New Client Agreement
Welcome to novusweb. We’re excited you’ve chosen us as your eCommerce Agency.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this Agreement, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are engaging novusweb, llc to provide ongoing design, development, implementation, consultation and other services related to your online business endeavors. This is a non-exclusive engagement, meaning you have the right to hire others to assist you. Hopefully, you’ll consider us your one-stop agency, but we don’t want to limit you.
As a customer, you have the power and ability to enter into this Agreement on behalf of your company or organization. You agree to provide us with everything we need to complete the work you request, including text, images and other information as and when we need it, and in the format we ask. You agree to review our work, provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment terms and conditions set out in this Agreement.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any state.
We have a mutual interest in maintaining our competitive edge. Therefore, we both agree to hold each other’s information in confidentiality. That means that we don’t share any proprietary information about your business or projects, and you won’t share our methodologies or processes. This confidentiality is extended to all others with whom either of us do business, including subcontractors, suppliers and clients.
As an agency, we provide a myriad of various services relating to online business. For hourly rate services, you will be billed to the nearest 5 minutes.
The following briefly describes the types of services that can be requested of us. You are under no obligation to use any or all of these services.
Well-written, elegant business plans for funding, requirements or internal purposes. Pricing is charged at our per hour rate.
Coaching & Training
In-person and remote video sessions with you and/or your team. Coaching is provided based on a fixed fee for regularly scheduled sessions. Training is priced per session based on scope and preparation required.
Creation of written content for use on web sites, printed materials and advertising. Charged at our per hour rate.
Creative & Design
Brand-centric artwork, copy and marketing materials (e-mails, graphics, advertising) that not only draw attention but fortify your brand among consumers. Charged at our per hour rate.
The design, development and implementation of web sites, with or without e-commerce functionality. Our sites are built using best-of-class technologies and techniques, and are built for optimization across current browsers and devices. The sites are SEO optimized in terms of functionality and coding. Hosting is provided by third parties, of which we have recommended partners. However, you can always specify a different hosting provider.
We also provide development of web apps, mobile apps and other non-web functionality, depending on scope and needs.
Development is charged at the per hour rate. Any costs of materials, such as themes, images, software licenses, etc. are charged to the client without markup. In most cases, we will request that you directly purchase these items so that you are the listed owner of the license. This is to protect your interests in the future.
Search engine optimization, email marketing and other related services, as requested, are billed at our hourly rate. Pay-per-click advertising is billed at cost plus 20% and includes account management services, as long as a minimum of $5,000 in advertising per month is allowed. For smaller budgets, a minimum management fee of $1,000 per month will be charged in addition to actual advertising costs.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. We do provide support for code promotions and changes to web sites, but we are not “on call” for server related issues such as downtime, hacker attacks or network outages. We will gladly assist your hosting provider when necessary. Any support requests beyond current projects can be sent to firstname.lastname@example.org. Support is billed at our per hour rate.
While this list is subject to change as necessary (obsolescence, technical changes, best-of-class analysis), we do include the following for all clients — where appropriate — as part of our quest for excellence:
- Integration of Google tools, such as Analytics, Webmaster Tools and Tag Manager (you will need to provide access to any existing accounts).
- Versioning of code (programming code for self-hosted platforms, such as Magento or WordPress; theme code for hosted platforms, such as Shopify or BigCommerce) for your protection.
- Weekly, automated SEO and Performance reports. Includes social media monitoring, site rankings and competitive positioning (where applicable; you will need to provide access to tracking, social media and advertising accounts to receive the full benefit of this tool). You will be given access to an online portal to review in-depth metrics of your online performance.
- Weekly conference call with your novusweb Project Manager to review work in progress, future plans and past performance.
Labor time charges will apply. Automated services are not charged. Access to various accounts and services may be requested in order to provide adequate reporting and integration of these services. All features are optional — you can elect not to have us perform any of these.
Upon request, we will provide estimates for requested work. The preparation of these estimates is billable, as they can involve meetings, discussions, research and other time by you, us and our subcontractors.
While we strive to meet estimated costs, we do not guarantee estimates as technology changes, revisions in requirements and timeliness of submitted information from you may impact actual labor costs.
Billing & Payments
We use time tracking software to record any time spent on your behalf and according to the terms of this Agreement. We bill according to the exact time spent, rounding only to the nearest 5 minutes. Any approved purchases made on your behalf will be added to your bill, as well.
You agree to keep a valid credit card on file in our online billing system. We invoice at the end of each calendar month and charge your payment method automatically. You have the right to contest any charge, and we will work diligently to resolve any disputes by providing appropriate documentation. Please note that we use automated time tracking software so that we are tracking actual time spent.
If your payment method fails or becomes invalid, you will have seven (7) calendar days to settle any outstanding charges. Late payments are subject to a 1.5% (18% annual) late fee.
Some services, set up on your behalf, such as Google AdWords, Facebook Ads, web site hosting, etc., may require that you provide a payment method. We do not provide third-party billing for these services, except in certain situations at our discretion.
In certain situations, we may request a deposit for a specific project. These are uncommon, but we reserve the provision to require a deposit.
We can’t guarantee that any work product created by us will always be error-free, as they often rely on third-party software, systems or functionality. Therefore, 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 a website, programming or other created work, even if you have advised us of the possibilities of such damages.
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.
You cannot transfer this Agreement to anyone else without our permission. This Agreement stays in place and need not be renewed.
Either one of us can terminate this Agreement with a written or e-mailed 30 day notice, provided that you do not have any outstanding charges. Addresses for notices are the same as those provided by you at the end of this Agreement. For notices to novusweb, use:
13800 Lyndhurst St, #51
Austin, TX 78717
Any legal disputes of this Agreement are governed by the laws of the County of Williamson, State of Texas, which shall also serve as the venue for any action.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in our work product are either owned by you, or that you have explicit permission to use them.
Upon satisfactory payment of any outstanding charges, you will own the graphics and all work product created specifically for you. We cannot extend ownership of any software, coding or other materials provided by third parties, except as provided for by their specific license terms. Failure to pay outstanding charges means that we retain ownership of the unpaid work product and it cannot be used until payment (and any late charges) are paid.
During the term of this Agreement, we provide you with access to all shared assets (graphics, documents, etc.) using such file sharing tools as DropBox, Teamwork and/or Google Drive. We suggest you save any work in a safe place, as access is not provided upon termination of this Agreement. You are responsible for any fees that may be required to access file sharing (e.g. DropBox or Google Drive account).
To engage novusweb, please fill out this form. At the end of the form, you will be asked to electronically sign. Once submitted, we will email you a copy of this agreement for your records. All information submitted is protected by SSL encryption and will be held as confidential by novusweb llc as per the terms of this Agreement.