Contract Terms

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 everything needed to complete the project as and when and, in the format, needed it. Often this becomes a little tricky as some digital material will require software that You will likely not have access to. When this happens, Portlight Technologies will redact the materials needed. IF there is ever an additional cost you will know beforehand. 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 which you and I set together. 

Portlight Technologies: 

Portlight Technologies has the experience, required skill, and necessary resources to do everything within the scope of the project and Portlight Technologies do it all in a professional and timely manner. Portlight Technologies will endeavor to meet every deadline that’s set and on top of that Portlight Technologies will maintain the confidentiality of everything You give us. Portlight Technologies understands that life sometimes happens, and deadlines sometimes need to be adjusted. Portlight Technologies hopes that all parties will be flexible enough to work around life. 

Services 

You want a Business application Website developed and Portlight Technologies can’t wait to build it for You.  A project of the scope You and I have discussed launching often takes on a life of its own. Your requirements entail both B2B (Business to Business) and B2C (Business to Client) attributes. With that in mind, this contract is written so that the overall scope is documented with the understanding that the details can and will change as the project comes to life. Portlight Technologies uses google drive to share documents, our virtual office to keep track of definable milestones, Zoom to enhance the experience during the development phases and application training phases. 

Please log in to your customer portal to keep up with project milestones.

Cost & Payment 

They say nothing good in life is free, and this is no exception. 

Please log in to your customer portal to keep up with payment deadlines, receipts, and licensing fees due.

It is important to Portlight Technologies that You realize and understand that this project is a “blank slate”. This means that I, Portlight Technologies, am aware, as are You, that the scope will change somewhat as the projects come to fruition. Therefore, the costs listed are for Portlight Technologies services only.

If there are fees for software licensing, Portlight Technologies will FIRST discuss the advantages of the licensing, alternative methods of achieving the same goal, and how to pay for the licensing. Once you, as the client, decide which path to take (free, paid or open-source) the cost of the licensing will be passed to you, the client. 

Timeline 

Portlight Technologies knows You are excited to receive your final product, and Portlight Technologies does want to leave You waiting. Portlight Technologies will roll up our sleeves and get work on the agreed-upon date and continue until the satisfactory completion of the Services is signed off on. This means that Portlight Technologies won’t throw the towel in until the Business System developed for You is performing exactly as agreed to. Each project will have several milestones. Each phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition. Below are the phases of completion that will often attach to your project.

    1. Discovery Phase:
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    2. Development Phase
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    3. Integration: Custom Post/Content Development
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    4. Integration: Marketing Automation
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    5. Integration: Payment Gateway
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    6. Integration: Social Media
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    7. Design Phase
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
    8. Post Launch Phase
      • This phase will require input from you – if I do not receive that input your project is likely to either be delayed or not come to fruition.
      • Once the project is live, I will be available to provide You with reasonable technical support and correct any possible errors or deficiencies. If changes or updates are needed, you and I will discuss payment for changes before changes are implemented. Often there is little to no charge. It is the goal of Portlight Technologies to create a site that you can be autonomous in. I believe that it is important that you own your content, you own your system and that you have control of it. In order to be able to do this, you will require training within the admin portion of your site. This is done at NO ADDITIONAL CHARGE and there is not a defined time limit on the training. Additionally, I will be available for training for your stakeholders, on the use of the site.

Copyright Notice 

A Copyright notice that states “©[XXX]” will be displayed on the bottom of each page of your website.

Intellectual Property 

You will own the masterpiece, also known as the website, business portal, office front- end, office backend and so forth that Portlight Technologies design for You. Additionally, any visuals that Portlight Technologies need to create to provide imagery and functionality within your project will be owned by You. Portlight Technologies will turn over the work product, including any necessary files, and You will be responsible for the safekeeping of the digital content, once project completion has been finalized. Portlight Technologies is not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Portlight Technologies responsible for any third-party claims. 

Portlight Technologies will own any copyrightable work, ideas, inventions, products, or other information that I create in connection with the Services Portlight Technologies is providing. This includes code that is generically written to complete the desired project milestone. Portlight Technologies guarantees that I have the legal right to all elements related to the Services provided and will not hold You responsible for any third-party claims.

Confidentiality 

Your secrets are safe with Portlight Technologies. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). Portlight Technologies promises your proprietary information will not be sold or given to a third-party, no matter how much they offer Us. 

Assignment 

The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing. 

All the legal headache jargon!

Termination 

Portlight Technologies would really hate to see You go. If You decide Portlight Technologies is not your cup of coffee (or wine), You can end this Agreement by giving Portlight Technologies a ten (10) day written notice and paying Portlight Technologies for the Services that have completed. 

If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. 

This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.

Limitation of Liability

Your liability to Portlight Technologies is only for the costs payable under this Agreement. You will not be liable to Portlight Technologies, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.

Dispute Resolution

Negotiation:

Portlight Technologies wants to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

Mediation/Arbitration:

If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.

Litigation:

If litigation is necessary, this Agreement will be interpreted based on the laws of the State of Fl, regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed-upon State.

Attorney’s Fees:

The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

Severability 

If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.

Complete Contract 

This Agreement puts the Parties’ entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties. 

Getting down to the nitty-gritty

Design 

Portlight Technologies creates look-and-feel designs, as well as flexible layouts that adapt to the capabilities of many devices and screen sizes. Portlight Technologies creates your site on a development server. Portlight Technologies will not waste time mocking up every template as a static visual. Portlight Technologies may use static visuals to indicate a look-and-feel direction (color, texture, and typography.) Portlight Technologies calls that the ‘Design Atmosphere.’ You’ll have plenty of opportunities to review our work and provide feedback. Portlight Technologies will share our design site, support portal and have regular contact throughout the project development lifecycle.

Text Content 

Portlight Technologies is not responsible for writing or inputting any text copy.

However, I will do my best to find suitable content so that you are given a solid starting point. There will be some information that I will need to get directly from you during the initial development process.

Images 

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, Portlight Technologies can suggest stock libraries. During the design process and development stage, Portlight Technologies will often find images that suit the content. These are merely suggestions and placeholders. 

Development Platform 

WordPress CMS is used in the development of your sites. Portlight Technologies uses Elementor as a page builder as I find this the most user-friendly software that allows you to become autonomous in the design of the site. Often it is necessary to use plugins or third-party options. Portlight Technologies does try to make sure that these are open source and free, however, it is not always the case. Before any decisions are made to use a pay for plugin You and I will discuss the benefits and options. At no point will Portlight Technologies pay for third party plugins. You will be able to either purchase the plugin or send the price of the plugin to us and Portlight Technologies will purchase it for you.

Browser Testing 

Browser testing no longer means attempting to make internet applications 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. Portlight Technologies develops with the five most popular browsers in mind. Portlight Technologies will test your pages in each browser during each development phase and post-development usage. 

Desktop Browser Testing

Portlight Technologies will test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera.

Mobile Browser Testing

Testing popular small-screen devices are essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. Portlight Technologies will test our work in: 

iOS: Safari, Google Chrome Android 4.x: Google Chrome and Tablet viewing.

Let’s Shake Hands 

Ink is the official handshake of businesses. If You accept the terms of this Agreement, please send initial payment via PayPal and an email indicating you have received this contract so that You and I may begin our professional relationship.

This Agreement will become effective and implementation will begin upon receipt of the initial deposit. Your invoices and project documents will be accessible within the support site. 

Payment should be sent to portlighttechnologies@gmail.com 

I look forward to working with you and making your visions become a reality!

Jessie Brown 

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