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By awarding or assigning a project or contract to me, you are hereby agreeing to these policies. These policies may be updated at any time without notice, so it will be your responsibility to come here often to see any changes. If you violate these policies, all work performed by me and any deliverables will be deleted immediately and legal action may be taken by me at my discretion.

Cancellation or Termination of Project or Contract

All work performed by me and any deliverables will immediately be deleted or destroyed. Failure to do so or any attempt to prevent me from doing so, will result in being billed for the full project amount. You will receive a refund according to the refund policy described below.

Slow or No Communication

Yes, this situation has become such a problem that I've had to make a policy for dealing with these types of situations. I make every effort to respond to updates or communications within 12 business hours. Sometimes it may take me up to 48 business hours but that's rare. I expect the same from you, my employer. I don't get paid unless I work, and if I'm sitting around waiting to hear from you, I'm not working. And that translates to not eating. So, if either party involved in the contract becomes unreasonably slow or completely unresponsive in terms of communication, then the other party shall terminate the contract. Even though lack of communication will be the cause for termination, written notice must still be sent to the other parties involved, even if there is high probability that the receiving parties wont receive the message. In this event, if the employer terminates the contract, they shall be entitled to a refund according to the policy below. If I am the one terminating the contract due to lack of communication, then the employer will not be entitled to a refund and will be billed for the full amount negotiated for flat-rate projects, or for the full number of hours worked, for hourly rate projects.

Link To My Site

For websites: I will automatically place an invisible link to my site that will appear on all pages which are affected by my work. The link will not be viewable by the public, nor will it affect the design or layout of the pages affected by my work. Although the link will not be viewable by human visitors to your site, it will be viewable to search engines and other "bots". Therefore, the purpose of the link is for search engines and other bots to find it and make their way to my site. If someone else (including yourself) works on your site after I am finished with my work and they (or you) remove, alter, or otherwise obscure the link, you will be in violation of these policies.

For software which displays output not displayed in a web browser: I will place a link to my site on any screens, windows, or other forms of output affected by my work. Every effort will be made to keep the link unobtrusive and out of the way of the main portions of the screens, windows, or other forms of output. If the link is ever removed, altered, or otherwise obscured, you will be in violation of these policies.

Refunds

You will be entitled to a refund of negotiated fee(s) if you cancel or terminate the contract before completion of the project or if you are not 100% satisfied with the deliverables after the end of the project, pursuant to the following:

For Flat-Rate Projects: I will retain 25% of the negotiated fee for work already performed.

For Hourly Projects: I will retain a minimum of 8 hours payment for work already completed. Any remainder shall be refunded to you.

In the event you request a refund under this policy, all work performed by me shall be deleted or destroyed. Any attempt to prevent the destruction of work performed by me shall be considered a violation of these policies and you will be billed for the full negotiated amount or full number of hours worked. All requests for a refund must be made within 30 days of the end of the project or within 30 days of cancellation or termination of the project.

Website/Software Security, Warranties and Limitation of Liability

There is no such thing as a completely secure website or software. Although I will vigilantly follow the latest practices for writing secure code, I make no claims or representations concerning the security of the website(s) or software. The previous statement is especially true for code I didn't write (in cases of using open-source code). All website(s) or software, in whole or in part, is provided AS IS, without warranty of any kind, including, but not limited to, the implied warranties of merchantability, and fitness for a particular purpose. The entire risk as to the quality or performance of the website(s) or software is with you. Should the website(s) or software prove defective, you assume the cost of all necessary servicing, repair or correction. In no event, unless required by applicable law or agreed to in writting, will I be liable for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the website(s) or software, including, but not limited to, the loss of data or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the website(s) or software to operate with any other website(s) or software, even if I have been advised of the possibility of such damages.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the website(s) or software

Inability or Unwillingness to Finish a Project

I, personally, will not bid on a contract if I feel I will be unable to finish the project. But I have had several clients start a project and then, about midway through, they want to place it on hold for an unforeseeable period of time. This is unacceptable and I will terminate our agreement in this event. In such an event, you may retain all deliverables I have turned in, but you will not receive a refund according to the refund policy above. I will retain 50% of the negotiated fee for flat-rate contracts. For hourly-rate contracts, you will be billed for the total number of hours worked up to the request to place the project on hold. The client may return at a later date to request a quote for finishing the project. In said event, we shall negotiate new terms and a new rate for finishing the project as if it were a completely new project.

Last Updated on Tuesday, 13 January 2009 15:16