Work Agreement

1. Project Estimates are in Australian Dollars and valid for a period of 30 days from date of issue.

2. Project Estimates are provided in good faith on the information provided.

3. Australian Goods and Services Tax (GST) of 10% is required to be charged and is added to the Project Estimate for services provided to Australian businesses only.

4. If a Functional Specification or Information Architecture document is required, this will be noted in the Project Estimate and the final Project Cost will be estimated and set on completion of this document, otherwise the Project Cost is that provided.

5. The Project Estimate in no way constitutes an agreement by Sasha Merzliakov to complete the Project, it is a cost estimate only until Sasha Merzliakov accepts and schedules the Project.

6. By replying in acceptance of the Project Estimate you agree that you are responsible for the Project specified and will be legally obligated to make full payment for it.

7. Commencement of the work specified is subject to written acceptance of the Project Estimate and proposed Project Timeline provided by Sasha Merzliakov, and a signed Functional Specification or Information Architecture document if required.

8. On acceptance of the Project Estimate and proposed Project Timeline an invoice will be issued prior to beginning work and every two (2) weeks proceeding irrespective of the actual Project Timeline.

9. The amount invoiced will be equal to the Project Cost divided by the number of invoice dates.

10. Invoice dates are determined by the length of the Project Timeline in weeks divided by two (2), fortnightly.

11. Payment terms are strictly 14 days.

12. Payments are required to be paid via Electronic Funds Transfer (EFT), in Australian Dollars (AUD), to the Australian Bank account listed in the invoice received.

13. Payments not settled within 14 days will incur an interest charge of 15% p.a. billed fortnightly.

14. Failure to meet payment obligations will result in the Project being suspended until such time as payments are made and it can be re-scheduled.

15. Any delay in the supplying of copy or other deliverables will result in a reassessment of the Project Cost and the Project Timeline.

16. Modification to the information provided to determine the Project Cost or the Functional Specification or Information Architecture document will result in a reassessment of the Project Cost and the Project Timeline.

17. The Project Estimate is for no more than three (3) rounds of reviews, as described in the Review Process below, or unless otherwise outlined in the Project Estimate.

18. Licensing of 3rd party software or services is not included in the Project Estimate nor the fees involved in, but not limited to licensing fonts, images, sounds, music or video, unless otherwise specifically detailed in the Project Estimate.

19. Sasha Merzliakov reserves the right to publicly display the work for ongoing business development and marketing purposes.

20. Intellectual Property rights, source code and work-files remain the property of Sasha Merzliakov unless specifically outlined in the Project Estimate.

Review Process

1. The Project Estimate includes three (3) rounds of review with additional reviews and change requests charged at an hourly rate.

2. Additional reviews and change requests are billed at a minimum of one (1) hour.

3. A Project Timeline is provided and includes proposed dates and times when the proposed Project would be expected to be delivered, reviewed and feedback returned.

4. Any required modification of these dates or process should be discussed with Sasha Merzliakov prior to Project Estimate approval.

5. Any delay in review and providing feedback through-out this period will delay the final deliverable date and require resource re-scheduling.

6. Review and feedback items which extend beyond the Project Timeline as a result of delays in review will require rescheduling.

7. Re-scheduling is generally expected within two (2) weeks of the end of the provided Project Timeline however is dependent on the availability of resources.

8. Sasha Merzliakov works to ensure all requirements are met and issues resolved before providing for review, however final review and sign-off is the responsibility of the client.

Warranty

1. On acceptance Sasha Merzliakov will be responsible for the delivery of requirements in the Project Estimate.

2. Sasha Merzliakov provides a warranty on workmanship that the work completed meets the requirements in the Project Estimate, Functional Specification or Information Architecture document and is built to a high professional standard.

3. Warranty is limited to a period of 90 days from date of project sign-off.

4. If supplements, updates or replacement source code are provided during this time, they will be covered for the remainder of the warranty or an additional 30 days, whichever is longer.

5. If any part of the Project is in any way modified without the agreement and oversight of Sasha Merzliakov this warranty will be void.

6. As part of this warranty, Sasha Merzliakov will work to remedy any fault in workmanship as soon as possible, assigning at least one resource until resolution based on level of severity.

7. For faults of a ‘high severity’, that is, where it restricts essential project functions, these will be attended to, but not necessarily resolved, on the same business day.

8. For faults of a ‘low severity’, that is, where there is an issue but it does not restrict essential project functionality, these will be attended to, but not necessarily resolved, within five (5) business days.

9. Reasonable steps will be taken to resolve any faults in workmanship or deliver a reasonable compromise to rectify the fault, however this is not guaranteed.

Liability

1. Sasha Merzliakov is not responsible for any fault in the Project to the extent that the fault results from the web-hosting or maintenance of the Project by another party other than Sasha Merzliakov.

2. Sasha Merzliakov shall not be liable for any economic, indirect or consequential loss or damage, nor for any other costs, claims, loss or damage of any kind.