Modscape Software Agreement
This software agreement covers any design and development services provided by Modscape unless a separate software agreement been arranged or changes have been specified in a work agreement.
Copyright and Licenses
Any third-party libraries will remain under their respective licenses, and it is the Client’s responsibility to ensure that any supplied materials (stock photography, font files, code, etc.) are correctly licensed. Modscape is not responsible for any legal fees that arise should any materials not be properly licensed or copyrighted.
Upon final payment Clients own the graphics and other visual elements that Modscape creates for your project. Clients also own text content, photographs and other data provided, unless someone else owns them or in the cases described below.
- Modscape reserves the right to reuse and re-license portions of the created products as desired, as long as the portions are general solutions to common problems and are not specific to a Client’s product.
- Any portions of products whose copyright is withheld by Modscape are licensed to a client for use in Client products under the MIT license: http://www.opensource.org/licenses/mit-license.php
- Clients will only be billed for portions of products which were created during the effective period of this contract and created while performing services for a Client.
We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books as well as speak about them publicly at conferences unless explicitly stated otherwise in a written agreement.
Scope of Work
Any additional development work that does not reasonably fall into the original scope of work outlined in a Statement of Work will be billed additionally at an hourly rate. Modscape makes estimates based on an agreed upon scope of work. We usually hit our deadlines no matter what but we are not responsible for missed deadlines due to changes in the scope of work.
Confidentiality
Modscape understands the need for confidentiality of projects as they are under development. We will not discuss publicly, tweet about or publicly share any project details that require confidentiality. We will only discuss project details with any persons who need to know them as the project deliverables require.
Browser and OS Compatibility
Modscape designs, develops and test software for the latest and recent versions of Chrome, Safari and Firefox. Modscape also designs, develops and tests on Mac, Windows, iOS and Android. Because there are so many platforms and browsers we cannot guarantee that our work will render appropriately on all devices and screens, though we do our best to make that happen. Any additional requirements can be specified in a Statement of Work.
Code Delivery
In most cases Modscape will provide all coding in private GitHub repository which Client’s can access. If a GitHub repository is not available Client’s can request that one be set up. Access will be available during development and for 3 months following the completion of development. For Client’s who are on a Modscape hosting plan or have ongoing development work code will be available on GitHub for the duration of hosting and/or development plus 3 months. It is the Client’s responsibility to make backups of delivered code upon project completion or cancellation of hosting.
Contact
Modscape’s business hours are 9AM to 5PM EST, Monday through Friday. In most cases we are available outside of those hours for contact but we cannot guarantee a quick response during off hours. We will generally be able to quickly handle any critical issues during off hours but any non-critical issues may not get addressed until normal business hours resume.
Maintenance
Any website or software will need some level of maintenance over time as scripting languages, CMSs, plugins and various other dependencies are updated. Modscape provides several options for Hosting, Maintenance and Support plans. See our Hosting page for more details. Additionally we can work out individualized plans as needed. We recommend that clients have some level of support and maintenance for their sites and software.
Legal
Although Modscape tests extensively, we can’t guarantee that the functions contained in any application will always be error-free and, as such, cannot be liable to Clients or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this application and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payment
Payments shall be made according to the payment due date on invoices. Usually within 30 days of delivery.
Updates
Modscape reserves the right to make changes to this Software Agreement as necessary.
Questions
If you have any questions about this Software Agreement or would like to arrange for a separate agreement contact us at team@modscape.com.