What are These Terms and Conditions?
These are general terms and conditions every client of Mantas Vilčinskas must agree to, effective starting February 17th.
Who is Mantas Vilčinskas?
Mantas Vilčinskas (he/him) is a Freelancer from the Republic of Lithuania. These Terms and Conditions are written by Mantas Vilčinskas, thus he will be referred to by the following pronouns:
MNTS is the name Mantas Vilčinskas uses to brand (name) his services and refers to him.
What “clients” do these Terms and Conditions apply to?
Clients of Mantas Vilčinskas are entities who have paid him and consented to receiving certain services. This is information that Mantas Vilčinskas must know about his clients:
- Full Legal Name of Entity (Person or Company)
- Email and Other Contact Information
- Country for Tax Purposes
In this document, clients are referred to as You.
Why does this document exist?
I’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. I have no desire to trick You into signing and/or agreeing to something that You might later regret. What I do want is what’s best for both parties, You and I, now and in the future.
It is constituted that You have the authority to agree to these Terms and Conditions on behalf of yourself, your company or your organization. You’ll give the Freelancer everything You and I need to complete the project as and when and in the format You and I need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule.
Freelancer’s relationship with Client will not be that of an employer, as such the Freelancer is not entitled to any health insurance, life insurance, and other benefits.
Freelancer uses their own tools and instrumentalities, if any, required to perform services under this Agreement.
The Freelancer can also purchase extra tools and instrumentalities (fonts, icon sets, licenses) for the Client. If agreed upon, the Freelancer reserves the right to charge the Client for any licensing or distribution fees of extra tooling for such purposes.
I am sure You understand how important it is for a small business that You pay the invoices that I send You promptly. As I am also sure You’ll want to stay friends, You agree that time shall be of the essence and You will follow this schedule accordingly.
I issue invoices electronically. All proposals are quoted in EUR (currency) and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.
I reserve the right to charge interest on all overdue debts at the rate of 5 percent per month or part of a month.
Work Standards (Scope of Responsibility)
Reviewal of Work and Feedback
You, the Client, will have have plenty of opportunities to review the work of the Freelancer and provide feedback. I will give You instructions on how to view this work and it may require that You sign up and use third party services such as Figma, GitHub, Netlify, Dropbox, Google Drive, etc.
I will do my best to listen to your feedback, provide my opinion, try multiple options, and make a decision that both You and I agree with and/or can settle on.
You and I will have regular, possibly, but not necessarily, daily contact.
Testing on Browsers
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
I test my work in current versions of major desktop browsers including those made by Apple (Safari on iOS), Google (Chrome/Chromium), Mozilla (Firefox).
Testing using also popular smaller screen devices is essential in ensuring that a person’s experience of a website is appropriate to the capabilities of the device they’re using. I test using Chrome Developer Tools and, when possible, Chrome on Android, iPadOS (a derivative of iOS).
I won’t test nor provide support for other browsers unless agreed separately.
Search engine optimisation (SEO)
I don’t and cannot guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines and follow best practices.
Text Content on Websites
Unless agreed separately, I am not responsible for inputting text or images into Your content management system or creating every page on your website. I provide professional copywriting and editing services, so if You’d like to create new content or input content for You, that can be provided separately from this project.
Assets (Graphics and Photographs)
You should supply graphic files in an editable, preferably vector (svg, ai, eps) or raster (preferably png) digital format. You should supply photographs in a high resolution digital format. You may choose to buy stock photographs on your own discretion and I may suggest where to look. If You’d like for the Freelancer to search for photographs for You, I can provide a separate estimate for that.
Hosting and Technical Support
I am not a website hosting company. I don’t offer support for website hosting, email or other services relating to hosting.
You may already have professional hosting and You might even manage that hosting. If You don’t, I can set up an account for You at a hosting provider I recommend to clients like You.
I can set up your site on a server or Git repository (on platforms like GitHub or GitLab) and insert snippets for additional third party software such as Google Analytics and Crisp.
The updates to and management of that server or Git repository will be up to you.
Changes and Revisions
I don’t want to limit Your ability to change Your mind about things that are not difficult (that is, time consuming) to change, however, the price of the work I will be doing, listed at the beginning of this contract, is based on the number of hours that I estimate You and I will need to accomplish everything You have told the Freelancer that You want to achieve.
However, I reserve the right to terminate this contract if there are too many changes and revisions requested by You. This is because making a revisions takes a certain amount of time. It may therefore require extra payment and extra time and resources the Freelancer cannot provide.
Displayment of the Freelancer’s work
I love to show off my work, so I reserve the right to display all aspects of our creative work, including sketches, work-in-progress, designs and the completed project on my portfolio and in articles on websites, in magazine articles, and in books.
You and I can agree to set a date until which the work in this project cannot be displayed without your approoval, however.
I will carry out work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, I can’t guarantee that my work will be error-free and so I can’t be liable to You or any third-party for damages, including lost profits, lost savings or other incidental, consequential, or special damages, even if You’ve advised us of them.
Your liability to the Freelancer will also be limited to the amount of fees payable under this contract and You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I have advised You of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Refunds and Cancellation
If, at any stage, You change your mind about what You want to be delivered and are not happy with the direction my work, as the Freelancer, is taking You will pay the Freelancer in full for the time You and I have spent working with You until that point and terminate this contract.
If the project has a fixed price, You will receive a refund calculated based upon the time You and I have spent working until the point of cancellation.
Cancellations by the Freelancer
I reserve the right to end this contract at any time for any reason whatsoever.
Refunds are handled based on the nature of the scenario.
Client has not responded to the communications of the Freelancer in more than 14 days
If the Freelancer cannot communicate with the Client, there will be no refunds.
This means that the contract is automatically terminated after 14 days if the Freelancer does not receive a comprehensible message from the Client in regards to do what to do with the project.
Less than 2 hours have been spent on the project
In such a case, the Freelancer will provide a full refund (excluding any payment processor fees and/or expenses taken on from the projet).
Intellectual Property Rights
“Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, You guarantee that all elements of text, images or other artwork You provide are either owned by You or that You have permission to use them. When You provide text, images or other artwork to the Freelancer, You agree to protect the Freelancer from any claim by a third party that the Freelancer is using their intellectual property.
I guarantee that all elements of the work I deliver to You are either owned by the Freelancer or I have already obtained permission to provide them to you. When I provide text, images, or other artwork to You, You and I agree to protect You from any claim by a third party that You are using their intellectual property.
Provided You have paid for the work in full and that this contract has not been terminated, I will assign all intellectual property rights to You as follows:
- You’ll own the website I designed for You plus the visual elements that I created for it. I’ll give You source files and finished files and You should keep them somewhere safe as I am not required to keep a copy. You own all intellectual property rights of text, images, site specification and data You provided, unless someone else owns them.
- I’ll own any intellectual property rights I have developed prior to, or developed separately from this project and not paid for by You. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Neither the Freelancer nor the Client can transfer this contract to anyone else without the other’s permission.
You and I both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
The intentions of this contract are serious as this is a legally binding document.
This contract shall be governed by the laws of the Republic of Lithuania and disputes shall be dealt with under the exclusive jurisdiction of the courts of Republic of Lithuania as well. However, both You and I agree to make a commitment to reach a settlement before going to court.