Draft Teardown: Terms & Conditions
This is a Services Agreement between Draft Design, Inc. (“we,” “us,” “our”) and any individual, entity, or organization that procures our “Draft Teardown” services (“you” or “your”).
Acceptance of Terms: Any work that we do for you is governed by the terms and conditions that you’re reading now. If you don’t agree to them, we can’t provide you with any services. This agreement is a binding contract between you and Draft.
We do not recommend our “Draft Teardown” service for (i) organizations with highly developed internal UX practices, (ii) sites that do not receive much traffic at the moment, (iii) companies/people without specific goals (e.g., if you cannot say “we want more people to do X on our site”), (iv) companies/people who want an ongoing relationship.
Terms May Change: Periodically, we may change the terms and conditions in this agreement, including the amount of our fees. If we do change any of these terms, they’ll take effect for you the next time that you contract for our “Draft Teardown” services. Any work that we’ve already completed or previously initiated for you continue to be governed by the agreement in effect at the time that you contracted with us.
Payment/Questionnaire: In exchange for our services, you’ll pay five hundred dollars ($500) when you agree to these terms. Payment reserves a space on our docket and is made before we provide any services to you.
In addition, prior to providing any services to you, you must fill out an informational questionnaire. This allows us to better understand your concerns and goals for this project. A link to the questionnaire will be provided to you after we receive payment.
Taxes: You’re responsible for payment of all applicable sales and use taxes.
Refund: No refunds are available for Draft Teardown’s fees, at any point, for any reason.
Services: In exchange for our fee, we’ll provide you with a video report tailored to your website and provide you with one follow-up round of Q&A. Our report is based on the state of your website at the time it was reviewed by us. We will deliver our report within thirty (30) days of receiving your filled-out questionnaire.
This report will consist of the following items: (i) basic information about A/B testing and how to implement it; (ii) screenshot references (iii) specific suggestions for changes to your website, which you may test on your own through A/B testing; (iv) “quick wins,” which consist of changes that we believe are low-cost, quick to implement, and likely to improve the performance of your website; and (v) “random thoughts,” which are intended to address the high level issues in play with your specific website and provoke further discussion.
We do not revise the video report once delivered and we won’t follow up with further reports. You agree to accept our report “as is.”
Once the report is delivered, we’ll schedule time to answer questions regarding it. You must gather your comments and questions together into a single package for our review; we don’t provide more than one round of Q&A.
No Guarantee of Results: We make no guarantee or representation whatsoever about the number of leads, sales, conversions, clickthroughs, impressions, or any return on investment resulting from our work with you.
Content Ownership: We retain ownership in the copyright to all reports produced through the Draft Teardown service and invite you to share our report internally with other members of your organization on an as-needed basis. We do not, however, grant you permission to modify the report, reproduce it for individuals outside of your company, display or perform it publicly, or distribute it to any third party.
Termination: Once you’ve paid our fee and answered our questionnaire, neither of us may terminate this agreement, except on material breach of it by the other party, and only if the breaching party has failed to cure its breach within thirty (30) days of notice.
Independent Contractor: Draft is an independent contractor to you/your organization. By entering this contract, we don’t intend to create a joint venture or partnership or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.
Not Exclusive: We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.
Publicity: Referrals are how we're able to get work in the future, and we love showing off our major victories. You grant us the perpetual right (but not the obligation) to mention your name (or your company’s name) on our website and in our marketing collateral as an individual/organization that utilized our services. If you submit a testimonial to our website, or through e-mail, we’d love to publish it! You grant us permission to re-publish your testimonial on our website.
Business Hours: Draft's business hours are 9am-5pm Central Time. We take the following days off: January 01, MLK Day, Memorial Day, July 03, July 04, Labor Day, Thanksgiving, Black Friday, December 24, December 25, December 31. We agree to put in a reasonable effort to reply to anything Draft-related during business hours, but outside of those times we're probably going to live our lives and be awesome to our friends and families.
Limitation on Liability: OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE AND ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO DRAFT BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Representations and Warranties: We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, WE, DRAFT, MAKE NO WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. EXCEPT AS MAY BE EXPRESSLY PROVIDED, OUR SERVICES AND ANY MATERIALS DELIVERED TO YOU ARE PROVIDED “AS IS.”
Assignment: In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.
Waiver: If one of us chooses not to act on a breach of this agreement, that choice won’t waive our right to enforce the agreement or any of its terms based on a subsequent breach.
Modification: This agreement can only be modified by a writing signed by both of us.
Severability: If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.
No Third-Parties: This contract is only intended to benefit you, the client, and Draft, not any third party.
Force Majeure: We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.
Governing Law/Forum Selection: Illinois law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Chicago, Illinois and not anywhere else. You submit to the personal jurisdiction and venue of those courts.
Headings: Headings for each paragraph are provided for convenience only. They won’t be given legal effect in interpreting or limiting the scope of the agreement.
Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.