Frukte

Further terms

For the Contract between Us (Frutke) and You

Summary

No one enjoys long passages of unreadable text or contracts loaded with complicated legal terms. That’s why we’ve distilled your Contract into just the gooey nougat; the stuff you really need to know. We’ve moved the more mundane, standard details to this document to keep things tidy. By signing the Contract we sent to you, you are agreeing to be bound by these Additional Terms, so please take a few moments to read them. We have no desire to trick you into signing something that you might later regret. We want what’s best for the safety of both parties, now and in the future. ↑

What do both parties agree to do?

As our customer, you have the power and ability to enter into the Contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to provide the services you’ve requested, including usernames, passwords and other information when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set together. You agree to stick to the payment schedule set out near the end of these Additional Terms. ↑

Gentlemen, we can rebuild him. We have the technology.

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 target date or a deadline if you have been late in supplying materials, information or have not approved or signed-off our work on-time at any stage. We’ll maintain the confidentiality of any information that you give us. ↑

Getting down to the nitty-gritty

What do you mean Network?

Quick point of clarification. In general, we use the term “network” to describe the way your computer is connected to other computers, to the internet, or to your server. If you only have one computer (and no real “network” per se), just mentally replace the word “network” below with the word “computer”. ↑

Design

We may need to make changes to the way your network is designed or files are organized. If so, we will document any new network design and provide it to you (detailing what is plugged into what, etc.). ↑

Hardware & Software

To provide the services you’ve requested, new hardware may need to be purchased. Old hardware may need to be upgraded, reconfigured or used for target practice. We may need to update, upgrade or purchase software applications too. For example, if you want us to build and host a website about trebuchets, it may be helpful to have one to reference. Plus, they’re really cool. But don’t worry; we’re professionals. Before buying anything, we’ll let you know and get your approval. ↑

Viruses and Spyware

The presence of viruses, spybots (sometimes called spyware or malware) or bloatware on your network will significantly hamper our progress. Unless specifically mentioned in the Statement of Work section, the total price estimate we made does not include the detection or removal of viruses, spybots or bloatware. If we suspect the presence of these will hamper our work, we’ll let you know. ↑

Wait. What’s my login?

If we need to create new accounts, email addresses, logins or passwords for you, we’ll provide these to you in a format of our choosing. We think skywriting is cool, but sadly it’s not terribly secure. ↑

Backup

If a part of your network fails, melts or the magic smoke escapes while we’re working on it, we’ll try recovering what we can. Ultimately, you’re responsible for backing up your own data before we begin. ↑

Housekeeping (Yes, we do Windows)

Ongoing support

Once we’ve completed the items listed in the Statement of Work section of your Contract, please take a moment to look around you. Your nearest usable exit may be behind you. In the event of a loss of cabin pressure, additional updates, troubleshooting, support or additional services can be arranged. Let us know and we’ll negotiate a rate, setup a budget cap (if needed) and sign a new Contract. ↑

Changes and revisions

We don’t want to limit either your options or your opportunities to change your mind. The cost listed at the beginning of your Contract is based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do change your mind, add extra tasks or even add new functionality, that won’t be a problem.

Any additional services that we suspect may exceed the budget cap you’ve communicated can be arranged. We’ll negotiate a rate, setup a budget cap (if needed) and sign a new Contract. ↑

As with your Contract, if any provision of this agreement shall be found 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. ↑

Copyrights

You guarantee to us that any elements of code, text, graphics, photos, designs, trademarks, artwork, logins, usernames, passwords or other data that is already on your network or that you provide to us are either owned by your good selves, or that you have permission to use them.

You will continue to own the text content, photographs and other data, as well as the part of your network that already exists, and the code that now makes it run. But we will own any new code that we may generate for this project. We license it to you for your personal use, but only for use on the network for which we generated it (i.e. yours).

Of course we’ll give you a copy of all files, logins, usernames and passwords we created for you specifically. You should store them safely as we are not required to keep them or provide any native source files or information we used to create them.

We love to show off our work and share what we have learned with other people, so we reserve the right to refer to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about how to do awesome stuff. Hooray! More publicity for you! ↑

Payments

We are a small business. We are sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

For most projects, an invoice will be sent to you once a month or within a week or two of the completion of the items mentioned in the Statement of Work section of your Contract. For very large projects, such as those that may span multiple invoicing periods, an invoice will be sent to you for work done toward completing the items mentioned in the Statement of Work section of your Contract.

Any purchases made by us for you, such as new hardware or software, will be included on your invoice for the cost we paid (including any taxes or small discounts we receive for being “special friends of Rick”).

All invoices are due 30 days from the date printed on the Invoice. Unpaid, overdue Invoices are subject to an additional, monthly charge of 15% of the total amount due. Payments received will be credited towards the oldest overdue Invoice first. After an Invoice remains unpaid for 60 days, services we provide for you may be discontinued. In the event of a default in payment, you agree to pay reasonable attorney fees. ↑

Done? Yep. That’s it.

As always, please don’t hesitate to contact us if any of this sounds odd, weird or just doesn’t make any sense. While we don’t anticipate any significant changes will need to be made to these Additional Terms, we constantly strive to make things simpler and easier to understand. Therefore, this document as edited is applicable to all future and former Contracts that reference these Additional Terms. It was first published on 02 September 2015 at http://frutke.com/more-terms/ and last edited on 02 September 2015. ↑

 

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Special thanks to Andy Clarke, of Stuff and Nonsense, for sharing a contract template at http://24ways.org/2008/contract-killer where it is published under a Creative Commons Attribution Share-a-like license. ↑