Clauses

  • The accompanying preconceptions about your project have been made, and they will have an impact on the cost estimate, deliverables, production schedule, and project staffing, among other proposal components.

  • The task will be carried out at the developer's workplace or a different SharkFold designated developer's workplace.

  • The inability of the client's technical and functional resources to review papers, respond to inquiries, and take part in meetings, training sessions, and testing activities won't cause any delays. SharkFold is entitled to end the project with notice if the client is unresponsive and no feedback is given.

  • The website will be deemed finished once it is published on the Internet and made publicly available for viewing. Before the project's website launch, the last installment is required.

  • Updates to the Work's Scope Clause: The costs stated are only "estimates" depending on how long we anticipate this job will take. We hold the client responsible for any resulting additional work. The client will be charged an additional fee at the normal billable rate of $100/hour for any changes required by client revisions and/or additions after client approval (other than in the event of SharkFold's error).

  • SharkFold will have the option to terminate this agreement and invoice you for the greater of: (1) all work completed up to the date of written notification, including expenses, at a rate of $100 per hour or such other rate as shall be specified in this agreement; or (2) the amount of any advance payment. If you cancel this project or if there is a delay of more than one month in responding to SharkFold's request for information or review/approval of proofs, Any continuation of this project after its termination will necessitate a new contract, fee schedule, and down payment.

  • Termination. If any party breaches a material obligation under this Agreement and the other party fails to remedy the violation within thirty (30) days of receiving written notice of the breach, either party may terminate this Agreement. At SharkFold's sole discretion, this Agreement may be terminated by the Customer or by SharkFold if the Customer I refuses to comply with the Company or (ii) interferes with the performance of the Services hereunder by the Company.

  • However, Web content, design, and other work product created by the Consultant and similar products and materials will remain SharkFold's property and copyright until all fees under this agreement have been paid in full. The client will retain all intellectual property rights of source material (such as design, code, copy, and photography) provided to SharkFold for use in connection with this project.

  • It is the client’s responsibility to verify and or sign off on the production and testing of the website within 30 business days of SharkFold notification of completion.

  • Stock Photography: if requested by the client, SharkFold will provide research and assistance on stock photography to be used in designing the website or other web base and marketing applications. Cost per photo starts at $30 and up depending on size and popularity. Providing additional photos will be billed on a time and material basis.

  • Project Timeline: the actual development/design time needed to complete a project. The timeline is dependent on immediate and consolidated feedback from the client on all design and development deliverables. If feedback is delayed, the project timeline may also be significantly delayed.

  • SharkFold cannot guarantee or promise any placement in search engines.

  • After homepage layout approval, client will give all site content. SharkFold loads "Lorem Ipsum" to display page layout until content is prepared. SharkFold receives text in MS Word, photos, if applicable, and the company logo as an EPS or high-resolution JPG file.

  • SharkFold will only patch bug-related issues for 90 days after launch. If the customer modifies the website code or hosts on servers other than SharkFold's allowed servers, SharkFold won't remedy the bug without time and materials.

  • At contract signing, a non-refundable deposit is needed. Cancellation of a web design project by either side results in a refund of any payments paid beyond the deposit, minus the amount already incurred in the project's development. Web design reimbursements are processed and provided 15-30 days after cancellation.

  • If SharkFold stops conducting business, declares bankruptcy, or has a receiver appointed before this contract is finished, all relevant work products must be sent to Client immediately, and the contract must be canceled without further recourse or payment.

  • If SharkFold desires to subcontract any work relating to this Agreement, Client must be notified before work begins and must authorize the subcontractor. The subcontractor must agree to be bound by the terms of this Agreement as fully as SharkFold.

  • Customer agrees to indemnify and hold harmless SharkFold (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and all related costs and expenses) incurred by SharkFold as a result of any claim, judgment, or adjudication against SharkFold related to or arising from SharkFold's work.

  • Each Party certifies that it has read, comprehended, and agreed to be governed by the terms and conditions of this Agreement.

  • Agent Duly Authorized: If this Agreement is executed, each Party guarantees that the person whose signature appears on the signing pages has been given the proper corporate authorization to sign this Agreement.

The term “Confidential Information” Means

  • any and all information provided by Client to SharkFold in any form, whether oral, written, graphic, recorded, photographic, machine-readable, or otherwise, with respect to or in connection with the website, including, without limitation, business plans, financial statements, trade secrets, customer information, actual or anticipated business dealings with third parties, intellectual property rights, products, research and development, operations, website function, marketing, sales, pricing, and trade.

  • SharkFold will carefully maintain the confidentiality of any confidential information. SharkFold will never utilize the client's confidential information for any other reason outside website upkeep. Under this Agreement or via the transfer of Confidential Information between the Parties, no additional rights, including but not limited to licenses, trademarks, inventions, copyrights, patents, or any other intellectual property rights, are implied or given. After this Agreement expires, this Section will remain in effect. Whether or not the information is designated as "Confidential" or "Proprietary," all data provided by the client to SharkFold in oral, written, graphic, recorded, photographic, machine-readable, or any other form related to or in connection with any actual, potential, or proposed arrangement, relationship, business opportunity, or transaction between the client and any third party.

  • Either Party agrees that the following material is not deemed to be "Confidential Information":

  • prior to disclosure under this Agreement, is in SharkFold's legitimate possession, as demonstrated by competently written proof;

  • was or becomes available to SharkFold on a non-confidential basis from a third party who is not otherwise known to SharkFold to be prohibited from transmitting the information to SharkFold;

  • prior to disclosure under this Agreement, is in SharkFold's legitimate possession, as demonstrated by competently written proof.

  • is created or acquired by SharkFold independently, without using or referring to Confidential Information;

  • is published with the Client's prior written consent; or

  • is communicated to SharkFold once the latter has notified the client in writing that it is ending this agreement or does not want to receive any further confidential information.

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