENT, or (iv) the passage of five (5) years from the date of disclosure or creation.

Upon termination of this contract, for any reason, SKDesignAgency agrees to promptly deliver to CLIENT any materials, including all Confidential Information, whether such information was first disclosed by CLIENT or generated by SEOAmerica for CLIENT.

Intellectual Property

SKDesignAgency. recognizes the right, title, and interest of CLIENT to all service marks, trademarks, and trade names. SKDesignAgency. agrees not to engage in any activities or commit any act — directly or indirectly — that may contest, dispute, or otherwise impair CLIENT’s right, title, and interest therein. Nor shall SKDesignAgency cause a diminishment of the value of said trademarks or trade names through any act or representation. SKDesignAgency. shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise. Effective as of the termination of this Agreement, SKDesignAgency. shall cease to use all of the trademarks, marks, and trade names of CLIENT for the sales of the app.

Amendments

No amendment, change, or modification of this agreement shall be valid unless in writing and signed by both CLIENT and SKDesignAgency. The agreement contained in this contract constitutes the sole agreement between CLIENT and SKDesignAgency. regarding all items included in this agreement. The herein Parties agree that the payments listed for the services provided are fair and just.

THIS GENERAL SERVICE AGREEMENT (The “Agreement”)

We do our best to meet defined goals and fulfill your needs. It is necessary to ensure that a few simple things are outlined on paper should any unforeseen questions or issues arise. In this contract, you wonʼt find complicated legal terms or passages of confusing text. We wish to maintain clarity and transparency throughout.

 

AGREEMENT

CLIENT is hiring SKDesignAgency. to perform development services for the total fixed price of $11,000.00. CLIENT acknowledges that the price quoted is based on the information provided and discussed with SKDesignAgency. CLIENT further acknowledges that if SKDesignAgency. determines additional work not documented is needed, the price may increase. CLIENT will have the opportunity to review and approve before acceptance.

 

WHAT DO BOTH PARTIES AGREE TO DO?

As our client, you have the power to enter into this contract on behalf of your company or organization. CLIENT agrees to provide us with everything necessary to complete the project, including logo, text, images, link(s) to social media, hosting credentials, and any other information we request and in the format we require. We wish to avoid any delays. CLIENT agrees to adhere to the payment schedule outlined in this agreement. SKDesignAgency. will perform requested services and carry out all work in a professional and timely manner.

TIMELINE

Our estimated time required to complete the project is 3-4 months. Work will commence upon receiving a signed contract and the non-refundable initial deposit. SKDesignAgency. will rely on CLIENT to provide the necessary assets (including but not limited to text, photos, social media, products, pricing, etc.) and approvals for us to complete your app and to avoid impacting your launch date. In the event of any delay in the performance of this contract over which CLIENT has no control, the parties agree to extend the date performance and delivery on a day-for-day basis.

LAUNCH

When the app is ready for launch, you have a maximum of 60-days to provide us with your hosting and domain information. The app is eligible to be removed from our server without notice after 60-days. Extensions are available upon request.

STATEMENT OF WORK

The fixed price reflects everything previously discussed, including correspondence via email, in-person, or phone call. The breakdown in the proposal includes the scope of work, project objectives, tasks, deliverables, terms & conditions, and payment. Items not included in the proposal are not part of the project, nor have they been included in the quoted price.

ADDITIONS

Please thoroughly review the Statement of Work. If you have any specific requests, changes in tasks, changes in deliverables, or any scope modifications — beyond what was agreed and signed off on — additional billable hours are available at our hourly rate of $100.

ALLOWANCES

CLIENT is responsible for the cost of any outside paid asset, including but not limited to hosting, domains, SSL certificates, third-party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third-party plugins or software, recommended or otherwise.

COMMERCIALIZING

Nothing in this contract shall prevent CLIENT from commercializing the app in any manner or modifying or improving the app with the assistance of SKDesignAgency. according to terms to be determined, or third parties, at CLIENT’s discretion, following delivery and final payment.

PAYMENT SCHEDULE

Like a parking ticket, this agreement is non-transferable and non-refundable. The initial deposit does not constitute a credit, and therefore cannot go toward our other services. You are accountable for the remaining balance of your contract — except to the extent that SKDesignAgency. is in breach or does not complete the service reflective of the payment.

LIABILITY

SKDesignAgency will do everything possible to deliver a high-quality APP. We accept no liability for your sales, revenue, or the success of your website/business directly, indirectly, or consequentially.