Terms & Conditions
Fees and other cost items quoted are valid for 30 days from the date of issue. Our standard payment schedule (not including equity distributions or other assets) is as follows:
- 25% of the total project cost is due prior to commencement of the project
- First milestone: 25% of the total project cost is due when the design template and collateral branding materials are approved by the partner
- Second milestone: 25% of the total project cost is due when the design template is coded and approved by partner
- Third milestone: The final 25% will be invoiced at the end of development, prior to project hand-over
Alternative payment schedules may be discussed prior to acceptance of a project. Payment terms are strictly within thirty (30) days of invoice. Milestone invoices must be paid before development continues on subsequent milestones.
Unless previously agreed in writing, payment in full is required before Creadyne will upload a website to the partner's host, or provide technical or design files.
If any sum payable is not paid on or before the due date for payment, Creadyne reserves the right to suspend all services and access, at its discretion. We have a zero-tolerance policy on delinquent accounts.
Fees and Scope
Prior to acceptance of a project, Creadyne will discuss project scope with the partner and prepare a quote accordingly.
On acceptance of a project and prior to beginning the design phase, Creadyne will provide the partner with a Software Requirements Specifications (SRS) document. This document details the technical and creative parameters of the project that Creadyne will undertake to fulfill. Once approved by the partner, the contents of the SRS document define the project's scope in its entirety.
In the event that the feature set defined in the SRS differs markedly from that discussed prior to acceptance of the project, Creadyne reserves the right to issue an amended quote. The partner may either accept this quote or, in consultation with Creadyne, modify the feature set defined in the SRS to reach a mutually agreeable solution.
In the event of any variations or extensions to the project, or should a partner wish to engage Creadyne on a time and materials basis, all work will be undertaken in accordance with our hourly rates.
Unless previously agreed in writing, Creadyne reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each such development. The partner receives copyright on all work on payment of final invoice.
Content: Creadyne can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.
Software Maintenance: Creadyne guarantees that each project will be compatible with current versions of all major browsers. Current release refers to software versions current at the time the website goes live, versions released after this date and obsolete browsers are not included. Platforms: Windows (version 98 up to current full version), Macintosh (OS 10.1 up to current full release version).
Variations and Extensions
In the event of any variations or extensions to a contract, all work will be undertaken in accordance with our hourly rates. Creadyne can also be engaged on a time and materials basis.
Proposals assume goodwill from both sides regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
In the absence of a formal contract, the working arrangement between Creadyne and the partner shall be defined by the content of communications between the two, and a written or verbal instruction to proceed with a development shall indicate acceptance of the proposed cost, feature set, these terms and conditions, and the guidelines contained in our Partner Guide. This includes written and verbal agreements via telephone and email.
FULL TERMS AND CONDITIONS
By placing an order with Creadyne, you confirm that you are in agreement with and bound by the terms and conditions set out below, and agree to follow the guidlines set out in our Partner Guide to the best of your ability.
- "Creadyne", "we", "us", and "our" refer to Creadyne Developments, LLC
- "The partner", "you", and "your" refer to the company or individual engaging the services of Creadyne.
Creadyne will only commence a project where an agreement has been provided by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Creadyne and the partner. This includes written and verbal agreements via telephone and email.
Partner provides 25% downpayment prior to development commencement.
Stage 1: The partner must thoroughly review the Software Requirements Specifications (SRS) document and provide feedback in a timely manner. Once the contents of the SRS are acceptable, the partner must acknowledge either verbally or in written form his/her acceptance of the terms of the SRS. Any work requested by a partner not within the scope of the accepted SRS will be charged at the hourly rate.
Stage 2: If branding services are required, the partner must review provided collateral and provide feedback in a timely manner, and provide acknowledgement that the branding materials are acceptable either verbally or in written form. Any branding work requested after acceptance of these materials will be charged at the hourly rate.
Stage 3 (First Milestone): The partner must thoroughly review the supplied Design Intent materials and provide acknowledgement that the Design Intent materials are acceptable either verbally or in written form. Design Intent materials are website "mockup" images supplied by Creadyne, indicating the design and layout of the proposed website. Any design work relating to design elements defined in the Design Intent material requested after acceptance of these materials will be charged at the hourly rate.
Stage 4 (Second Milestone): Creadyne will build the site "wireframe" on their server. This wireframe shall be a working version of the site, its design in place, devoid of content. The partner must review this wireframe in regard to the SRS and provide acknowledgement that it is acceptable either verbally or in written form.
Stage 5: Creadyne will complete the site to the defined specifications. The partner must carefully review the completed website including all content, providing feedback in a timely manner.
Stage 6 (Third and Final Milestone):The partner reviews any changes made in stage 5 and authorizes Creadyne to launch the site on receipt of final payment. Any changes requested after the final review will be considered additional and charged at the standard hourly rate.
System Specifications and Alterations
Each project will have set parameters as described in the SRS. On instructions to commence development the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Creadyne will consider this to be an additional component or customization of the project and will charge for this work at the standard hourly rate.
Bugs or System Errors
When a project has been delivered and approved, the partner will have a one month grace period during which Creadyne will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
While every endeavor will be made to ensure the website and any scripts or programs are free of errors, Creadyne does not accept responsibility for any losses incurred due to website malfunction.
The project and any associated graphics and files remain the property of Creadyne until all accounts are paid in full.
Notwithstanding any agreements to the contrary, any scripts, cgi applications, php scripts, programming code or software written by Creadyne remain the property of Creadyne and may only be commercially reproduced or resold with the permission of Creadyne.
Creadyne cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the partner and may refuse use of any such material unless proof of permission is provided.
Any additions to the brief will be carried out at the discretion of Creadyne. Where no charge is made by Creadyne for these additions, Creadyne accepts no responsibility to ensure these additions are error free. Creadyne reserves the right to charge an appropriate sum for any correction to these or further additions.
The partner agrees to provide Creadyne with all materials required to complete the site (files, content and images) in a timely fashion.
Creadyne will not be liable for costs incurred, compensation or loss of earnings due to the failure by the partner or Creadyne to meet agreed deadlines.
Creadyne will not be liable or become involved in any disputes between the site owner and their partners and Creadyne cannot be held responsible for any wrongdoing on the part of a site owner.
Creadyne will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the partner, or any of the partners appointed agents.
Creadyne will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
A deposit of 25% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.
If the partner decides to terminate the contract after a project has commenced, the partner will be liable to pay for all work done up to the point of termination.
Content and Data Entry
The supply of content and assets is the responsibility of the partner, unless the partner is employing Creadyne's copywriting service.
All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.
Content must be thoroughly reviewed before it is supplied to Creadyne. Creadyne is not responsible for any spelling and grammatical errors.
Where a project has final approval Creadyne will indicate timeframes for both parties. If a partner delays the project for more than two months (by missing deadlines for the supply of information, content, images, feedback or approval) Creadyne reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.
Database, Application and Ecommerce Development
Creadyne cannot take responsibility for any losses incurred by the use of any software created for the partner. The partner is expected to fully test any application or program relating to a site developed by Creadyne before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the partner in ensuring that all software is functioning correctly before use.
Notwithstanding any agreement to the contrary, any scripts, CGI applications, PHP scripts or software written by Creadyne remain the property of Creadyne and may only be commercially reproduced or resold with the permission of Creadyne.
Where applications or sites are developed on servers not recommended by Creadyne, the partner is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Creadyne for external hosting will incur additional charges.
Where a large application is to be developed, the partner is responsible for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered and approved, the partner will have a one month grace period where Creadyne will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at the standard hourly rate.
Creadyne will ensure that any site or application will function correctly:
- On the server to which it is initially installed
- When viewed with Microsoft Internet Explorer 8 to current full release
- When viewed with Mozilla Firefox 2 to current full release
- Apple Safari 4 to current release
Creadyne can offer no guarantee of correct function with all browser software including future or obsolete releases, or minority browsers.
Payment of Accounts
A deposit by the partner is required before Creadyne can commence a project. Any outstanding accounts for work completed by Creadyne or our affiliates requires payment in full no later than thirty (30) days from the date of invoice. Invoiced milestone payments must be paid before Creadyne will continue work on subsequent milestones. On completion of a project the partner is obliged to pay the balance in full prior to hand-over of code, passwords, assets and intellectual property rights.
Creadyne will contact partners to remind them of payments due if they are not received. If accounts are not settled in a timely manner, website access may be denied and web sites or projects removed from public view. Creadyne will always inform representatives of delinquent accounts via email prior to taking such steps. Settlement of delinquent accounts is pursued via the instruction of collection agencies and/or through the court system in the partner's country of operation.
Creadyne owns all copyright, and all other rights, on materials produced until accounts are paid in full, at which point all such rights transfer to the partner.
Any partner experiencing problems with a web service provided by Creadyne should contact their assigned Project Manager. Partners should supply the URL of the problem and clearly outline the issue in question.
Creadyne will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.
Collection of Information
When you visit this website you may provide us with three types of information:
Personal information you knowingly choose to disclose that is collected on an individual basis.
Website use information collected on an aggregate basis as you and others browse this website.
Email Information: if you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our response.
Website Use Information
Each time someone accesses this website the server records technical information about that person's operating system, browser type and version, screen resolution, time taken on each page etc. No personal information is collected by this process. This information is analysed in order to improve our website and our online marketing strategy.
We use personal information for the purposes only of administering this website.
Sharing Information with Third Parties
We do not share e-mail or other information with third parties.
Questions regarding the above statements should be directed to us via the Contact Us page of this website.