Addendum 1: Terms Of Service For WordPress Website Design and Development
Subject to the terms and conditions of the Agreement, AllyOne will design and develop a website for Client subject to the following terms:
A1.1. SCOPE OF WORK AND COLLABORATION
The scope of work for the Design and Development of the Clients website is as described on the Proposal, and subject to the General Terms Of Service.
The process of creating a strategy, designing, and developing a website requires and is dependent upon Client’s collaboration as outlined on section 6 of the General Terms Of Service. Client agrees to inform AllyOne, in a timely fashion, if Client is unable or unwilling to perform these duties.
A1.2. WEBSITE DESIGN
AllyOne will produce up to three (3) look-and-feel concept designs (“Mockups”) based on the information obtained from client, conversations, notes, and AllyOne recommendations on best practices for website design.
Once Client has approved a Mockup, we may revise the approved mockup up to three (3) times.
Since the nature of modern adaptive designs and flexible layouts is that they adapt to the capabilities of many devices and screen sizes, AllyOne only creates a mockup for the home page, and only other major significant pages on a website, as seen on a typical desktop or laptop computer display.
A1.3. WEBSITE CONTENT
Client must provide per section 7 of the General Terms Of Service, Content in a form suitable for reproduction or incorporation into the website without further preparation, unless otherwise expressly provided in the Proposal. AllyOne will provide commercially reasonable assistance for Client to fulfill this obligation.
A1.3.1 COPYWRITING. AllyOne is not responsible for writing any text copy for Client's website. AllyOne will migrate content as provided, and may, at AllyOne's sole discretion, edit the content for readability, layout, or other improvements.
A1.3.2 PHOTOGRAPHS. Client will supply photographs in an editable digital format. Photographs should be of a large enough in size and resolution for proper reproduction on the web at the time of the last revision of this document (1440 pixels in it's smallest dimension). As part of the Service, Client may opt to use stock photography from AllyOne’s licensed collection. The use of stock photography is limited to a number equivalent to one photo per page on the website.
A1.3.3 OTHER IMAGES. Client will supply images that are not photographic in nature as an editable vector or raster image. For vector images, the preferred format is Adobe Illustrator (.AI) version CS4. For raster or layered images, the preferred format is Adobe Photoshop (.PSD) version CS4.
A1.4. WEBSITE DEVELOPMENT
A1.4.1. WORDPRESS. AllyOne will develop Client's website using the latest version of WordPress, and open source Content Management System (“CMS”), released under GPL license.
A1.4.2. FRAMEWORK. AllyOne will develop Client's website using the AllyOne Framework in a Parent/Child configuration, a method that allows for the customization of a Theme in a way that ensures forward-compatibility. AllyOne uses its developer license to create this website. This customized Child theme will be licensed exclusively to Client. Should client ever cancel the Service, Client will need their own license from our vendor to obtain any service or support.
A1.5. COMPATIBILITY AND TESTING
A1.5.1 Browser testing no longer means attempting to make a website 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. For that reason, AllyOne tests your website in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla (Firefox), and mobile browsers iOS (Safari and Google Chrome), Android (Google Chrome and Firefox).
A1.5.2 AllyOne does not support nor guarantee compatibility with outdated nor abandoned browsers. These include, but are not limited to: Microsoft Internet Explorer 5, 5.5, 6 or 7 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox, Google Chrome or Opera and browsers for Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you require functionality specific to these older browsers, there will be a surcharge due to the cost and time required to develop for these older browsers.
Client may request that AllyOne develop enhancements to the Deliverable, and AllyOne shall exercise commercially reasonable efforts to prioritize AllyOne’s resources to create such enhancements. The parties understand that preexisting obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis at AllyOne’s price for such services then in effect.
Subject to the representations and warranties of Client in connection with Client Content, AllyOne represents and warrants that the Final Deliverable will be free from Deficiencies. For the purposes of this Agreement, “Deficiency” shall mean a failure to comply with the specifications set forth in the Proposal in any material respect, but shall not include any problems caused by Client Content, modifications, alterations or changes made to Final Deliverables by Client or any third party after delivery by AllyOne, or the interaction of Final Deliverables with third party applications such as Web browsers other than those specified in the Proposal. The parties acknowledge that Client’s sole remedy and AllyOne’s sole liability for a breach of this Section is the obligation of AllyOne to correct any Deficiency identified within the Warranty Period. In the event that a Deficiency is caused by Third Party Materials provided or specified by AllyOne, AllyOnes sole obligation shall be to substitute alternative Third Party Materials.
A1.8. AllyOne TOOLS
Subject to the representations and warranties of the Client in connection with the materials supplied by Client, AllyOne represents and warrants that, to the best of AllyOne’s knowledge, the AllyOne Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by Client or third parties.
A1.9. COMPLIANCE WITH LAWS
AllyOne shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the known relevant rules and regulations. Client, upon acceptance of the Deliverables, shall be responsible for conformance with all laws relating to the transfer of software and technology.
(Last Updated August 2016)
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