1. The Agreement
These terms, together with your Proposal or Scope of Work (SOW), form the entire agreement. The SOW defines what we build. These terms define how we work.
If there is a conflict, the SOW controls deliverables. These terms control process, payment, and liability.
2. Payment & Schedules
We schedule work only when the deposit clears. This keeps the queue stable and protects delivery.
- Standard Split: 50 percent deposit to book, 50 percent before launch or handoff.
- Large Builds: 33 percent deposit, 33 percent on staging structure approval, 33 percent before launch or handoff.
- Late Payments: Work pauses if a milestone payment is overdue by 7 days.
- Refunds: If a refund is approved in writing, it is processed within 10 business days.
Accepted methods: Wise, bank transfer, or Stripe. Processing fees are billed at cost if they apply.
3. Scope Lock & Change Control
Scope lock prevents budget blowouts. We define exactly what will be built in the SOW. Once the deposit is paid, that scope is locked.
- Changes: Any request outside the SOW requires a written Change Order with a new price and timeline.
- Approval: No work begins on changes until the Change Order is approved in writing.
- Guidelines: Numeric limits are guidelines for fixed pricing; small deviations are normal; material complexity changes are quoted before work begins.
4. Delivery & Acceptance
We deliver a staging link for your review. This is your chance to verify the build against the SOW.
- Review Window: You have 7 business days to review the staging build.
- Auto-Acceptance: Auto-accept keeps the schedule intact. If we do not hear from you within 7 business days, the work is deemed accepted.
- Launch: We launch only after written approval and final payment.
5. Revisions
Consolidated revisions keep the schedule stable. Each package includes one structured revision round.
- One Batch: Please submit all feedback in one consolidated list or document.
- In-Scope Only: Revisions cover tweaks to the agreed scope (e.g., "change this font," "swap this photo"). New features are Change Orders.
- Expiration: The revision window expires 30 days after the staging link is delivered.
6. Warranty
We stand by our code. You get a 14 day warranty period starting from launch or acceptance, whichever comes first.
- Coverage: We fix any defects or bugs we introduced at no cost.
- Exclusions: We do not cover issues caused by third-party plugin updates, hosting failures, or changes made by you or other developers after handoff.
7. Client Responsibilities
Async keeps budget on execution, not meetings. To keep moving fast:
- Inputs: You must provide all copy, assets, and credentials before the build phase starts.
- Hosting: You must provide a hosting environment that meets minimum requirements (PHP version, memory). If your host is inadequate, work pauses until resolved.
- Pauses: If a project is paused for 30 days or more, a $250 restart fee applies. The restart fee reflects context reload in an assembly line workflow.
8. Ownership & IP
You are not renting your website. You own it.
- Transfer: Upon final payment and launch or acceptance, full ownership of the site, code, and design transfers to you.
- Reuse: We retain the right to reuse generic code snippets, libraries, and design patterns.
- Third-Party: Plugins and themes remain under their respective licenses.
- Portfolio: We may display the work in our portfolio unless a strict NDA is signed.
9. Attribution
We place a small, discreet credit in the footer ("Built by FunkPd").
- Removal: If you wish to remove this credit and have no backlink, a $250 fee applies. This covers the marketing value we lose.
10. Legal
- Force Majeure: We are not liable for delays caused by events outside our control (acts of God, war, major internet outages).
- Severability: If one part of this agreement is invalid, the rest remains in force.
- Governing Law: This agreement is governed by the laws of Manitoba, Canada.
- Dispute Resolution: We agree to negotiate in good faith, then mediate, before pursuing arbitration or litigation.
