Terms

• Unless mutually accepted within 30 days, this contract expires in 30 days.
• Receipt of deposit signifies mutual acceptance to the selected items as described and all terms herein. Deposit is 50% of the total guesstimates of selected items for the project, unless otherwise agreed.
• Remaining balance of actual time spent is due upon release of the completed ZIP package to client. Positive balances will be held for subsequent projects unless otherwise requested.
• Due to project concurrency, the guesstimated time to completion is 4 times the total guesstimated hours of selected items factored to 8 hour business working days. Project completion time, similar to cost guesstimate, is a guesstimate only.
• beAutomated is only responsible to produce as per the descriptions herein or as per mutually accepted Change Order agreements that may contain cost adjustments. Client shall not expect production for anything that is thought to have been verbally agreed to or otherwise missing from these approved documents.
• Everything beAutomated does is on a charge per hour basis. Guesstimates are our best guess based on the original information provided and will most likely not reflect the final cost. The final cost will be based on actual time spent on the job, irrespective of the original guesstimate. Time could be affected by circumstances including, but not limited to, requested changes/additions, software compatibility issues, having to build what was thought to have been pre-programmed, unanticipated complications or difficulties.
• Final price includes pre-release testing and bug fixes up to 30 days from the release date. Bug status is to be determined by beAutomated. beAutomated does not warranty any third party code; only our code is warranted. Bugs can generally be thought of as defects in existing code leading to unexpected behavior. Missing code or otherwise changes to existing code are features instead of bugs, and get pushed to a future project. If we are to perform warranty work and in that process we find the problem to be non-bug-related, the time spent investigating or applying updates is billable. Warranty work is performed only after the project is paid in full, although the warranty period countdown begins upon release of the software to our client.
• Unless otherwise agreed, beAutomated verifies compatibility with the following browsers to the exclusion of others: Apple Safari (current), Firefox (current), Google Chrome (current), and Internet Explorer (current). Current means at the time the project is released.
• Unless otherwise agreed, beAutomated will test any front end output in the default WordPress theme: TwentyEleven.
• Unless otherwise agreed, beAutomated will warranty only in the current version of WordPress at the time the project begins. Software updates can occasionally break plugins. Any fixes resulting from environment changes are billable.
• Client agrees to limit all liability to beAutomated staff labor only, not to exceed the amount of paid time spent on the project. This includes, but is not limited to, responsibility for potential damage to systems, software, data, security, and reputation. Client is fully responsible for maintaining adequate backups of their website files and data.
• There is some legal grey area, but WordPress feels that plugins and themes are derivative works that inherit the GPL license. beAutomated will not distribute our Client’s work unless otherwise stated. Because this work, as with all WordPress plugins, utilizes WordPress API capabilities, Client accepts the GPL license if required to do so. http://wordpress.org/about/license/
• Any dispute or difference arising out of or in connection with this contract shall be determined via telephone or video conference by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by an officer of American Arbitration Association. This agreement shall be interpreted under the Federal Arbitration Act.