TER
Working Together
01. Project Management
Projects will be managed using Asana, this allows you to:
  • View project and task progress, along with visual timelines.
  • Ensure full team visibility into who’s doing what and when.
  • Critique our work together.
  • Reply to project feedback and start conversations from your normal email client.
  • Attach files (from your computer, Google Drive, Box, OneDrive, Dropbox).
02. Project Lead/Decision Making
Creating a harmonious working relationship is vital for our shared success. We understand you’re likely to have multiple decision makers, shareholders and opinions. We’ll be happy to communicate with all of these parties in a group during scheduled meetings or through Asana project management tools. To reduce the risk of your project going off course, you’ll need to appoint a final decision maker/project lead that can act as a single point of contact, speaking ‘for your company’. You agree to notify Copious immediately upon discovery of any conditions that may impact the successful completion of our project together.
With that said, a change order1 will be required under the following circumstances:
  • Your feedback takes more than 5 business days, without prenotification. Keeping focused on agreed timeframes is critical your project success.
  • Your appointed project lead changes and a retraining period is needed.
03. Meetings
Consistent communication helps build trust and ensures your project moves forward as intended. We’ve found weekly scheduled meetings work best to keep aligned on what’s been done, what’s next and staying focused on outcomes. Of course, we’re open to bi-weekly should that be your preference.
When in person meetings are not possible, virtual meetings are handled using Zoom (we’re flexible if you prefer a different tool like GoToMeeting for example) which allows voice communication, screen sharing and video.
04. Availability
At Copious we work standard business hours Monday - Friday 9:00am - 5:00pm PST.
See how our time zone lines up with yours. Like you, we enjoy spending time with friends and family, taking standard American holidays, specifically Thanksgiving, Christmas (2 week period), New Year’s, MLK Day, Memorial Day, the Fourth of July, and Labor Day. During working hours, we strive to respond to emails within 1 business day.
05. Design
Design files will be available for your review using a collaborative tool called InVision. You’ll be able to click anywhere on the design and provide feedback. Simple and effective.
Unless otherwise stated and agreed upon,all completed work will be designed to work at all screen resolutions and common mobile devices.
Copious assumes quality assurance [bug fixes,design consistency,browser testing] responsibility of final build of website whenever we develop them for you. In the event we ONLY provide design, we’ll provide a one-time design QA to ensure our design has be implemented correctly. A separate agreement can be created to provide you with exact design QA testing.
06. Changes and Revisions
During the initial project phase (Blueprint), we’ll dig deep into your brand objectives, design preferences and intended audience. Using our expertise, we’ll then create design concepts that help achieve your desired outcomes within the length of time and price you’ve been quoted.
We don’t want to limit your ability to change your mind, so you’ll have up to 2 rounds of design feedback/changes available per page through inVISION.
With that said, a change order will be required under the following circumstances:
  • You need the flexibility to continue past 2 rounds of feedback/changes.
  • You request additional features or functionality not included in the original project scope.
07. Third Party Scripts
In order to better understand your analytics and visitors, we’ll ask for access to your Google Tag Manager (GTM) and Google Analytics account. This will allow installation of tools like Hotjar, Google Analytics improvements and a/b split testing tools. If you don’t have (GTM), we can work with your team to install the container script.
Exclusions
At Copious, we focus on creating a good (CX) Customer Experience centered around intuitive interaction design and converting visitors into revenue. So let’s get a few things out of the way we don’t do (unless explicitly included as part of your project deliverables.)
08. Technical Support
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. If you don’t currently have hosting, we can set up an account for you at one of our preferred hosting providers. Then, the updates to, and management of that infrastructure will be up to you.
09. Text Content
Unless specified within your proposal we’re not responsible for inputting text into your content management system or creating text for every page on your website beyond initial data migration (if applicable).
10. Graphics, Photographs and Video
Our goal is make your customer experience great, so please reach out if you need help sourcing any assets for your website or web products.
If you have existing branding materials (icons, photos, logo,etc;), we can make small edits to fit within a product we are designing, or for CRO campaigns we’re optimizing.
We don’t offer any support for print or trade shows, we can point you in the right direction however.
You assume all legal responsibility of any graphic, icon, photo, or branding element you provide Copious. In the event you’ll need us to purchase any photo, graphic, or icon on your behalf, we’ll invoice you for the media purchase amount.
11. [SEO] Search Engine Optimization
We keep SEO best practices in the forefront when delivering your project, including information architecture, accessibility and crawlability. We’re not responsible for changes in your website’s ranking position in any search engine (ex. Google, Bing).
12. Paid Ads management [Ex. Google AdWords, Facebook Ads]
Making suggestions and/or executing design and copy changes is possible, within monthly CRO service retainers. Creating and managing paid ads is not part of our core service offerings, unless otherwise specified within your project deliverables.
13. Social Media Marketing
Making strategic and tactical recommendations is possible depending upon your project goals and scope. We don’t do ongoing social media marketing.
14. Copywriting
In general, we’re able to make text changes to existing marketing collateral, email templates and website areas. We don’t do copywriting, but are happy to refer.
15. Logo Design
We are able to create and/or refine your existing logo or icons to fit into your web product.
16. Email Management
Creating and managing transactional / lifecycle email campaigns is possible within monthly CRO service retainers.
The Fine Print
17. Acceptance of Terms
Any work that we do for you is governed by the terms and conditions that you’re reading now. If you don’t agree to these terms, we can’t provide you with any services. This agreement is a binding contract between you and Copious.
18. Taxes
Unless specified within your proposal we’re not responsible for inputting text into your content management system or creating text for every page on your website beyond initial data migration (if applicable).
19. No Guarantee of Results
Copious is fully committed towards your project success. We provide information as-is; it's up to you to act on it. Your organization needs to be structured such that it can accept design and use it meaningfully. Additionally, we make no guarantee about the number of leads, sales, conversions, click-throughs, impressions, or any return on investment resulting from our work with you.
20. Content Ownership
Any changes to your website that we make for you are owned by you forever. Such changes will take the form of HTML and CSS markup. Except to the extent that we use code that we’ve developed for use with other clients, we assign all right, title, and interest, in such changes to you. To the extent that any of the code we’ve previously developed is incorporated into the changes we make on your site, we grant you a non-exclusive license to use that code as we’ve incorporated it into your site (but we grant no other rights). Note that nothing in this paragraph grants you any rights to our own website or the content on it.
21. Website Speed
Copious will use best efforts and utilize best practices to optimize site performance so that page load times are better or equal to the current site speeds. You acknowledge that site performance may be dependent on factors outside of Copious' control.
22. Limitation on Liability
OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE, ANY CODE THAT WE INSTALL ON YOUR SITE, ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO COPIOUS BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. Indemnification
You agree to indemnify, defend, and hold Copious, its owners, directors, officers, employees, contractors, agents, and affiliates harmless against any third-party claims of copyright, trademark, trade secret, or other intellectual property infringement brought against Copious for using any of the materials that you provide to us to perform services for You or otherwise resulting from any breach by You of this agreement. In other words, if someone sues us for working with material that you’ve provided to us, you agree to pay our legal fees and any losses or liabilities that we might suffer as a result.
24. Publicity
Referrals are how we're able to get work in the future, and we love showing off any major victories.
You grant us the right to mention the following on our website, and in our marketing and advertising collateral: your company’s name; the work that we did for you, described generally; and the relative impact that our work had on your business (e.g., X% increase in sales allowed company Y to hire new employees). You also grant us the right to link to your website.
Referrals are how we're able to get work in the future, and we love showing off any major victories. The rights granted to us are non-exclusive and irrevocable. We additionally retain the right to acknowledge our authorship of work done for you in an advertising and marketing context. Changes to these rights should be agreed upon in writing before you make your first payment.
25. Independent Contractor
Copious is an independent contractor to you/your organization. By entering this contract, we don’t intend to create a joint venture or partnership, or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.
26. Not Exclusive
We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
27. Representations and Warranties
We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, WE, COPIOUS, MAKE NO WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. EXCEPT AS MAY BE EXPRESSLY PROVIDED, OUR SERVICES AND ANY MATERIALS DELIVERED TO YOU ARE PROVIDED “AS IS.”
28. Assignment
In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.
29. Waiver
In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.
30. Modification
This agreement can only be modified by a writing signed by both of us.
31. Severability
If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.
32. No Third Parties
This contract is only intended to benefit you, the client, and Copious, not any third party.
33. Force Majeure
We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
34. Governing Law/Forum Selection
Oregon law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Portland, Oregon and not anywhere else. You submit to the personal jurisdiction and venue of those courts.
35. Headings
Headings for each paragraph are provided for convenience only. They won’t be given legal effect in interpreting or limiting the scope of the agreement.
36. Headings
Your project will launch with all critical and major bugs fixed. Critical and major bugs are defined as items where the website is inaccessible or customers are unable to checkout or login. Copious will warranty your website for fifteen (15) days post-launch for all critical and major bugs not related to infrastructure, hosting and/or third-party extensions/modules. Your website public launch is not dependant on a minor bug free environment. Minor bugs can be addressed post launch as part of a separate support agreement.
1: A change order is an additional service agreement to perform additional work not part of the original project scope.