Terms and conditions
Proposals
Proposals and quotes are to be treated as confidential and will remain the property of Fabrica Collective. Proposals and the information within them should not be passed to third parties without written permission. Quotes outlined in proposals are valid for 30 days from the date of receipt.
Payments and invoices
Fabrica Collective LLC starts working on a project upon receipt of a down payment. We invoice projects in three stages.
- 33% deposit up front
- 33% installment at the midpoint
- 33% balance once the website has been tested and everyone agrees it is ready.
Websites are made live upon completion of the project, when all payments are cleared. If applicable, hosting and domain name registration fees must be paid every month or quarterly, as agreed.
Late payments
3. If payment on an invoice has not been received 5 days after the invoice’s due date, Fabrica Collective has the right to suspend work until payment has been received. If the invoice remains unpaid for 10 days after the invoice’s due date, Fabrica Collective has the right to remove/take down work completed within that invoiced stage of the project.
Work ownership
Fabrica Collective retains ownership and copyright on all code and designs it creates for a Client, until final and full payment has been received for the work commissioned. Thereafter, the full intellectual rights belong to the Client.
Additional services
Additional services come at additional fees, on a fee for service basis or on an hourly rate. If clients require additional services, the correspondent fee is added to their invoice and they are charged accordingly.
Project timelines
On project acceptance, Fabrica Collective will provide a timeline and will outline key milestones for the agreed work. Fabrica Collective will keep the client informed of progress and flag up any potential delays as soon as they occur.
Delays in project completion may occur when:
- There is a delay in any payments
- The client requests further changes in the design, structure, or content of the project
- The client purchases an additional service related to the project
- There is a delay in the receipt of any materials from the client
- Time frame estimates are approximate only and are subject to change at any time at Fabrica Collective LLC’s discretion.
At any time, and at its whole discretion, Fabrica Collective LLC’s may decide to put a project on hold.
Project satisfaction
All of our services are 100% satisfaction guaranteed. We don’t stop working until our clients are completely satisfied with their solution. That is our commitment. However, Fabrica Collective LLC will under no circumstances be held responsible to satisfy unreasonable expectations or request Fabrica Collective‘s discretion to decide whether or not a request or an expectation is reasonable or lies within the scope of offer of services to its client. As an example, if the client purchases a certain service, but in order to be fully satisfied, Fabrica Collective LLC judges that an additional service is necessary, then it is no longer Fabrica Collective LLC’s responsibility or commitment to satisfy the client. In other words, Fabrica Collective LLC guarantees 100% satisfaction within the framework of its original scope of work or master services agreement with the client, according to Fabrica Collective LLC’s understanding.
Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is 100% satisfied. Any further work on these services (elements of the project) will be invoiced accordingly.
Project completion
Unless clearly specified otherwise, all project statuses are set as “completed” after a 3 month period has passed (calculated from the first payment date). This means no more work will be done on that project and no service will be provided. This doesn’t apply to hosting and domain name registration services, which are provided independently of the project status, and only according to the client’s payments.
Confidentiality
Data Protection
Supplied content & assets
With assets and provided content, it is the Client’s responsibility to ensure that all rights and permissions have been obtained for use on the website, social media posts, or in any other form of promotion that Fabrica Collective has been commissioned to work on. This refers specifically to text, graphics, photography, company logos, trademarks, and any other required materials.
Hosting
Fabrica Collective shall deploy to a hosting area of the Client’s choice assuming a compatible hosting environment is provided, but cannot be responsible for issues relating to hosting once the site is launched. Fabrica Collective also offers a managed hosting service through its preferred hosting partner, and terms of our hosting can be viewed upon request.
Testing
Browser & device support
Website errors
In the case where website development work is undertaken, Fabrica Collective will provide a code warranty on completed work for a period of 30 days, should the Client NOT take out an SLA, or have the website hosted by Fabrica Collective. All errors should be reported by emailing the Fabrica Collective found on our contact page. Clients taking out an SLA, or who have the website hosted by Fabrica Collective will be covered for the agreed period of the SLA.
Indemnity
The Client agrees to indemnify and hold harmless Fabrica Collective from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, but only to the extent caused by, arising out of, the work carried out by Fabrica Collective.
The Client agrees that loss of sales due to technical malfunction of the website, will not be the responsibility of Fabrica Collective.
Termination rights
Governing law & jurisdiction
This Agreement shall be construed in accordance with the laws of The United States and shall be subject to exclusive jurisdiction of the United States courts.
Fabrica Collective is registered in Delaware with company number 6474785.
