Prepared for

Liquor Vault

Prepared by

Tension Design LLC

Date

July 14, 2021

S.O.W. Id

AZLV-0020

Revision number

0.0

Proprietary and Confidential: This document may contain confidential and/or privileged information. Use of material contained in this document without the written permission of Tension Design is prohibited. 

This scope of work / contract is valid for 30 days.

01. Summary

We’ll always do our best to meet your expectations, but it’s important we agree upon certain elements in writing, such as who will do what and when, and what will happen if something goes wrong during our partnership. You,
Liquor Vault
 (“Client”), are hiring us, Tension Design LLC, located at 3820 W. Happy Valley Rd. Ste. 141, Glendale, Arizona 85310, to perform services outlined in this Statement of Work (“SOW”). This agreement supersedes all prior oral or written descriptions.

02. Agreement between both parties

Client: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You will make every reasonable effort to provide necessary website assets (content, photos) and meet mutually agreed upon deadlines (reviewing our work, providing feedback and approvals).
Tension Design: We have the experience and ability to do everything we’ve agreed upon, and we’ll do everything in a professional and timely manner. We will meet every deadline that’s set, and we'll maintain the confidentiality of everything you give us.

03. Early cancellation or termination

With a 30-day notice, either party can terminate this contract. In the event of the premature termination by Client, Client agrees to pay Tension Design for all work begun as well as for development resources committed in good faith to the completion of the project. Additionally, Tension Design reserves the right to keep 100% of any prior deposits.

04. Dormant projects

Any project that lies dormant with no communication from Client for 60 days will be archived and result in a $500 fee to restart. Any project that is dormant with no communication from Client for 90 days will result in a $1,000 restart fee. Any project that is dormant for 120 days will be considered canceled and non-refundable.

05. Fees

Guaranteed payment of deposit is required upon signing this SOW. If Client does not meet fee deadlines, Tension Design reserves the right to charge 5% interest on payments past due, and/or delay part(s) of the project until payments due have been received in full and are cleared
Payment to Tension Design as part of this SOW does not include: website hosting, email, domains, security certificates, font licensing, photography, or software licensing fees which can vary from a one-time purchase to a monthly subscription system.

06. Usage & licensing

Work will not be licensed for use, published to any publicly viewable server, or made available to Client in any usable format until payments due have been received in full and are cleared. Upon Tension Design’s receipt of final payment, Client is granted exclusive ownership of the completed work.

07. Additional services

Prior to commencing any work or additional services that are beyond the scope of this agreement, Tension Design will submit an estimate to the Client, all parties will review and discuss the estimate, and Client’s written permission will be required before proceeding.

08. Change orders

We understand that any web project can evolve. New information or decisions may render previous decisions or assumptions obsolete, and some revisions to the plan may be necessary. Any additional activities required by Tension Design that qualify as Change Orders will be billed at $150/hr. Change Orders include:
  • Client reverses previous approvals and wishes to overhaul website style, design, and code.
  • Client requires new page templates(s) or new website section(s).
  • Client introduces new functionality requirements (e-commerce, secure logins, etc.)

09. Client responsibilities

Tension Design relies on Client to meet its project goals. Expectations of Client include the following:
  • Provide timely access to your staff, including project managers and decision makers
  • Send accurate data and content assets, in electronic format(s), to Tension Design
  • Finalize web copy and send to Tension Design; proofreading services are not included
  • Test web pages and functionality according to project; provide written feedback

10. Project timeline & delivery

The estimated project timeline is based upon the date of signature in this SOW. Any material changes in project requirements by the Client, or delays in the timely delivery of Client deliverables, feedback, or approvals may result in changes to the estimated project timeline.

11. Portfolio use

Tension Design reserves the right to make use of this work, including, but not limited too, project case studies and screen captures in our online portfolio, offline collateral, and email newsletters.

12. Compatibility

Different screens and browsers render websites differently, and minor cosmetic variances between them are normal. Tension Design builds digital products to work with modern browsers and devices, including the latest mobile and desktop versions of Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge. ADA / 508 / Accessibility Compliance: Tension Design adheres to these ADA specifications: color, contrast, visibility, font sizes, click descriptions, alt tags, and touch points.

13. Liability

Tension Design will not be held liable for:
  • Unauthorized changes to the scope, design, or function of the proposed work by any other party after delivery of SOW services.
  • Changes at any point to code, functionality, or security of third-party applications which Client requires to be integrated into their website (this includes online platforms such as Facebook, Hubspot, InfusionSoft, Marketo, Mailchimp, Pardot, SalesForce, YouTube, Zapier, etc.).
  • Website launch delays of less than 48 hours. Due to factors outside of our control — including DNS propagation by website registrars (GoDaddy, BlueHost, IONOS, Namecheap, Network Solutions, etc.) and caching by Internet Service Providers around the world — it can take up to 48 hours, once Tension Design initiates the process of launching your new website, for it to appear live for everyone, in every browser, on every device.
Client will have 30 days from site launch to report any website bugs or abnormalities. Client shall not be charged for services performed by Tension Design resulting from technical or mechanical failures, neglect, or misconduct by Tension Design.

14. Indemnification

Client agrees to indemnify and hold harmless Tension Design for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees, unless caused by Tension Design’s gross negligence.

15. Copyright

Tension Design guarantees, to the best of its integrity, knowledge, and belief, that the work it creates will not violate the copyright of any other party. Should judgment arise after project completion, Tension Design will not be liable for similarities to other work. Client guarantees that (a) you own all rights, title, and interest in, or otherwise have full rights and authority to permit the use of any content provided by you for incorporation into our work product, (b) to the best of your knowledge, your content does not infringe the rights of any third party, and use of your content (as well as any trademarks) in connection with this project does not and will not violate the rights of any third parties, and (c) you will comply with the terms and conditions of any licensing agreements which govern the use of third party materials incorporated into our work product (with your consent). Client agrees to be responsible for and hold Tension Design harmless with this understanding.

16. Force Majeure

Tension Design is not in breach of this agreement if it is unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of any member of the Tension Design team or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Tension Design’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Tension Design will give notice to you of our inability to perform or delay our completion of services and will propose revisions to the schedule for completion of the services, or a refund of undistributed funds unallocated for design and development hours on the project.

17. Acceptance

Tension Design is not in breach of this agreement if it is unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of any member of the Tension Design team or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Tension Design’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Tension Design will give notice to you of our inability to perform or delay our completion of services and will propose revisions to the schedule for completion of the services, or a refund of undistributed funds unallocated for design and development hours on the project.
Liquor Vault
and Tension Design LLC have caused this Statement of Work to be executed by their duly authorized representatives. All terms and conditions of the Agreement, unless specifically amended herein, shall remain in full effect.
Website total cost:
$4,000.00

18. Payment Schedule

Payment One
$2,000.00
Due on
July 30, 2021
Payment Two
$1,000.00
Due on
August 20, 2021
Payment Three
$1,000.00
Due on
August 31, 2021

19. In Witness Whereof;

Liquor Vault

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Tension Design LLC

Name of Authorized Signatory:
Eric
Email address:
eric@tensiondesign.com
Date:
July 14, 2021
We will email you a PDF of this document. Thank you.