Working with Charles Buchwald & Friends
Unless exceptions are specifically and explicitly granted in writing, the following policies apply to working with Charles Buchwald or Charles Buchwald & Friends (CB&F).
Schedule & Scope
CB&F will make a reasonable effort to develop and agree upon a development schedule with the client. If delays are incurred by the client, then the remaining development schedule is at the discretion of CB&F, although effort will be made to follow the existing schedule, and extra project costs may be incurred.
Work outside of the scope of the original agreement will be billed separately, including work following the go live time for web sites. Effort will be made to clearly outline the project scope, including client requests which fall outside the scope of the project as agreed in project documentation.
A retainer equal to 25 to 50 percent (at Charles’ discretion) of the estimate for the job is due before work begins. The retainer is not refundable.
For some projects, progress fees may be payable at intervals.
The balance of payment for a website is due before the site “goes live” and begins accepting traffic on the web server, or before an app, ebook or other software is submitted for publication.
Time spent in meetings, phone calls, and instant messaging or other networked communication with the client is considered working time, and will be billed as such. Time spent with mail and email is billable at CB&F’s sole discretion.
Materials and licenses for projects will be billed at an (industry standard) fifteen percent markup.
If the project is cancelled, or delayed to such an extent that it is effectively cancelled, then a cancellation fee, also called a “kill fee” will be incurred, equal to the deposit, retainer, down payment, and/or the total of all payments including progress payments.
Any and all refunds are at the sole discretion of Charles Buchwald & Friends.
Delinquent payment may result in suspension or termination of services, including HTTP, FTP, email, app publication or maintenance, app store accounts, and/or software support services.
Domain names are the responsibility of the client, including purchase, renewal, and setting the nameservers to point to CB&F servers. Expenses and other problems incurred by client’s neglecting to renew domain names is the client’s responsibility.
Trademarks are the sole responsibility of clients.
Passwords & Security
Email passwords are not stored or maintained by CB&F for client accounts; it’s the responsibility of the client to store and use them. CB&F will reset passwords for email accounts upon request.
Clients that install components, plugins, modules or other extensions to websites, or modify or extend software, or using it in a manner other than as designed, and the problems or liabilities that may be incurred by doing so, are not the responsibility of CB&F.
Regular backups are performed of CB&F servers and project materials, but CB&F makes no guarantee, expressed or implied, that all information will be continuously or completely available. Clients concerned with high levels of data security and data integrity must make their own backups. CB&F will supply instructions for routines for doing so upon request.
Unless specifically requested by the client in writing, approval of print proofs and colour proofs is at the discretion of CB&F.
Errors and Omissions
Errors and omissions in design or content on web sites or in print are the responsibility of the client to identify at the draft and/or proof stage. Once a site has gone live or a print project is on press or an app or other software has been published, then CB&F is not responsible for any and all errors or omissions in design or content or functioning.
Third Party Software and Services
CB&F is not responsible for problems caused by third party software or services, such as licensed software, open source software, or web services. Licenses for such software or services purchased in the course of a project and used for a project are on behalf of the client by CB&F, and do not imply that CB&F has the capability or responsibility to maintain, troubleshoot or warranty such licenses.
CB&F is focused on Linux-based servers as the most reliable, most future-proof, easiest with which to work, and most efficient on which to develop. Many of the opensource technologies worked with most frequently and successfully are optimized to run on such servers. CB&F projects that must run on non-Linux-based servers will incur an additional 25 percent fee. Moving a site developed on a CB&F server to another server will incur a 20 percent fee.
Until final payment has been made and Charles Buchwald & Friends have signed off on a project, which includes artwork, code and supporting work, and explicitly transferred the ownership of that copyright, that copyright remains the property of Charles Buchwald & Friends.
Website content and graphic design, where it is not covered by pre-existing copyright or licensing agreements, is the intellectual property of the client. It is the client’s responsibility to provide materials which they are legally entitled to use, and do not violate copyright or trademark laws, including images, photos, fonts, templates, themes, and softwares of all kinds.
CB&F reserves the right to use images of the project, including various types of files, in promotional materials and in Charles Buchwald’s private portfolio.
(See below for copyright information for this site.)
No warranty or guarantee of suitability or completeness of work is expressed or implied.
We reserve the right to change these terms and conditions at any time. If you have any questions or concerns, please submit them in writing to Charles Buchwald & Friends.