INKBERRIES ENGAGEMENT AGREEMENT

Thank you for considering BUTTER PAGES, an Inkberries Rocks Corp. {“inkberries”} product for your project. We are so happy to provide graphic design, web programming and other related services {the “services”} for you/your company based upon the terms and conditions described below. The terms of this Engagement Agreement {the “agreement”} start on the date that you {the “client”} accept these terms by checking the I HAVE READ AND ACCEPT THESE TERMS box {“Acceptance box”} at the time your place your order and terminate when all services have been performed and the project fees have been paid in full.

STARTING YOUR PROJECT

In order for inkberries to start your project we require the following:

1. Approval of this agreement

2. All applicable FEES must be paid per the project estimate provided to you at the time you place your order

3. Approved site navigation

4. All site content needed such as: copywriting, images, concepts, etc.

Once you have provided inkberries with these four requirements, we are ready to get started.

BROWSER SUPPORT

Your site is configured for the modern web, and is programmed to work with the most recent two (2) versions of Google Chrome, Safari, Firefox and Internet Explorer. If you require additional support for other, or older, technologies, please let us know and we can prepare an estimate for you.

FEES

Inkberries will not begin any project until all applicable fees are paid in full. All fees are based upon a site setup fee plus a per-page fee. If you wish to add a page(s) after your site goes live, you will need to purchase an additional page at the current per-page price as determined by the plan you select and the time of your selection.

MONTHLY WEB FEES

Additional ongoing fees including but not limited to: web hosting, email hosting, social media and seo plans are paid in advance and must be setup for automatic payment using a credit card provided by the client. If you wish to terminate your hosting, your service will stop on the 1st of the subsequent month and must be requested in writing via email to hello@butterpages.com. Any request for termination must include a date on or after the 1st of the subsequent month.

WEBSITE HOURLY FEES

Each WEBSITE PAGE on the client’s site comes with ONE/HALF (½) HOUR of customization time which can be used by the client for the following services provided by inkberries: graphic design, image or copy editing, or programing. If the client requires more customization time, the hourly rate will be charged at $100/hr to be billed and paid before the website goes live. Should you require additional assistance once your site goes live, you may purchase additional support for $100/hr.

PHOTOGRAPHY AND FEES

Clients are responsible for providing inkberries with client owned images. Inkberries is not responsible or liable for images given to inkberries by the client. Inappropriate imagery or content will not be accepted by inkberries.
Masterfile has provided inkberries’ clients a 20% discount on any image purchase made on Masterfile to be used exclusively on inkberries or butter pages projects. These images are to be paid by the client directly to Masterfile. This transaction is exclusively between Masterfile and the client, wherein inkberries has no participation or liability.

APPROVAL

Once the client approves Final Files, the client waives any claims against inkberries and discharges inkberries from any responsibility for damages or costs resulting from or relating to any error or omission in the artwork. IT IS THE CLIENT’S RESPONSIBILITY TO  CHECK FINAL FILES CAREFULLY.

OWNERSHIP

Designs found on inkberries.com and butterpages.com which are not client owned designs, belong soley to inkberries. inkberries retains all ownership rights to ALL artwork files and creative material selected by the client until final balance has been paid in full. Any material including but not limited to: copy, music, videos, illustrations, artwork, images, etc that the client has provided to inkberries or has commissioned inkberries to provide for use in their project remains sole property of the client.

3RD PARTY VENDORS

inkberries may suggest and use 3rd party vendors for specific parts of your project most of whom we have worked with on previous projects. This includes, but is not limited to website services provided by getflywheel.com, email services provided by rackspace.com, IDX services provided by iHomefinder
and images provided by Masterfile.com SEE MASTERFILE TERMS. However, inkberries suggested vendors should not be deemed an endorsement of the quality of service that this vendor provides. The client waives any claims against inkberries and discharge it from any liability arising from the performance of these vendors, like dependability, consistency, errors, negligence, or subpar work. This section exists beyond the expiration or termination of this agreement.

MISHAPS

inkberries is not liable for any direct, indirect, incidental, special, consequential, or punitive damages in connection with this agreement or the services being provided, including, without limitation, business interruption, or loss of anticipated contracts, revenues, profits, howsoever arising whether directly or indirectly, from any breach, or negligence by inkberries or it having done or omitted to do anything, provided it acted in good faith and with reasonable care and without willful misconduct. The client agrees that to the extent it is determined that the client has been damaged as a result of inkberries’ failure to comply with this agreement in any way or because of the service provided, the damages will be limited to the amount of the project fee (exclusive of hosting fees). This section exists beyond the expiration or termination of this agreement.

DISPLAYING

The client gives inkberries the right to retain and use copies of any portion of the artwork files both during and beyond the engagement to showcase such work to prospective and existing clients as inkberries deems appropriate as well as in Butter Pages and/or inkberries’ portfolio online or otherwise. Inkberries reserves the right to place a discreet credit {Designed by/Developed by inkberries or Butter Pages} linking to www.inkberries.com and/or www.butterpages.com. This section exists beyond the expiration or termination of this agreement.

TERMINATION PROCESS

Termination by inkberries

If you fail to pay any portion of the Project fee when due, fail to abide by the terms of this agreement, or inkberries determines that it cannot reach an understanding with you regarding the direction and style of the artwork design, or programming, despite good faith efforts, inkberries may terminate this agreement for cause with notice to you.

TERMINATION BY CLIENT

If you need to cancel your project for whatever reason, you must do so in writing and pay any and all outstanding amounts. Outstanding amounts will be calculated based on the amount of work performed billed at the hourly rate of $100 plus any out-of-pocket expenses that cannot be refunded.

If no work has begun, and no set up fees have been incurred, the client has liberty to cancel the project with no cost to anyone.

 

THE LEGALITIES

Effect of waiver or consent: if either party fails to complain of any act done by the other or fails to declare the other in default of this agreement, regardless of how long that failure continues, this failure will not be deemed (i) a waiver of any rights or (ii) a consent to or waiver of any future breach other obligations.

Inkberries provides these services to you and no other third parties that you are involved with.

If, for whatever reason, either of us decide to change any part of this Agreement it has to be modified in writing and signed by both of us. The new terms will apply only to the modified area[s].

This agreement and the rights of the parties hereunder will be interpreted exclusively according to Florida law without giving effect to its conflicts of law principles. If any action at law or inequity is brought to enforce or interpret this agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees  [at trial and on appeal].

This agreement will not be read or interpreted against the party who wrote it because both parties had the opportunity to have it reviewed by their own lawyer prior to accepting it.