[vc_row fullwidth=”true” css=”.vc_custom_1547485135173{padding-top: 100px !important;padding-bottom: 100px !important;background-color: #08c3af !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column][vc_single_image image=”2991″ img_size=”full” alignment=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][vc_custom_heading text=”Ready To Launch Your Project?” font_container=”tag:h2|font_size:25|text_align:left|color:%2308c3af”][vc_empty_space][vc_column_text css=”.vc_custom_1631162879807{margin-bottom: 0px !important;}”]Thank you for considering Shark Jockey to help with the launch of your next project. The project terms listed below go in-depth on the terms we adhere to while serving your agreement. They also outline expectations for our clients. These are very important and ensure that the requirements needed to successfully complete your website or marketing project are met.
Please reach out directly to us with questions about anything below that needs further clarification. Also, note that every project is different. It is possible that your project terms may or may not include some terms that are different from what you read below. If this is the case, then your specific proposal will state these differences. The following terms, conditions, and clarifications apply to all clients unless stated otherwise in the project proposal. Payment to Shark Jockey Digital guarantees that the client has read, understood, and agrees to these project terms.
What Do Both Parties Agree To Do?
As our client, you have the power to enter into this contract on behalf of your company or organization. You agree to provide us with everything necessary to complete the project including logo, text, images, branding materials, product descriptions, keywords, general content, blogs, link(s) to social media, hosting credentials and any other information we request as we need it, and in the format we require. We wish to avoid any delays. Deadlines work both ways and you as well will be bound by any dates/timelines that we set forth. You also agree to adhere to the payment schedule outlined in this agreement. We have the experience and ability to perform the requested services. We will carry out our work in a professional and timely manner. We cannot be held responsible for a missed website launch date or deadline if youʼve not provided all content and/or revisions on time. Both parties also agree that discrepancies related to photography or design will not be cause for delay. Shark Jockey Digital is a marketing company that uses creative from a variety of sources including client files, third-party stock images, professional photography, amateur photography, and internal or external designers. Design is important, but the importance of function and timelines surpass creative design. If creative design, photography, or video is extremely important to the client and this project, it is important to make sure all details are outlined in this document’s Project Scope and/or Statement Of Work. Shark Jockey offers unmatched options for Photography, Videography, Creative Design, and Website Design. These services are not cheap because they involve expert members of our team and can take days or weeks to create. Clients are encouraged to discuss options with our team to find the level that matches every budget. While some stock photography is provided it is recommended that clients strive to provide and update all images to include custom designs that cannot be claimed or utilized by anyone else.
Payment Schedule
The payment schedule for this project will be based on milestones as defined below. Like a parking ticket, this agreement is non-transferable and non-refundable. The initial deposit does not constitute a credit, and therefore cannot be used toward our other services. You are accountable for the full balance of your contract whether you decide to complete website or not. This is intended to protect both the client and Shark Jockey Digital from dedicating services, time, personnel and resources in good faith without receiving fair compensation.
- Payment of $2,997 due on acceptance (before work begins).
- Additional Advertising budget (if applicable) = Withdrawn from client card by Google Adwords, Facebook Ads Manager, or LinkedIn and therefore, outside of this agreement with no relation to Shark Jockey Digital.
- If monthly payments are required for this or future agreements, they will be due either by the middle of the month OR the last Friday of each month (or 30 days) prior to the start of next month’s work.
- Payments can be made by check or visiting sharkjockey.com/client-portal/
Timeline
Our estimated time required to complete your website will occur during the 1-month time period August 17 – September 14. It is based on the final scope that is still TBD as of this agreement. We will commence the work after we have received a signed contract and confirmed payment through our online portal. Please also keep in mind that we rely on you and your team to provide us with the necessary assets (including but not limited to account login information, website text, photos, social media, products, pricing, etc.), and approvals in order for us to work on your website, and to avoid impacting your website launch date. All payments must be complete prior to launch or handing over of account information to the client.
Project Orders & Additions
This project order is to complete the scope of work found above. Any other elements not listed above will be considered out-of-scope and will not be accounted for or worked on under this proposal. If we’ve omitted any other requirements in this scope please bring them to our attention before agreeing to the project. This project scope and completion is subject to the expectation of cooperation from the client. Functionality and success of all work is dependent on numerous external factors. Please review the Statement of Work and if you have any additional feature requests, changes in tasks, changes in deliverables or any scope modifications, beyond what was agreed and signed off on in the original Statement of Work, additional billable time will be incurred to you as the client at our hourly rate of $100. These amounts will be applied to the next invoice.
Estimate Overages
Tiny Sloth will not be held accountable to overages for situations where Shark Jockey’s time and cost investments have gone above and beyond the quoted amounts for a given task or set of tasks when abiding by the project scope. If functionality outside of the defined scope is requested during the course of the project, the request can be detailed and estimated separately in a Project Order. Payment for a Project Order is due at the time the request is approved and prior to work beginning. Project Orders inevitably affect the work schedule of In-Scope work and should be tacked on to the end of the project schedule whenever possible. In many instances, clients provide an agreed-upon monthly retainer along with a commitment to provide the hourly rate for labor hours applied to work beyond the standard scope.
Standard Agency Rates
Standard agency rates offered below show significant differences and savings achieved by utilizing special package pricing. Packages above offer special pricing based on commitment to certain plans, multi-location agreements, and multi-month terms.
| Monthly Retainer | Standard Hourly Rate |
10% Nonprofit Discounted Rate | Average
Discounts |
Minimum
Contract |
| $175 – $2,000 | $175 | $157.50 | 0 – 10% | 12 Month |
| $2,175 – $10,000 | $150 | $135 | 15% – 23% | 6 Month |
| $10,175 – $25,000 | $135 | $121.50 | 25% – 31% | 3 Month |
| $25,175+ | $125 | $112.50 | 30% – 36% | 3 Month |
| Special Offers | $100 | NA | NA | NA |
Revision Terms
Tiny Sloth will be provided the opportunity to revise creative process prior to initial launch and during monthly consultation sessions. Single requests sent as an email or a phone call count as a revision set as well. To make the most of your revision sets please send together in a single document. The price estimate includes time for revisions, and that will not exceed 10% of the total budget of web development time mentioned above. Should you request additional revisions beyond what is included, or that exceed the allocated time, you will receive an email notification from us requesting confirmation that you wish to proceed with said revisions and agree that you will be billed at our hourly rate of $100. After we have received your confirmation of additional hours and services we will proceed and apply this to the next invoice. A 7-day window from the date of website migration to your hosting and/or launch is assumed for error review. This does not include new website revisions, but errors that may have occurred during migration such as spelling, grammar, punctuation, hyperlinks, font, etc. It is the your responsibility as the client to review your website during this time and point out any errors to be corrected. Any error that you find after the 7-day window will be changed upon request and it is assumed that the client approves necessary charges to appear on the next invoice at our hourly rate of $100.
Migration Of Website and Launch
Once the project deliverables have been approved, we require full payment of your projectʼs remaining balance before migrating your website onto your hosting. From the time the website is completed and ready for launch, you have a maximum of 30 days to provide us with your hosting and domain information. If that information is not provided, thereʼs a possibility that the website will be removed from our server without notice. Extensions can be provided upon written request.
Exclusive Design Credit
Have you ever signed a signature on a work of art? Similarly, every author deserves to have their name associated with their book. Weʼre proud of our work and reserve the right to apply the text “Shark Jockey Digital” on your website. Should you wish to remove the credit, a fee of $499 applies. Removal of our name does not mean surrendering our design credit to any other party. Without our expressed consent, your agreement to this proposal signified through payment or signature and return of this form expresses client agreement that “Designed by Shark Jockey Digital” (or something similar) will be visibly displayed on your site (standard industry practices show this and our white logo at the very bottom of most websites) acknowledging design credit AND that we can show this site in future marketing materials.
Allowances
You’re responsible for the cost of any outside paid assets. This is included but not limited to hosting, domains, SSL certificates, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugins or software, recommended or otherwise after project completion. Project completion occurs on the date listed above in the Project Scope Summary and/or Signatures potions of this document.
Recommended Hosting and Backup
We recommend clients utilize the standard Shark Jockey Hosting Package to ensure that you have a smooth migration experience and ensure no additional billable time. As the client, youʼre responsible for the management and maintenance of your hosting and domain at all times. All hosting/domain packages must be paid annually to Shark Jockey Digital or the hosting company of your choosing. Hosting Packages MUST BE paid prior to the deadline in order to ensure service is not interrupted or stopped. Other hosting options exist. We recommend looking into GoDaddy or Bluehost if needed. If another host is secured, it is 100% up to the client to ensure the hosting company is capable of handling their needs. Clients must provide Shark Jockey with the information to login to whichever hosting option they choose. Hosting must be secured prior to the start of work on the website. While some backups will be provided through your theme, it is always recommended that the client maintain access to and control of the Cpanel for the hosting service in use AND that the client take steps to guarantee their entire website, transaction history, content, photos, and other important documentation is backed up in multiple places. The client understands and agrees that Shark Jockey and its representative(s) is/are absolutely not responsible for backing up any important data, design, or other materials digital or otherwise on a regular basis once a project is launched.
Browser Functionality
All of our websites are tested for functionality on current Safari, Chrome, Firefox internet browsers. We do not guarantee that your website will look exactly the same on every screen, and it may appear differently due to varying screen resolutions and aspect ratios.
Liability
Shark Jockey Digital will do everything possible to build you an amazing website, but we accept no liability for your sales, revenue, and/or the success of your website/business directly, indirectly, or consequentially. We do not test, change, endorse, or certify claims, products, slogans, or statements. All language used on the website is guaranteed by the client, NOT Shark Jockey Digital. On occasion, Shark Jockey Digital works with clients offering equity, ownership, commission, products, services, and other forms of compensation in exchange for services. In these instances, Shark Jockey Digital maintains that our role is to provide expert marketing support. Claims made online or in other places, products, sales, slogans, content, and other materials are still the sole responsibility of the majority owner and/or client. Our role is to provide support for your goals, NOT to protect companies or people from themselves.
The client agrees to bear all risk of loss after purchase and for any loss of content they have used on their website or platforms, including any loss due to a computer or hard drive crash, virus, malware, bug, or faulty backup. All clients are encouraged to backup their own websites, products, blogs, data, purchases, customer information, and other important resources on their OWN networks. Clients accept responsibility for the information that is critical to them at all times and understand that even if backups are in place by Shark Jockey, this does not necessarily mean that all information can be saved in the event of an emergency or unforeseen virus.
Termination
Your rights under these Terms & Conditions will automatically terminate without notice from us if you fail to comply with any of their terms, or any terms of the Rules or the Terms of Service. In case of such termination, you must cease all use of the Digital Content and Hosted Content, and we may immediately revoke your access to any materials, social media platforms, website platforms, digital marketing platforms, content, creative, or other assets created with the help of Shark Jockey without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Site. Your continued use of the Digital Content and/or Hosted Content after any such amendment’s effective date evidence your agreement to be bound by it. This Agreement is effective until terminated by us or you. In the event that services continue beyond the date provided by an agreement (in writing, through digital documentation, or through verbal commitment) between the client and Shark Jockey, the client agrees that continued payment will be provided to Shark Jockey for such services. The client agrees to continue with payments monthly, quarterly, or annually without dispute. The client agrees this is necessary and important so that services including, but not limited to, access to website and social media accounts that are setup, managed, or used by Shark Jockey do not disappear. The client agrees that failure to continue with payments for services for any reason may result in withholding and / or termination of access to all accounts, materials, knowledge, education, and content provided by Shark Jockey. The client agrees that even if access to materials or accounts was provided to the client previously by Shark Jockey, it is not Shark Jockey’s responsibility to continue providing access to the client and that all access can disappear at any time for any reason. Therefore, the client agrees that maintaining access to all materials and social media or website platforms are entirely the responsibility of the client. The client agrees that it/he/she/they/them will not hold Shark Jockey liable for any damages (whether they be real, assumed, imagined, proven, unproven, or disputed) that might occur when access to content, materials, social media or website platforms is removed by Shark Jockey for any reason. Shark Jockey, its representatives, and / or its vendors shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account(s) on the Service (if any exist) and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service. You also agree that if services are terminated by you or Shark Jockey at any time or for any reason, then all access to materials, content, platforms, hosting services, URLs, domains, design, social media networks, or any other materials held by Shark Jockey through digital or real world capabilities are no longer Shark Jockey’s obligation to provide you in the future AND may be deleted, revoked, removed, erased, and gone from your use forever. All clients agree that it is entirely up to them to maintain their own copies of all aforementioned materials and access to anything they might need. All clients agree that they will not hold Shark Jockey liable in any way if their access disappears to these such materials, social media platforms, website platforms, or other digital or real world materials and accounts. All clients agree that failure to provide complete payment of invoices on-time and in full may result in such action including, but not limited to, holding or termination of all their accounts, materials, and work provided by Shark Jockey and its representatives. The client agrees that Shark Jockey is not required to provide any additional communication regarding any actions described within this document describing or terms, conditions, and policies.
Website and Marketing Examples
Please ask to see examples related to your project or campaigns if needed.[/vc_column_text][/vc_column][/vc_row]
