These terms and conditions listed below are in no way meant to enforce strict policies that make working with each other unmanageable. These terms are made available so that we ensure an awesome working relationship together with guidelines laid out as to what can be expected from you as the client and from us, Blue Box Interactive, as your digital agency. If you have questions about any part of the terms and conditions please do not hesitate to ask.
You must accept the terms of this agreement in order to accept our contracts/agreements/proposals/services. By Signing your contracts/agreements/proposals/services you confirm you have read, accepted and acknowledged these Terms And Conditions laid out below. In addition, signing our Debit Order Authority for services confirm that you have read and agreed to our Terms and Conditions and duly accept them.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Blue Blue Interactive (Pty) Ltd hereafter referred to as “Blue Box Interactive”
Blue Box Interactive reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Blue Box Interactive web site. Your continued use of Services following Blue Box Interactive’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1.0 Services Rendered
You, the client, agree to the terms listed on this page as contractual agreements, you agree to the terms listed below and to work within those terms for the duration of any signed agreement.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables mentioned in your signed document. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
2.1 Expected Client Responsibilities
Client agrees to supply the necessary needed content for the site in a timely fashion for the project’s completion.
Client agrees to pay bills at set milestones in a timely fashion.
Client agrees to release full payment prior to handing over site files.
Client agrees to attend regular meetings and respond in a timely fashion in order to meet expected deliverable dates. Blue Box Interactive will not be responsible for any delays caused by client.
Client agrees to inform us 24 hours before a meeting if client is unable to make it. Blue Box Interactive reserves the right to charge for time for missed meetings should this be a recurring problem.
Client is responsible for signing off different stages of a project. Should the client request changes to scope of work after sign off has been made the client will be responsible for additional fees incurred.
Client agrees to pay invoices via Blue Box Interactive client portal, PayPal, or Bank Transfer.
Client agrees to work with Blue Box Interactive via their communication channels unless other arrangements have been made. (i.e. Teamwork, Skype, Slack, Email, etc.)
Client agrees to communicate any changes to the established contract in writing.
2.2 Expected Blue Box Responsibilities
Blue Box Interactive agrees to inform you up to 24 hours before a meeting if we are unable to make the agreed upon scheduled time.
Blue Box Interactive agrees to stick to the project deadlines and agreed upon timelines provided the necessary information and content from the client. If a delay is expected Blue Box Interactive will make the delay known as quickly as possible.
Blue Box Interactive agrees to send invoices for payments made.
3.0 Charges for Services Performed
Total charges for the creation and coding of all new features is set in your contract/proposal.
3.1 Scope Creep
Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended.
4.0 Terms of Payment
4.1 Billing & Deliverables Schedule
We’re sure you understand how important it is as a working organization that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, by signing your agreement you agree to stick tight to the payment schedule in your contract.
Payments will be made due upon various stages of completion during the project. IF YOU DELAY THE EXECUTION OR PERFORMANCE OF A DELIVERABLE WE RESERVE THE RIGHT TO MAKE PAYMENTS DUE UPON THE ESTIMATED DUE DATE.
Payments will be billed via PayPal invoice which will be payable by paypal balance or credit/debit cards.
Delays in project completion may occur when:
Projects that go dormant for longer than 45 days will incur fee a 20% fee of total contract value to resume work at the discretion of Blue Box Interactive.
Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
6.1 Client Responsibility for Accuracy
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
Blue Box Interactive acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Blue Box Interactive on behalf of the client or disclosed by the client to Blue Box Interactive.
7.1 Client agrees to allow Blue Box Interactive Portfolio Usage.
Blue Box Interactive has permission from the client to showcase the project, write case studies, and post this item to a public portfolio. This is acknowledged by the client. Client also agrees to allow Blue Box Interactive to install “Designed by Blue Box Interactive” in the footer of the project.
8.0 Term and Termination
8.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as of date signed
8.2 Termination For Cause
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
8.3 Payment For Non-Cancelable Materials or Services
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the client, that any such materials and services, are non-cancelable.
8.4 Materials Unpaid For
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 Transfer of Materials
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the client to Blue Box Interactive, Blue Box Interactive shall transfer, assign and make available to the client all property and materials in its possession or control belonging to the client. The client agrees to pay for all costs associated with the transfer of materials.
9.0 General Provisions
9.1 Governing Law
This Agreement shall be governed and construed in accordance with the laws of the California.
9.2 Representations and Warranties
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 Entire Agreement
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully sever-able. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.