1. FOUNDATION

We are experts at designing and creating cutting-edge digital answers to our client’s needs, its comes as second nature to us. We have created this document to explain all the ins and outs of our costs, processes & work ethic. Each section is hopefully self-explanatory and the document is completed with a signature at the end. If something isn’t clear, call us and we will happily explain.

You (or Your) (JP&Brimelow) located at 430 Barlow Moor Road, Chorlton, Manchester, M21 8AD are hiring Us (or We) (The Random Agency) head office located at 55 Old Broad Street, London, EC2M 1RX for the following services; Random Estate – SOLO Package with a setup cost of £2,199 and an ongoing fee of £99 + VAT per month.

The full terms and conditions for Random Estate can be found online https://terms.random.estate or can be sent to you at your request via email or Royal mail. By signing this agreement, you confirm to have reviewed and accepted the terms as laid out.

2. AGREEMENT

As our customer, you agree to enter this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it and in the format, that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. You will be bound by any dates that we set together. You also agree to stick to the payment schedule set out.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set but we cannot be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. If any extra work is added to the project, we will endeavour to complete in the same set times but will agree with you at the stage of addition. We will maintain the confidentiality of any information or data that you supply to us.

3. COPYRIGHT

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by You or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:

You retain ownership of all Content/Data, materials or information used or processed through the Random Estate Services. The Random Agency and its licensors retain all ownership and intellectual property rights to the Random Estate Cloud Services, including derivative works thereof.

4. SCOPE OF WORK

For the initial phase of development (the online presence), We will work with You to create website design concepts and migrate content from your website. This initial phase will last 3 months.

The Random Agency will install a content management solution to allow you to easily update the website as needed and provide training. All necessary extensions for the content management system, which are not open-source, will be purchased and licensed for use by The Random Agency.

4.1 Design, development, and consulting services will be provided on a fixed rate basis in the amount written in Fees section. Services not listed in Fees section should be considered as additional and out of the scope of this proposal.


4.2 Scope - We conduct qualitative research, in-depth SWOT analyses, and competitive assessments to understand your challenges – and to develop strategies for addressing them.

The Scope of our service includes but is not limited to;

4.2.1 Management: Project management is the application of processes, methods, knowledge, skills, and experience to achieve the project objectives.

4.2.2 Functionality: The features we intend to build are; Social sharing, Search engine friendly URLs, Advanced property search, Detailed property listings, Book viewings/valuations, Postcode link to Google maps, User link request, Floor plans, Dynamic EPC’s, Map & List results, Testimonials, News and Blog, FAQ’s, Property images gallery, Property sales, Lettings & New homes.

4.2.3 Content: The website content is to be supplied in full if not, dummy content will be created for the build process.

4.2.4 Design: The design will be undertaken in-house at Random. Initial website mockups, detailed wireframes, and first drafts will be actioned on completion of a signed agreement.

4.2.5 Mobile: Having a mobile compatible version of your website especially for smartphones is necessary. Built in HTML5, CSS3, and JavaScript a mobile website that is designed and created to look like a mobile app but that is compatible with multiple platforms.

4.2.6 Testing: We will test all our markup/code in current and owner supported versions of all major browsers\devices including those made by Microsoft, Google and Apple before the final launch.

4.2.7 Development, Integration, and Migration: Most development work undertaken by Random requires seamless integration and migration.

4.2.8 Language: The website will be built using the English (UK) language only; no consideration will be made to allow easy integration of new languages at a future date unless agreed and priced before the commencement of work.

4.2.9 Compatibility: Backwards compatibility is not included, we will not test our code in old abandoned and not supported browsers or devices, unless otherwise specified.

Note: If you need to show the same or similar visual design to visitors, using these older browsers an additional cost maybe required.

4.2.10 Bug fixes: After the initial launch, bug fixes will be provided for as part of an ongoing subscription. If necessary, an additional maintenance agreement can be undertaken, allowing us to make updates to features, fundamental changes, etc. after initial one month.

4.3 Discover - The discovery phase varies from project to project. It could be as simple as quick meeting with the You (company) or a larger exercise that includes focus groups and market research.

4.4 Create - We will challenge the brief to make sure we are getting to the heart of the problem rather than just the symptoms. We will then have a process of design and concept, which will then be distilled into the best solution to your brief.

4.5 Implement - We always try to apply the smart design. This means a design that is efficient, cost-effective and ecologically sound.


4.6 Control - We stay on schedule, with logistics and details so you do not have to. From strategy, concept, design, testing, implementation, and every step in between, we know what needs to happen, and how to get it done. We report and communicate directly with you at all stages so you have control as well.

5. SUBSCRIPTION

The Random Estate property extension is proprietary and its use is restricted to subscribed license holders only. Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable, non-assignable, limited right to use the Random Estate Cloud Services during the applicable subscription term, solely for your own business purposes.

5.1 Website management
Connect with an entire team of web designers, developers, programmers, and consultants without the high cost of hiring a full-time staff. We provide design and development consultation, apply CMS updates, Security patches, Bug fixing, Visitor traffic analysis. Alongside basic... Updating content (text/images/video etc.), Adding/Editing pages/sections/elements, and Design tweaks/enhancements.

5.2 Online technical support
We work with our customers to deliver a truly unique IT support service tailored to your individual needs. Direct telephone contact with Account Manager and developers through online ticket support allows us to treat each client individually which enables us to deliver a truly unique I support service.

5.3 Secure hosting
Random websites are hosted on our own dedicated server cluster to provide high levels of availability and performance. All our dedicated and semi-dedicated servers have a minimum specification of; Intel Xeon CPU D-1520 @ 3.20GHz (12 core(s)), GigaEthernet and 128GB RAM.

Random uses the Apache web server as the front-end server for all our websites. All hosting includes DNS services, email routing, primary domain hosting, a generous web space allocation and monthly bandwidth allowance.

5.4 Malware scans
Detects and removes malware in real-time with advanced anti-malware, anti-spyware, and anti-rootkit technology. Scans for the newest and most dangerous threats automatically, so you’re protected without having to even think about it.

5.5 Security Scans
Regular scans enable us to secure your installation then suggests and implement corrective measures for: securing file permissions, security of the database, version hiding, admin protection IP blocking and lots more.

5.6 Vulnerability reports
A vulnerability report defines, identifies, and classifies the security holes (vulnerabilities) in a computer, network, or communications infrastructure. We use an advanced vulnerability scanner technology to check your website. It includes a database with the latest bugs and security features. Vulnerability reports are run and recommendations implemented without you having to lift a finger.


5.7 Uptime/Blacklist Monitoring
Uptime monitoring is remote website uptime monitoring designed to help detect website downtime which can mean lost revenue and profits. The worst thing is users may never return to your website again if they experience difficulties opening your website

We are the first to know if your domain is blacklisted so you can act fast and reinstate your site – before you lose visitors or break trust. We regularly check safe web services and warns you if your site has been flagged as unsafe.

5.8 IP Lockout
Brute force attacks are no match for our IP Lockout system. Trigger timed or permanent site bans for repeated 404s or failed login attempts. We protect your site with both manual and automatic IP ban and whitelist control.

5.9 Customised hardening
Security in is taken very seriously, but as with any other system there are potential security issues that may arise if some basic security precautions aren't taken. Our customised hardening prevents hacking and makes sure that the code for the site is completely different from others, as they generally run on the same code so if one can be hacked they all can be hacked.

5.10 Nightly backups
Regularly backing up your website is one of the most important things we can do to guard against loss of data. After all, no one plans to be hacked or for their server to crash. We keep your valuable website, its media and database backed up for quick disaster recovery. We run night scheduled backups (between 22:00 and 08:00) which are then transferred and stored remotely in the cloud.

5.11 Regular feature updates
Although Random Estate is feature pack with things you need and some that you never realised you couldn’t live without, we are continually developing new features and functionality which will be added at no extra cost.

6. FEES

The cost of this project is £99 + VAT, this includes but is not limited to, Research, Project management, Design, Build, Development, Integration, Content addition, Testing, Migration, and launch.

Our basic standard hourly rate is charged at £260.00/hr + VAT

7. ADDITIONAL TERMS

7.1 Availability.

Random Estate will apply reasonable effort to make the services available 24 hours a day, 7 days a week, except for: (a) scheduled downtime or (b) any unavailability caused by circumstances beyond The Random Agency’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes/other labour problems, hardware or internet service provider failures or delays.

7.2 Payment Terms.

You agree to pay The Random Agency the applicable Subscription, Services and Cloud Subscription fees stated on the Order Form. All proposals are quoted in Sterling (GBP) 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 Random Agency issue invoices electronically: payment terms are (7) seven days from the date of invoice. Except for initial set-up fees which are due immediately and before the project is started. The Random Agency can only accept payment directly in Sterling (GBP). Please note that our prices are subject to VAT at the prevailing UK rate.

The appropriate bank account details will be printed on our electronic invoice. There is no deposit payment, for all projects to secure our services; advance payment of the setup fee is required. The Random Agency reserves the right to charge interest on any amount not paid when due may be subject to interest calculated at 5% above Bank of England base rate.

In any legal proceeding between You and Us arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover all reasonable expenses incurred because of the proceeding, including reasonable solicitor’s fees.


7.3 Delivery and Subscription Keys.

Random Estate is only available electronically via a custom downloadable application or online VIA the Content Management System and will not be available in any other format. You understand and agree that a Subscription Key is required to enable Random Estate and that Subscription Keys are valid only while subscribed to the service.

In the case of breach by You of the payment terms stipulated in this Agreement, We will have the right to suspend the Software Subscription and such suspension will not give rise to any modification of the amount of the Software Subscription fee or to any extension of the Subscription Term.

7.4 Subscription Termination.

There is no automatic termination of a contract - so your contract will continue to run unless you advise us otherwise. You will need to give us 90 days' notice, even if you’ve reached the minimum 12-month term You will be charged until the beginning of your minimum term or the end of 90 days' notice, whichever is the later date.

If you only want to pay up to the end of your minimum term, you must make sure you cancel in writing at least 90 days in advance to give notice and six months max. into the future we can pre-date cancellations. If you have not reached the end of your minimum contract term, you will be charged an early termination fee.

If you only want to pay up to the end of your minimum term, you must make sure you call in at least 90 days in advance to give notice. However, there is a limit to how far into the future we can pre-date cancellations. If you have not reached the end of your minimum contract term, you may be charged an early termination charge.

7.5 Project Variation Notice.

Where the client specifies variations to an agreed program of work, these variations are agreed to be likely to result in an increase in the chargeable hours, costs or expenses, a variation notice setting out the nature of the variation, and the estimated adjustment to the budget and time scales will be issued.

Once issued, such a variation notice must be signed as agreed by the client prior to The Random Agency commencing work resulting from the variation notice. Any work undertaken under a variation notice will be billed on an ad hoc and as the project depends.

7.6 Direct Costs and Expenses.

Unless specifically included in the proposal, expenses are payable in addition to the proposed fee. Expenses will be agreed in advance within an approved budget and billed, at cost. A full expenses schedule will be provided monthly.

7.7 Guarantee.

We can’t guarantee that the functions contained in any page, template or mobile app in a completed website will always be error-free and so we can’t be liable to you 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 website and any other web pages, even if you have advised us of the possibilities of such damages.

We cannot be held responsible for any loss of life, injury or illness caused by the use of our services to any party.


7.8 Transfer.

You cannot transfer this contract to anyone else without our permission. 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.

8. THE DOTTED LINE

This contract is governed by “English law of England & Wales” but is applied worldwide under the pretense of the contract being signed and delivered within this territory.

Signed on behalf of The Random Agency;

Signed by: Stuart Moir
Date: 23/08/2017
(electronically signed)






Signed on behalf of JP&Brimelow;

Signed by: Stuart Moir
Date: 23/08/2017

Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it or save it as a PDF.
24/10/2020