The below were taken directly from the "Basic Terms & Conditions" we use for bids placed via Elance Online. Most of these also apply to work conducted through other channels.
Terms & Conditions
Bids & Proposals
Bids and project proposals are valid for 30 days from the date they are submitted. Durations specified in bids are believed to be accurate but the actual time line is tentative and dependant upon scheduling and availability. If the client chooses to accept a bid an accurate time line reflecting current scheduling will be confirmed.
Contact Information
Client is required to provide contact information including company name, contact person’s full name, mailing address, email address and phone number at the beginning of the project (when the initial payment is made). Contact information for myself is included at the top of this proposal.
Communications
Project communications should occur via eLance PMB or email so that there is documentation of what was discussed and agreed to that we can reference as development occurs. Phone conversations are possible but any decisions made must be documented via PMB or email afterwards. Long distance and toll charges related to phone communications are to be paid by the client (these are not included in the proposal price). I reserve the right to invoice client for these charges on a monthly basis if they exceed $10. Client agrees to pay any reasonable invoices for telephone communication charges. Communication via postal mail should be avoided when possible since the slowness may cause delays.
Invoices & Payments
Invoices for all services rendered and payments due will be sent to the client via the eLance OnLine billing and payment system. All payments are to be made via the eLance billing system unless otherwise agreed upon in advance and documented in writing. Payments are due within 14 calendar days of the invoice date unless specifically documented otherwise in the Project Plan above. Late payments will incur a $10 per day late fee. Development, warranty and other work activities may be suspended while waiting for complete payment of all outstanding invoices and fees.
Additions & Changes
All work to be performed for the client is documented in this proposal. Any changes or additions to the requirements as specified in this document may incur additional charges. Changes or additions must be documented in writing and agreed to by both parties. Additional proposals, estimates and invoices will be provided to the client as necessary.
Cancellation
Client may cancel the project by notifying the consultant in writing (except as may be documented in the Project Plan above). Notices must be posted immediately to the eLance PMB and sent via email. Client agrees to pay any outstanding invoices upon cancellation. Further, client understands that no additional materials (including source code or other materials) will be provided to them and that all warranties and guarantees made by developer are void once the project has been cancelled.
Feedback
Client agrees to post fair and honest feedback for all accepted projects within 10 days of concluding the project. If the client has any issues or dissatisfaction which would result in any rating lower than the maximum possible (typically 5) they agree to discuss the matter with consultant prior to posting feedback. In such cases consultant should be given the opportunity to address and remedy any issues presented prior to the client posting their feedback. Feedback must be based on performance and delivery as outlined in the bid / proposal and consultant may not be marked down for not providing any features or services not included in said bid / proposal.
90 Day Limited Warranty & Support
The final project deliverables are expected to function in a reasonable manner to meet the features & specifications outlined above. Any reproducible bugs which affect the performance of the software in typical computing environment / configuration and are reported within the warranty period will be fixed. Limited technical support to install, configure and operate the final deliverables will also be provided via email during the warranty period. Support is intended to get the client up and running only and is not intended to be full service, provide production support or assist end users. Changes, modifications and addition of new features are expressly not covered under the warranty. Turnaround time for warranty work is subject to scheduling and availability. The warranty period begins immediately upon delivery of the first release candidate and continues for 90 calendar days. No warranty work will be performed if an open invoice or unpaid balance exists for the customer. Late payment of invoices or fees, as outlined in this document, shall render the warranty null and void. The warranty provided is limited to the terms and conditions specifically defined in this paragraph. Any work done which is not specifically covered by this or another agreement is provided as-is without any warranty.
Licenses for development tools and libraries
Licenses for all development tools and libraries required to complete the project will be purchased and maintained by the consultant / developer unless otherwise specifically stated above. The license to these will remain the sole property of the consultant. If source code is provided to the client as part of the project the client will be responsible for licensing any and all development tools, libraries and other software required should they decide to compile, modify or otherwise utilize the source code. Unless otherwise specifically stated above royalty free run time redistribution rights for all technologies licensed by the consultant for use in the project will be covered under the consultant’s license agreement.