~ Web Development for Creative People ~
Lots of folk like to do trades, especially artists. The folks here at Panther Webworks are sometimes open to trades and other non-standard jobs. In fact, a list of our current needs is at the bottom of this page for those looking to trade. We wouldn't give you less than our usual professional quality on this or any other custom deal, and likewise, we wouldn't compromise our professional standards for making and keeping agreements.
If such a transaction sounds good to you, we'd love to hear your proposal. Please take a moment to read our policy below. Remember, nearly every point is negotiable when included in a customized contract. Then contact us with what you have to offer and what you need. If you have a more developed idea, we are interested in that, too.
Projects having substantial value needs a “yes” from every member of The Company: Any work trades or barters proposed with a value of over $600 shall be brought to and voted on for approval by all Members of the Company.
Projects using subcontractors needs a “yes” from every member of The Company: Any work trades or barters proposed involving any subcontracted work shall be brought for approval by all Members of the Company.
Any proposed work trades or barters of any value involving more than one member of The Company shall be brought for approval by all Members of the Company.
All trades or barters valued over $600 or involving more than 5 hours work shall be accompanied by a prepaid retainer held by the Company under the same guidelines as regular contracted work unless conditions for credit are met.
All contracts fall under the jurisdiction of Oregon contract law. All legal remedies to grievances will be conducted in Oregon, under Oregon law.
All work, including trades, done by any Member or Employee of Panther Webworks LLC (“the Company”) that falls under the kinds of services offered by the Company shall be done through the Company, and shall be governed by the following in addition to the terms specific to trades, without exception unless agreed in writing.
Once the Company makes a bid, requests by the commissioning party for work relating to that bid constitutes de facto acceptance of that bid and binds the commissioning party to all terms presented on this page unless this default contract is modified by a written agreement.
When a bid is accepted for an entire project, the commissioning party is responsible for payment to The Company in full for the entire bid, regardless of whether they use the work, or whether the agreement is ever detailed in writing.
No deliverables will be released unless and until 1) a signed (and notarized) contract is in place which specifies payment or trade arrangements, OR 2) the agreed-upon trade/contract is completely fulfilled or paid for in full.
The Company enters all agreements in good faith. However, should the Company become unable or unwilling to complete the project, value of work done by the Company, whether or not this includes completed deliverables, will be calculated according to the bid or a predefined formula and will default to the resultant dollar amount. In the absence of a specific bid, or agreed-upon hourly charge, default fee is the Company's standard price for such work when done on an hourly basis, regardless of state of deliverables. All hours devoted to anything relating to or supporting the work is considered billable under these conditions, including training, maintenance, travel, research, and any other activity that directly or indirectly supports the requested work. In this case, the amount billed by the Company is due in full in 30 days, or becomes subject to the Company's billing policy.
This amount is due in full upon completion of the contract or such date as the business relationship ends, or if, by the Company's assessment, the contracting party is in danger of default, unless other arrangements have been made and agreed to in a written contract. The amount billed for work by the Company does not erase any other financial obligations that might have been made by the requesting party (examples: travel expenses, the price of stock or other photos, etc.).
Should the requesting party be unable to complete the agreement, the Company might grant release from part of all of the requesting party's obligation. Such release request should be made in writing. The decision rendered by the Company on these matters is final and cannot be appealed.
The Company may, at its discretion, enter into agreements made on credit provided that the person or organization commissioning the work (or Principal thereof) has established a credit history with The Company or its Principal(s). Work done on credit falls under all the same conditions for billing and collection.
All contracts that deviate from the above shall be signed by (authorized representatives from) all involved parties. The contract will include:
A detailed description of the project, the goals motivating the project, and details of the work to be completed broken down in phases;
Target dates for portions of work done by each party;
How surprises, especially change orders and other events forcing changes in target dates and/or billing are handled;
Specific compensation for extraneous or non-standard costs in time and resources such as: missed deadlines; missed or late appointments; unusual expenses (travel, access fees, etc);
Billing and tracking fees;
Others points and details unique to the transaction or project;
All deviations from default policy/contract;
The value of trades in dollars, including breakdown of steps or parts, when possible;
A statement that resolution for any detail missed will default to the Company's standard policy;
Every Change Order in a written contract must be in writing, and signed by both parties. Verbal contracts shall rely on meeting notes.
The benefits to the Company and products of all contracted work shall remain the property of the Company unless the rights to modify the code or design and/or outright ownership is explicitly transferred as part of the license or work contract. In all cases, work product remains the property of the Company and is not transferable. Transfer of exclusive rights to deliverables and terms of compensation to the Company for relinquishing those rights must be unanimously approved by all Members of the Company.
The Company reserves the right to refine its policies and apply them to current contracts.. In such cases, clients will be notified by and given 30 days to respond to the changes. If there are no objections given in writing, and no negotiations on these points, then the updated policies apply.