- RiotLabs rates are dictated by the Contract documents and will specify if the Project is based on a Fixed Rate or a Time & Material basis.
- Time & Material Projects that have remaining hours must be used as a credit for future work. RiotLabs does not issue refunds for any unused hours.
- Payment is required prior to Project kickoff as well as other triggered milestones specified in the contract.
- Termination for Default. Either party will have the right to terminate this Agreement for material breach of a material obligation that is not cured within thirty (30) days after written notice of such breach. For purposes of this Agreement, any act or failure to act by any third party contractor of RiotLabs or any employee of RiotLabs or such third party contractor shall be deemed an act or failure to act by RiotLabs.
- Termination for Abandonment. RiotLabs shall have the right but not the obligation to terminate this Agreement immediately if Client fails to timely respond to multiple requests by RiotLabs for required feedback or approvals, or to otherwise adhere to deadlines as outlined in the timeline submitted by RiotLabs after the Project Kickoff despite multiple requests by RiotLabs.
- Effect of Termination. Upon termination, in whole or in part, of this Agreement, RiotLabs will, upon Client’s execution of RiotLabs’ Website Acceptance and Release Agreement and completion of final settlement of Client’s billing account, deliver to Client all Client data, intellectual property, materials and other elements of the project necessary for Client or a competent provider selected by Client to continue the project.
- Final settlement of Client’s billing account shall be defined as one of the following: (i) If upon termination additional payment by Client is required to cover the hourly cost of the performance of services by RiotLabs, then RiotLabs shall invoice Client for such billable services and, upon receipt of payment in full of all unpaid invoices for services rendered prior to termination date RiotLabs shall mark Client’s billing account as settled in full; or (ii) If upon termination payment that has already been made by Client to RiotLabs exceeds the cost of the hours performed by RiotLabs to provide services to Client prior to termination date, then RiotLabs will refund to Client the difference between the amount of all payment(s) received and the total cost of such hourly services performed, at which point Client’s billing account shall be marked as settled in full.
- In addition, RiotLabs will upon request provide Client with reasonable assistance in transitioning in-house or to an alternate provider of services on a billable time and materials basis.
- Regarding CREDIT CARD PAYMENTS:
- ALL CLIENTS acknowledge that RiotLabs accepts payments by credit card as a courtesy to you, and by paying your invoices you hereby unconditionally agree with the following terms:
- In the event that you attempt to dispute or charge-back any payment(s) made with a credit card, you will damage RiotLabs in amounts that will be difficult to prove and quantify. Accordingly, you agree that, in the event that you do attempt to dispute or charge-back ANY credit card transaction, even if such attempt is not upheld by the credit card company and no portion of your payment is returned to you as a result of your dispute, you will regardless be liable to RiotLabs for liquidated damages in the amount of 200% of the full invoiced amount, in addition to actual damages and any and all costs incurred by RiotLabs in prosecuting such action or pursuing collection.
- You further agree that, in the event that any chargeback action is taken once this payment has been processed, you will be in breach of your contract with RiotLabs and subject to legal action, and, in such case you agree that RiotLabs shall in that event be entitled to all expenses incurred in the enforcement of this contract, including but not limited to costs and attorney’s fees. If necessary, all legal actions concerning breach of this agreement shall be initiated, filed, and tried in District Court for the City and County of Denver, Colorado.
- Prototype: A Prototype is a live representation of the website. The prototype will remain on RiotLabs servers, password protected, so that it will not appear on any Google search. The client will be able to give RiotLabs corrections on each round of the Prototype that we will be utilized to create the next Prototype version.
- Templates: A template refers to the layouts that RiotLabs creates for each client so that pages can be easily duplicated on the site.
- Each change in layout, however minor, may result in the creation of a new template.
- Page(s) Count: Pages refer to how many pages with a unique URL RiotLabs will build out.
- Content Population and/or Migration: Content Migration refers to how much of the website content RiotLabs will be taking from a current website and including on the newly designed/developed website. This usually is the same as page count unless stated differently in the Contract documents.
- Custom: Anything that requires a code changes (e.g. php, JS, HTML) to the Project is considered custom. Custom items are not included in a RiotLabs package unless specifically stated in the Contract documents.
- Development Complete: The project is almost ready for final release. No feature development or enhancement of the project is undertaken; tightly scoped bug fixes are the only code that is allowed to be written in this phase, and then only for the most serious and debilitating of bugs. An experienced software developer once described the Release Candidate phase as: “does this bug kill small children?”
- Before clients are allowed to access certain functions of the site (including editing of content, menus, taxonomies, and other functions as a logged in user), a site acceptance and release will need to be signed. This is necessary because even users with limited permission access can cause previously working parts of the site to break. We require our customers to go through a training so that we cover the basics of how to manage their site as well as address the management of any custom functionality pieces
- Mood Board: We use a mood board as a design inspiration sheet for your website. It includes colors, logo, font, buttons, forms, and other design elements. A mood board is NOT a page layout or template layout of your website. It is made up of building blocks, that when put together, create the overall look and feel of your website.
Stakeholder/Primary Contact: The primary point of contact is the person you will go to with any questions about the project, from getting approval on mockups to getting payment for services rendered. (Establishing this prior to kickoff is required). If a new Stakeholder comes in after the Project is kicked off, it is the responsibility of the Client to get them immersed in the Project. If RiotLabs is required to assist with onboarding, the timeline will be affected and the Client will be charged additional hours for said onboarding.
Browser Testing / Support
During the Quality Assurance (“QA”) Phase of the Project (typically during prototype #3), RiotLabs will perform browser testing on the following desktop browsers: Chrome, Firefox, Internet Explorer (Current Version and the immediate preceding version) as well as the following mobile browsers: Chrome on Android and Safari on iOS (current version and the immediate preceding version). RiotLabs will ensure the website application displays and functions properly on all stated browsers. RiotLabs is not responsible for any layout or functional problems that may occur on any other browsers nor is it responsible for bugs in the browser itself.
- All RiotLabs sites are reviewed against the latest version (and immediate predecessor) of the following browsers: IE, Chrome (Android and Desktop), Firefox, Safari (iOS and Desktop).
- Support for any browser other than these must be explicitly called out in the Contract and will incur additional expense.
- There are certain cross-browser inconsistencies that are inherent and unavoidable. This includes the manner in which different browsers on different OS’s render fonts.
- RiotLabs is unable to be accountable for bugs that exist in the browser itself, causing a semantically correct output to fail. RiotLabs will do it’s best to note this whenever possible, as well as file a bug report on behalf of the client.
Services Beyond Website Creation
RiotLabs and its sister companies are full-service agencies with the ability to deliver many additional services beyond the additional packages. Unless otherwise specified, there will be an additional fee associated with each of the following:
- Content Writing
- Strategy Consulting
- Marketing Strategy
- Social Media Strategy
- Ongoing updates
Inhouse vs. Outsourcing
- RiotLabs does not outsource any aspect of its Projects. All work is performed by in-house managers, designers, and developers.
- It is expected that the client adheres to the timeline that is provided after Kickoff. The client is expected to respond in a timely matter. If a deliverable, such as input, approvals or payment is late more than ten (10) business days, the Project will be considered “Paused.” Once the deliverable is received, any re-activation charges are paid and the Project is re-activated, the Project will be rescheduled based on RiotLabs’ current resource availability which could cause lengthy delays.
- Client Responsibilities Deadlines
- RiotLabs will work diligently to meet its expected deadlines. The client is also expected to meet all deadlines as outlined in the Project timeline. Proper notification of delays is required to avoid pausing the Project as outlined above.
- Response Time in Basecamp
- Client can expect a timely response from RiotLabs, within one (1) business day, to messages all Basecamp messages.
- Resource Planning and Allocations
- RiotLabs needs adequate time to assign resources to Projects. Meetings are conducted each Friday morning to resource plan for the following week. If a client requests immediate services that were not originally planned or resources allocated, one (1) additional week may be required to assign the proper resources and perform the work.
- Website Acceptance Agreements
- All clients must execute RiotLabs’ Website Acceptance Agreement prior to receiving Admin Access for sites hosted with RiotLabs or receiving access (TAR of website and related databases) for hosting externally.
- Payment of any outstanding funds and the approved Master Hosting Agreement (“MHA”) must be executed and received seventy-two (72) hours prior to launch date.
- Upon receipt of final payment and execution of the Website Acceptance Document, RiotLabs will provide the client a TAR (zip file containing the website and any related databases) for use by client’s hosting company.
- Service Agreements can be purchased with a minimum of three (3) hours and range between $90-$175/hour depending on Scope of Work.