Pay-to-Play Learning Management System
THE TEXT OF THE CONTRACT.
ACTUAL CONTRACT TO SIGN IS HERE: https://www.popesbrand.com/contracts/
Pay-to-Play Learning Management System
Between Pope’s Brand Media
And Jeffrey Pollack.
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You Jeffrey Pollack, located in New York City (“You”) are hiring us Pope’s Brand Media (“We or Us”) to:
Design and develop a “pay-to-play” learning management system website
For the estimated total price of total as outlined in our previous correspondence.
Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we reasonably need to complete the project. You’ll do this when we ask and provide it in the formats we ask for (which shall be limited to Word, Pdf, Excel). You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a Google Drive folder and a development site with you and we’ll have regular, possibly daily contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you at our rate of $100 Per Hour, until that point and terminate this contract, which you can do at any time.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Mobile browser testing. Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
iOS 11: Safari, Google Chrome Android: Google Chrome on Android Emulator
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We’re are a website hosting company so we offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at our preferred hosting provider. We can set up your site on a server, plus any statistics software such as Google Analytics.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on 12 Months and UP TO 6 Courses in your Learning Management System. After 12 months, all changes are at the agreed upon ($100 per hour) Rate
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so 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, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission or own leasing rights to provide them to you. When we provide text, images or other artwork to you, we agree to protect and indemnify you from any claim by a third party and any associated attorneys’ fees that you’re using their intellectual property. Our indemnification obligation shall not be subject to the limitation of liability set forth in the “Legal Stuff” Section above. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. 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 intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business 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.
See Quote and 1st Invoice for payment terms.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice by SQUARE. All proposals are quoted in US DOLLARS and payments will be made at the equivalent conversion rate at the date the transfer is made.
You shall not be required to make any final payment with respect to a Beta or finished website unless and until you accept same and the website performs in all material respects.
If you reject any Beta or final version of the website due to its failure to perform in all material respects, we shall have 30 days to remedy any defect at no cost to you. Should we fail to do so, you shall have the right to terminate this Agreement and retain all work product created by us, or to provide us with addition time to cure any defect at no cost to you.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws of the State of New York under exclusive jurisdiction of New York courts located in New York County.
Date and Sign Contract Here:
We will send you a PDF of the Signed Contract