[2016 Newstyle Proposal]
Platform & Hosting
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[Table of Content]
1
Industry Overview
01
2
Target Users
01
3
Competitors Study
01
4
Scope of Work
01
5
Measure of Success
01
6
Platform & Hosting
01
7
Process & Schedule
01
8
Finance
01
9
About Cohere
01
3
Industry Overview
01 [Industry Overview]
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[ Introduction ]
The e-commerce market has changed the way business is transacted, whether in retail or business-to-business, locally or globally. Prior to the Internet, success in retail was said to hinge on location, location and location. Now, the Internet is a global marketplace, affording even the smallest retailer a national -- if not a global -- presence. Brick-and-mortar locations now have websites, and new companies now sell products that were unthinkable prior to the Internet and the boom in related technology. The scope of the e-commerce marketplace is difficult to measure. The e-commerce market has become such a vital part of the economy that is difficult to pinpoint exactly where e-commerce begins and the old world economy ends.
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Industry Overview
Retail e-commerce sales in the United States from 2013 to 2020 (in billion U.S. dollars) The North American e-commerce market has been developing constantly in the past decade, with B2C sales in the region accounting for 34.9 percent of global B2C e-commerce sales in 2013. This statistic gives information on retail e-commerce sales in the United States from 2013 until 2020. In 2015, retail e-commerce sales amounted to 342.96 billion US dollars and are projected to surpass 600 billion US dollars in 2019. Apparel and accessories retail e-commerce in the U.S. is projected to generate a hundred billion U.S. dollars in revenue by 2020.
684.24
700 600.21
600 524.66
500
457.02 396.72
400 300
342.96 298.26 260.67
200 100 0
2013
2014
2015
2016
2017
2018
2019
2020
source: business insider
Mobile technology is gaining more impact on the general sales market “We know that e-commerce is a constantly growing 800 part of the larger retail and commerce landscape, but mobile commerce is growing at an even faster rate due to the growing number of smartphone and tablet users. According to Comscore’s research, mobile usage has exceeded desktop usage in Jan 2014. The percentage of searches that resulted in a purchase is 78% on mobile devices versus 61% made on a PC or laptop.�
2000 1800 1600 1400 1200 1000 800 600
Mobile Desktop
400 200 0
2008
2009
2010
2011
2012
2013
2014
2015
2016
source: business insider
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Customizable fashion is on the rise Customization is becoming a basic expectation for many consumers, as outlined in L2’s new Insight report Sportswear: Product Customization. Shoppers are looking to put their own stamp on mass-market goods and services. Brands hope that customization will create a deeper connection between a shopper and the product she creates. Plus, given that one-of-a-kind products have lower return rates and can fetch higher prices, it seems like a no-brainer.
of 1,000 shoppers questioned in a 2013 Bain & Company survey, less than 10 percent had customized a product. But 25-30 percent said they’d be up for it. And that’s enough for many brands that want to believe there’s potential in personalization.“ While it’s hard to gauge customization, if 25 percent of online sales of footwear were customized, that would equate to a market of $2 billion per year,” Bain partners Elizabeth Spaulding and Christopher Perry wrote in their report.
A sense of control is appealing to finicky shoppers. Out
10%
25 - 30%
Almost 10% have tried
25% - 30% interested source: http://fashionista.com/
7
Industry Overview
Retail e-commerce sales in the United States from 2013 to 2019 (in billion U.S. dollars) “Apparel is the fastest-growing segment in e-commerce this year, thanks to new ways to display clothing online. EMarketer predicts that the apparel and accessories category is expected to grow by 20 percent to $40.9 billion this year, up from $34.2 billion in 2011. That beats the sale of books, music and videos, which have historically been considered the most dominant e-commerce categories — those are now expected to grow by only 18 percent to $20.4 billion this year. The report published by the Internet market research firm today is the first time it has broken down its forecasts by category.
retailer. Overall, the report is predicting another big year for e-commerce. It expects U.S. retail sales to grow 15.4 percent to $224.2 billion in 2012, which is higher than eMarketer’s previous forecast that called for e-commerce to grow 11.3 percent to $209.3 billion in 2012. The biggest category in 2012 is expected to be computer and consumer electronics, which have a higher price point, and are expected to bring in a total of $48.6 billion.”
Retail e-commerce sales in the United States, by Product Category, 2013-2019 (billions)
EMarketer attributed the gains in apparel to retailers’ improved methods for displaying products online that make purchasing clothes, in particular, less of a guessing game. Some of the visual innovations are stunning. For instance, Amazon.com’s MyHabit, a private sales clothing site, produces animated videos of models wearing the clothing for sale. The representations are so realistic, the fabric sways as the model struts and turns as if walking down a catwalk. On the more whimsical side of innovations is eBay’s augmented reality app that allows users to “try on” a pair of sunglasses by layering them over a picture of their face. But in addition to new display technology, there are also many more apparel sites for consumers to choose from. Over the last two years, the idea of private sales or flash sales — offering expensive, high-end fashion at steep discounts — has spread like wildfire. Free shipping also plays a role since it removes some of the risk for consumers: If they don’t like a shirt or pair of pants, they don’t have to pay a fee for delivery back to the source: www.eMarketer.com
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It’s time for retailers to start paying close attention to social media “Social media may still only drive a small share of total online retail sales, but its impact is becoming impossible to ignore. Social-driven retail sales and referral traffic are rising at a faster pace than all other online channels. The top 500 retailers earned $3.3 billion from social shopping in 2014, up 26% from 2013, according to the Internet Retailer's Social Media 500. That is well ahead of the roughly 16% growth rate for the overall e-commerce market in the US. Social media platforms have helped companies immensely with marketing and sales. Using social media outlets for marketing is a cheap and effective way to target people. Since social media was first introduced, it has evolved greatly. The "buy" button has taken over three main social media platforms that has supported small and midsize retailers. Twitter, Pinterest, and Faceboook have been the faces of the "buy" button phenomenon. The simple button has changed the sales process for retailers by easing it, and providing
Monthly active users
different ways to interact with customers. The creation was an excellent idea, and has solved various problems retailers have been facing. Social is driving much bigger increases in retail traffic than any other online channel. Social media increased its share of e-commerce referrals nearly 200% between the first quarters of 2014 and 2015. For retailers to maintain these social gains, they will need to pay special attention to mobile, where social engagement with retail content is still limited. Social media users are 35% less likely to share a brand's or retailer's social post on mobile than they are on desktop computers. Facebook continues to grow its lead as the dominant social commerce platform. Facebook accounts for 50% of total social referrals and 64% of total social revenue. The site's changing demographics could make older consumers a strong target for retailers leveraging the platform.�
source: business insider
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02
[ Target Users ]
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[ Demographics ]
Gender: Male and female Age: 18 -35 Characteristic: They are creative, fashion-conscious, and tech-savvy and they are all hip and knowledgeable about fashion. Location: United States Internet/online activity: They are all online everyday with high speed connection to the internet. Users Actions: To explore new trends and original styles. Use todays technology to share and express their artwork and to purchase items designed by smaller artist like themselve. Tech Level: Very comfortable with desktop and mobile. Open for new tools to improve their work flow. Shoppers Primary Target Audience
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Target Users
Browsers Name: Ryan Age: 32 Gender: Male Location: Dallas User Scenario Ryan is a 32 year old freelance photographer from Dallas, TX. He loves stylize thing for almost every elements of life. He spends most of his free Time finding designed goods online. Browsers' task flow
Landing Page Browse Catgories
Browse Artist Store Site
Browse A Iterm
Use Custom Widget
Wish List Edit Shopping Cart Sign Up Check Out
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Guest Check Out
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Shoppers Name: Joanne Age: 24 Gender: Female Location: New York User Scenario Joanna recently came across the NweStyle website when her friend shared clothing on Facebook from FB. She was very impressed what she saw the clothes and even more impressed when she saw all the artist that had shared their customized work on the site. Shoppers' task flow
Landing Page Log In Browse Catgories
Browse Artist Store Site
Browse A Iterm
Use Custom Widget
Wish List Edit Shopping Cart Check Out
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Target Users
Artists & Designers Name: Ryan Age: 26 Gender: Male Location: San Francisco User Scenariott User Scenario Ryan is a freelance graphics desinger at a company based in San Francisco. Recently he has been searching for a website where he can share and possibly sell his work online. He wants to have his own web front that is easy to work with and easy to get recognised. He will review sales status. He need to
Artists & Designers' task flow
Sign Up Log In
Sale Status Change Tamplate
Edit Design
Edit Store Front Edit Tamplate
Delete Old Design
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Add New Design
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Employees Name: Linda Age: 26 Gender: Female Location: Kansas City User Scenario Linda could have three diffreent job postion back of the site. First one is taking care of the billing and invoice data. Second is to manage the inventory. Last one is account perspective. Good customer service is very important for NewStyle. All three job positions bring a terrific experiences for customers. Account's task flow
Billing Invoices' task flow
Log In
Log In
Sale Status
Orders Status
inventory managers' task flow
Edit Order
Cancel Order
Return Order
Log In Edit Inventory Add New Product
Delete Old Product
Edit Specs Add Photos
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03
[ Competitors ]
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[ Introduction ]
In this part we are talking about three of your competitors they are Threadless, Etsy and District Lines. We will show their web, logo, and their informations. As we know that to understand your competitors can help you to wine the new altitude in your industryďźŒ it also can help you to avoid most of your competitors' problems and create new shopping interests with you customer.
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Competitiors
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[ Threadless ] Pros:
Threadless allowed artists upload their own design to the website. And they can choose integrate the social media services they use.
Threadless is an online community of artists and an e-commerce website.
Customers can find those most popular, most funded and the latest designs on Threadless web. Participate page helps users to know trends and how does the artwork been designed. Customers also can follow the artist by click follow button. After that they can know the new post of that designer.
Threadless is an online community of artists and an e-commerce website based in Chicago, Illinois founded in 2000. Threadless designs are created and chosen by an online community. Users can create acreative and collaborative community that supportsartists. They can vote on original designs and follow inspiring artists.
Cons:
Threadless' focal point
The threadless web almost use only one same model to show clothes.
Vote on original design, mobile services featured designers and artworks.
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Competitiors
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[ DistrictLines ] Pros:
The playful shopping environment of this website really can attracts young people. Lots of social media famous people involved Districtlines web. The special thing of this web attracts young teenagers is their features that provide uniqueness in their products. Customers can find clothes with different art styles from individual artist front stores, and because of the most of artworks are about topics young people likes.
Cons:
The biggest weakness of Districtlines is their chaotic site design. The bad layout design, and low quality product makes this web only can have those low income young people to became their audience.
District Lines is home to the official stores of thousands of musicians, YouTube creators, pop culture brands and more. District Lines is home to the official stores of thousands of musicians, YouTube creators, pop culture brands and more. They provide various vendor categories such as music, pop culture, geek, gaming, and so on so that users can browse their products of interests.
District Lines' advantage The advantage of District Lines are widget to customize and item various vendors.
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Competitiors
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[ Etsy ] Pros:
Etsy is a nice shopping website, most of their user are middle class young people. The high quality photography increase the quality of website. Also helps to create impressive visual design and the beautiful imagery also keeps reminding visitors of the quality of their products. Etsy has the world’s most vibrant handmade marketplace. The elegant front store of different artists also helps promote their reputation in the online marketplace. Also, they did a great job in designing every front store opened by different artists with a united style .
Cons:
Though Etsy is a chic and well organized shopping website, it won't pose much threat to your web because Etsy is a market place that focuses on sales rather than creation. Etsy does not have any customization option for their users.
Etsy is a peer-to-peer e-commerce website.
Etsy is a peer-to-peer (P2P) e-commerce website focused on handmade or vintage items and supplies, as well as unique factory-manufactured items. These items cover a wide range, including art, photography, clothing, jewelry, food, bath and beauty products, quilts, knick-knacks, and toys. Many sellers also sell craft supplies such as beads, wire and jewelry-making tools.
Etsy's strategic focus Etsy's strategic focus area are "Individual Shop, Mobile Services,
curated collection".
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04
[ Scope of work ]
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[ Introduction ]
We are determined to make an exquisite responsive shopping site that would run appropriately on all the major browsers for NewStyle with friendly interface plan and a new, fresh, contemporary visual appearance toward the end of the art work. This work includes the design and development of a site for NewStyle in based on your request for proposal. The goal of this site is to furnish NewStyle with an online nearness and to give all of you the vital information and strategy rules in regards to NewStyle's business operations. For your concern about mobile app, we are not recommended a mobile app for you as an entrepreneurship at first year, because your funds tied through inventory management, logistic, labors,etc. In future, NewStyle will be successful business that have enough time and funds, we would like formulate an app that has great shopping experience based on our NewStyle site.
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Scope of work
USABILITY
SITE SIZE
1. Easy navigation - site that has intuitive navigation with a structure that does notrequire multiple clicks to reach a desired page. (IA Map.)
1. 20 Artists storefronts from 5 storefront templates.
2. Personas and their task flows: Artist, Shopper, Employee. 3. Three rounds of testing (Results): UX, Design.
2. 20 High quality homepage photos (for one months). 3. Pages include Create(widget), Blog, Info,Shop. 4. Shop include Men, Women, Accessories, Top Artists.
WEBSITE STRUCTURE REQUIREMENTS
FUNCTIONALITY
1. Compatibility on all modern browsers and operating system.
1. Built into the selected e-commerce platform (Shopify Enterprise) that has SEO, shopping cart, wish list, shipping details, sales tax issues and secure online payment processing.
2. Development platform requirement. 3. E-commerce platform recommendation. 4. Hosting recommendation.
2. Accepts major credit cards. 3. Payment service recommendation. 4. Search function.
DESIGN & BRANDING
5. User database (user accounts with terms and agreement). 6. Blog.
1. Responsive Design 2. Favicon Design 3. Design that follows these key adjectives: clean,contemporary, innovative, creative, savvy, fresh, dynamic and hip. 4. Revise NewStyle branding to make sure that is in a web safe font, size and color.
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7. Widget for customization. 8. Staff-approved user upload. 9. Links to social media site. 10. Banner Ads. 11. Analytics Stats. 12. Guest check out.
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LAUNCH
1. Staff site training prior launch. 2. Technical support ( for first month after launch).
NOT INCLUDED
1. Content Generation. 2. Branding and identity. 3. Domain. 4. Platform, Server & Hosting Purchase. 5. Long-term Maintenance. 6. Mobile App. 7. Campaigns & Advertisements. 8. Products Database Generation.
SOCIAL MEDIA
1. Four landing pages of different social meida(Facebook, Twitter, Google+, Instagram.)
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05
[Messure of Success]
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[ Success Measurement ]
According to RFP, NewStyle expects a total sales of four million dollars in the first year, and the average purchase is being in the range of $25-$35. We assume that each item is $30, then NewStyle will have 10653 buyers (Completed transactions) per month. In order to measure the success of NewStyle, we have to look at these four key factors: Number of General visitors monthly Social Metrics Numbers of Repeat Visitors Cart abandonment rate
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Messure of Success
Number of General Visitors How to Measure Industry Average: 315,000-346,500 People/Month Based on the average conversion rate for e-commerce, 2.53%, If NewStyle have 10,653 purchasers for each month, then NewStyle will have around 420,000visitors month to month. Likewise, in light of this report, the site movement development rate for online business between 20142015 is around 10%. On the off chance that NewStyle can expand the site movement around 10% ( from 420,000 to 462,000) inside six months and keep the quantity of guests, NewStyle will win about $350,000 every month. The Number of Unique visitors is mostly influenced by NewStyle’s products. However, the primary-contributing part is website design strategies that will also help NewStyle increase its site traffic.
Our Strategy 1. Improve Search Engine Optimization Our highly-qualified SEO consulting from Shopify that will improve your search engine ranking, it will rising the average website traffic and unique visitors.
2. Mobile-friendly web Design As per Comscore's exploration, portable utilization has surpassed desktop use in Jan 2015, and the rate of pursuits that brought about a buy is 78% on cell phones versus 61% made on a PC or tablet. Considering that cell phone proprietors between the ages of 18 to 29 were the well on the way to get to the Internet utilizing their cell phones, and NewStyle's intended interest group are age 18-35. That mean a great deal of one of a kind guests will enter this site by cell phones. Along these lines, having a responsive UI will build the site movement.
3. Integrate social media marketing Adding a social media link and have pages on social media platforms (tamplate for Shopify), such as Facebook, will also help you to increase your website traffic. One of the best benefits of social media for is it will increase NewStyle website traffic. Not only does social media help you direct people to your website, but the more social media shares you receive, the higher people search ranking will be. it can help you to measure each social platforms visitors participate in for NewStyle.
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Social Media Metrics We would suggest to evaluate your success in social media by four rates: Conversation rate, Amplification rate, Applause rate and Economic Value. We would explain how each of the would relate to your success and listed the industry average for the use of compression.
How to Measure
1. Conversation Rate A high conversation rate requires a deeper understanding of who your audience is, what your brand attributes are, what you are good at, what value you can add to your followers and the ecosystem you participate in. Measurement based on number of comments per post.
Industry Average: 2.53% - 2.58%
2. Amplification Rate
Conversion rate mirrors the finished exchanges. On the off chance that NewStyle can expand the transformation rate from 2.53% to 2.8%, there will be 12,960 transactions for each month. In the event that the site is effectively keeping a 2.8% change rate, NewStyle will win about $388,080 every month.
This helps measure what pieces of content (type) cause amplification (allow your social contributions to spread to your 2nd, or even 3rd, level network). Understand times and geo locations and topics and things. Measurement based on number of shares per post
3. Applause Rate How to build the conversion rate? The most productive approach to do it is to build the stickiness of your site. According to report, The amount of time a visitor spends browsing is proportional to the percentage of visitors converse to buyers. This implies the additional time a client remain inNewStyle's site, the more change he/she will really purchase something.
This helps to know what the audience likes and what they don’t. Measurement based on number of favorite clicks per post
4. Economic Value This can help you quantify the economic value created through social media. Measurement based on number of sum of short andlong term revenue and cost savings.
Social Media Chanel
Google+
Youtube
Conversion Rate
0.07
1.67
0.6
0.3
0
0
0
Amplification Rate
0.1
0.33
0.2
0.2
0
0
0
Applause Rate
0.49
86.67
2.2
12.2
0
0
0
Economic Value
7.1
7.64
8.5
8.5
0
0
7.72
Industry Average by social chanels (in %):
source: http://sproutsocial.com/insights/social-media-metrics-that-matter/
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Messure of Success
Social Media Metrics Continued
Number of Repeat Visitors
Our Strategy
How to Measure
1.Better user experience One of the most important aspects of web design is user experience. Once NewStyle have got a visitor to your website it’s critical that they are able to find the information they are looking for in the most efficient way possible.
2. Improve the content quality The other factor to increase the stickiness of your website is to provide website visitors with valuable content. Our content specialist will help NewStyle improve the content quality of the site in first three munth.
3. Interactive design Another way to increase stickiness is to immediately engage website visitors. We will use interactive design to make sure that the information about NewStyle and its products are presented in an nteresting way.
4. Speed up page loading time 1 out of 4 customers will abandon a web page that loading time is over 4 seconds. We will provide a faster website in order to keep customers from abandon web page.
Industry Average: 315,000-346,500 People/Month According the studies by Bain & Company, every 5% increase in repeat customer will lead to an increase in profits of 25%. However, 86% of all online shoppers had only placed one order ever. We assume that NewStyle will increase the average repeat visitor per month from 5% to 10%. That will increase the profits about 25% ($87,666) per month.
Our Strategy 1. Offer Exclusive Insight Create a Blog of NewStyle’s website and make it exclusive for frequent visitors. Use these channels to offer content pertaining to upcoming products, future plans, etc. It’s an inexpensive way to reward visitor loyalty and generate a buzz about your brand.
2. Send retargeting advertisements Retargeting generates greater online sales by keeping your brand front and center and bringing “window shoppers” back when they’re ready to buy. Every time your customer sees your retargeting ads, your brand gains traction and more recognition.
3. Create a Point-Based Loyalty Program A point-based loyalty program where frequent visitors earn points is a great way to reward visitor loyalty.(tamplate from Shopify)
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Cart Abandonment Rate How to Measure Industry Average: 315,000-346,500 People/Month According to Baymard Institute, 67.91% of customers putting items in their shopping cart, but never complete the purchase. If NewStyle can reduce the cart abandonment rate from 67.91% to 50% in the first year, you will earn $1,692,480.
to overcome to complete the sale. We will add a button in the shopping process that opens a window explaining your return/refund policy.
3. Guest Checkout Giving customers an option to checkout as a guest, avoiding the necessity to create an account to make a purchase, helps increase completed sales.
4. Provide a Wider Variety of Payment Options
Our Strategy 1. Display shipping fees ahead of time 57% of people abandoned their shopping cart because they didn’t want to pay shipping costs. Shipping costs should be disclosed prior to asking the customer for payment information. We will built a estimating shipping costs function(based on Shopify tamplate) in order to reduce this number.
2. Communicate return policy If your customer knows you’ll stand behind his/ her purchase if there is any problem, that’s one less obstacle
As much as possible, include a variety of payment options for your consumers. This will make the checkout process easier and help you avoid deterring or alienating customers who prefer to pay through gateways or via online check. This is a key factor when we are recommending Shopify platforms to NewStyle.
5. Reminders It’s quite possible that after some time away your customers decide that they do want to buy after all. It may take a few hours after abandonment to be reminded of what they saw in the items in the first place.
NewStyle Success Scenario With our unique strategy to the site, NewStyle will not only achieve their goal of three million dollars, but also will earn extra profits. General Visitors/Month
Conversation Rate
Completed transaction
As sumptions based on RFP
420,000
2.53%
10,654
Success
462,000
2.8%
12,960
Completed transaction
Sales forecast/Month
Sales forecast/Year
$25-$35
$266,336-$372,913
$3,196,032-$4,474,960
$25-$35
$324,000~$453,600
$3,888,000-$4,474,960
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06
[ Platform & Hosting ]
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[ Platform & Recommendation ]
A considerable measure of e-business platforms has been surfacing lately. As an online store proprietor, you ought to know about the best platforms. These days in order to not get left behind with today’s latest trends in the business and, most of all, to attain/maintain the quality website that you’ve been dreaming of. We’ve scoured the web to find you the best e-commerce platform that fits your need as a start-up online shopping community and here are the top three e-platform we want to recommend to you specifically. Among the many choices we can provide, we would strongly recommend Shopify Unlimited Plan as the best choice since this is good for starters in e-commerce business. It is simpler to keep up contrasted with the other two alternatives furthermore it has a reasonable cost with incredible notoriety in the e-commerce markets. In order to use platform, we estimate 10 templates will use for NewStyle.
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Platform
Functionality Widget/customizable
√
√
√
Search engine optimization
√
√
√
Usability requirements
√
√
√
Responsive
√
√
√
Blog
√
x
√
Customizable simple storefront
√
√
√
Tracking Order/login to account
√
√
√
Can use on dierent browser
√
√
√
Shopping cart
√
√
√
State sales tax issues
√
√
√
Secure payment
√
√
√
Customer service. 24/7 phone & online
√
√
√
Payment method
√
√
√
Search function
√
√
√
Loyalty Program
√
x
x
File upload
√
√
Social media
√
√
x
Modify & review
√
√
√
Adds-on pulg-in
√
√
√
Backend dashboard
√
√
√
Hosting
√
√
x
Marketing requirements
√
Technical and infrastructure
√ means include, and X means not include.
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License fee Plan Version
$299*12*0.9=$3229.2 Advanced Shopify
$199*12*0.9=$2149.2 Pro
2.4%*4M=$96,000 2.4%*7M=$168,000
2.2%*4M=$88,000 2.2%*7M=$154,000
2.9%*4M=$116,000 2.9%*7M=$203,000
$0
$0
$0
$0
$0
$49*12=$588
$0 Included
$0 Included
$1800
Average $130*10=$1300
Average $195*10=$1950
Average $155*10=$1550
$100,529
$92,099
$122,685
$162,198
$215.194
$199.95*12*0.9=$2159.46 Business
Credit card rate fee Only uses ecommerce platform payment solutions.
Transaction fee Uses ecommerce platform payment solutions, no fees.
Gateway Magento charge a monthly fee for gateway service.
Hosting We suggest not use their hosting service.
Theme & Templates Base on RFP, we estimate there at least 10 templates use in NewStyle.
Total estimation (1st year) Base on RFP, we estimate 1st year total expense.
Total estimation (2st year) Base on RFP, we estimate 2st year total expense.
$177,058
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Hosting
[ Hosting ]
Here are three important estmated datas about your website based on RFP. The average conversion rate for ecommerce is typically around 2-3%, so there is over 370,666 visiters per month for NewStyle in rst year. The second year will increase to 648,133 visiters per month. From that we might want to prescribing NewStyle choose a hosting service form companies which provides hosting services professionally rather than using the hosting service provided by your E-commerce platfrom. The explanation behind us to recommend in such way is that expert hosting services can ensure better security for your site. It is basic for shopping site particularly when the site are expecting huge exchanges happening ordinary. More over is batter for customer account security. Here is the three hosting company we feel appropriate to go with.
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Dedicated Server Hosting Price
$228/Month
$248/Month
$129/Month
CPU
4core
4core
4core
RAM (GB)
32GB
16GB
16GB
Storage
4TB
1TB
1TB
Blog
25TB
25TB
25TB
Brandwidth
√
√
√
Linux Servers
√
√
√
Windows Servers
√
√
√
24/7 Customer Support
√
√
√
90 days
30 days
45 days
Money back
We would like to recommend Inmotion Hosting, even though it is not the cheapest solution. It has a good reputation and best money back time compared with the other hosting providers.
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07
[ PHASES, FINANCE & SCHEDULE ]
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PHASE 1
Information Architecture Wireframe User Testing Content Gathering
PHASE 2
Mood Board UI Design Photoshoots Prototype User Testing
PHASE 3
Front - End Back - End Database Fully Functional Test Revise All Design
PHASE 4
Training Soft Launch Hard Launch Limited Support
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Phases, Finance & Schedule
Fees: Exp: Total:
PHASE 1
PHASE 2
PHASE 3
PHASE 4
Subtotal
$61,870 $3,000 $64,710
$36,340 $6,840 $43,180
$98,555 $4,000 $102,755
$17,135 $600 $17,735
$213,900 $14,640 $228,540
Deposit (20% of the total project cost paid up front)
$45,708
PHASE 1 Budgeted at $64,710 1. User analysis As we have identified, there are four different kinds of users for NewStyle website: general customer, artist, browser, and NewStyle employees. We will list all the functions they need, they want, and they like and make a priority of those functions for NewStyle’s specifically. 2. Information Architecture On this step, we will create multiple task flows for each kind of user, because each kind of user needs multiple functions when they use this website, so there may be around 20 task flows for the whole website. When we work on the task flow, first, we list every process in one function. Then analyze and simplify those
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processes and adjust them to the friendliest way. Another goal for this step is to create fast pass that allow users to switch to different functions quickly, because sometimes users start a new task before they finish an old one. we will combine all task flows to one site map. The structure of task flow is linear, each process in task flow is a point, and the structure of site map is dendritically structure. We need to consider how to place those processes, and how to combine similar processes together to create the site map. After that, we also need to think about what a website should have, and what the NewStyle wants to show. Then, put everything in the right position in the site map. create the site map. After that, we also need to think
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about what a website should have, and what the NewStyle wants to show. Then, put everything in the right position in the site map.
PHASE 2 Budgeted at $43,180
3. Wire frame and testing On this step, we will start working on design part. We will design a low- fidelity wireframe for the main functions.
1.Mood Board In this step, we will decide the general roles for visual design. For example, we will decide the color panel, the gride system, and how it responds to the different sizes of browsers. We will also decide how to display the text. For example, we will decide the font family, font size, and line space.
4.User Testing Invite users to different UX testing or upload them to different website. Based on the feedback, we will improve our wireframe and finally design a hi-fidelity wireframe. 5. Content Gathering After the approved hi-fidelity wireframe, we need to check all the content in the website. Based on the contract, NewStyle should provide all the content. We will make a list for NewStyle, and after we receive all the content we will audit and classify which content is good enough and which should be refined or retaken. The content that doesn’t fit the wireframe needs to be refined or retaken. We can do small changes on the existing files. 6. Meeting and milestone We will have meeting at the end of this phase. In this meeting, we will provide the low-fidelity wireframe as the milestone.
2. UI Design In this step, we will start to create the page designs for the whole website. Also, we will help create a guide line about how to build the social homepage and supply some help if needed. Because the different size browsers and different platforms affect the design, we will make multiple designs to suit all the situations. 3.Photoshoots Although you have your own table top product photos. We will offer to work with you to deliver a series of high quality conceptual promotional photos for your homepage sliders. We can divide the photos according to themes or seasons. This will allow the users to see
PHASE ONE Subtotal: Fees $61,870
9 weeks
Exp $3,000
Total $64,710
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Phases, Finance & Schedule
how your products look worn on people and from these photos and styling options. We will have at least five models of different genders and ethnicity to showcase that your products are versatile but also still very stylish. 4. Prototype The biggest difference between devices and computers is how close users will be to the screen. On all devices, no matter phone or tablet, users view the content much closer than on computer. So sometimes even if the size of the tablet and computer browser are same, the design needs to be different. Another difference between tablet and computer is user experience. On a device, users use their finger and on a computer, they use a mouse. For example, hover event cannot show on the device, so the interaction will be different and that also requires different design. 5.User Testing After we approve the content, we will put all the content to the wire-frame we created before, and do another round user testing. Mostly this step is showing NewStyle everything we do is remarkable, and make NewStyle feel confident with their website. 6. Meeting and milestone We will have a meeting at the end of this phase. In this meeting, we will provide the final design for NewStyle website. It’s the last chance to change the design of the website. Then we will start to develop this website.
PHASE TWO Subtotal: Fees $36,340
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4 weeks Exp $6,840
Total $43,180
PHASE 3 Budgeted at $102,755 1. Front-end development In this step, we will build the layout of the whole website, including responsible website and device view. The website design is responsible for the size of the browser, so, we will make it suitable for different platform Based on the contrast, we will only use open source to develop this website. 2. Back-end development NewStyle already has some databases like artist and product, but we also need to build other databases like client database and employee database. Also we need to build a data analysis system which is required by contrast. In this system, NewStyle employees can easily get information like what is the most famous product and who is the top buyer. 3. Database In this step, we will input all the content on both frontend (stable information, like about page and contact information) and back-end (database information, like transfer artist database and create employee database). 4. Fully Functional Test There are two steps for the final testing. First, we do it by ourselves. All the employees who have work on this project will use this website to test their work. For example, visual designer need compare the original design file to the final website layout. Then we will upload the whole website to different comprehensive testing agency do the final testing.
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5.Revise All Design Coding testing includes cross-platform testing, responsible testing, function testing, and much other testing. We will upload our work to different website to do different testing. Based on the testing, we will do the final refine. 6. Meeting and milestone We will have a meeting at the end of this phase. At the end phases, we will provide the final version of the website. This is the last chance to change the website.
PHASE THREE Subtotal: Fees $98,555
Exp $4,000
• All the original file about design elements • A PDF of the site construction • A list of all the library and sources we use in the website. 4. Limited Support After the training and launching, we supply four-week technical support. We will not rebuild the website. We will only refine it if there are some technical problems. If NewStyle has any questions, we are available.
10 weeks
PHASE THREE
Total $102,755
Subtotal: Fees $17,135
4 weeks Exp $600
Total $17,735
PHASE 4 Budgeted at $17,735 1. Training We will send two employees to your company. They will help NeStyle employees understand how the website works, all the permissions they have, and finally, familiarize them with all the functions on the NewStyle website. 2. Soft Launch We will launch the whole website on your hosting. It like a real world testing from our customs. 3. Hard Launch We will launch the whole website after everyting has no problem. We will also deliver many other files:
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08 [Terms of Conditions]
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Basic Terms and Conditions 1. DEFINITIONS As used herein and throughout this Agreement: 1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule A, together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto. 1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables. 1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law. 1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Designer to Client, in the form and media specified in the Proposal. 1.5 Designer Tools means all design tools developed and/ or utilized by Designer in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non- copyrightable concepts such as website design, architecture, layout, navigational and functional elements. 1.6 Final Art means all creative content developed or created by Designer, or commissioned by Designer, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual ele-
ments, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and Designer’s selection, arrangement and
deliverables, may be subject to amendment, change or substitution.
coordination of such elements together with Client Content and/or Third Party Materials.
3. FEES AND CHARGES
1.7 Final Deliverables means the final versions of Deliverables provided by Designer and accepted by Client. 1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Designer and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art. 1.9 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal. 1.10 Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Proposal. 1.11 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. 1.12 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.
2. PROPOSAL The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and
3.1 Fees. In consideration of the Services to be performed by Designer, Client shall pay to Designer fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule. 3.2 Expenses. Client shall pay Designer’s expenses incurred in connection with this Agreement as follows: (a) incidental and out-of- pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost plus Designer’s standard mark-up of Twenty percent (20%), and, if applicable, a mileage reimbursement at 58¢ per mile; and (b) travel expenses including transportation, meals, and lodging, incurred by Designer with Client’s prior approval. 3.3 Additional Costs. The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal. 3.4 Invoices. All invoices are payable within fifteen ( 15 ) days of receipt. A monthly service charge of 1.5% [or the greatest amount allowed by state law] is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any
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Terms of Conditions
current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.
4. CHANGES 4.1 General Changes. Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Designer’s standard hourly rate of Designer’s Hourly Rate of $110 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes. 4.2 Substantive Changes. If Client requests or instructs Changes that amount to a revision in or near excess of fifteen percent (15%) of the time required to produce the Deliverables, and or the value or scope of the Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Designer. 4.3 Timing. Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The
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Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement. 4.4 Testing and Acceptance. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify Designer, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.
5. CLIENT RESPONSIBILITIES Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than the Designer; (b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and (c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic
errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.
6. ACCREDITATION/PROMOTIONS All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in Designer’s name in the form, size and location as incorporated by Designer in the Deliverables, or as otherwise directed by Designer. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
7. CONFIDENTIAL INFORMATION Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise
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properly received from a third party without an obligation of confidentiality.
person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the
the original work of Designer and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the
8. RELATIONSHIP OF THE PARTIES
event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. Designer, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity.
Project by Designer, Designer shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Designer’s knowledge, the Final Art provided by Designer and Designer’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void. (C) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS 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.
8.1 Independent Contractor. Designer is an independent contractor, not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement. 8.2 Designer Agents. Designer shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Designer shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement. 8.3 No Solicitation. During the term of this Agreement, and for a period of six (6) months after expiration or termination of this Agreement, Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full- time, parttime, consulting, work-for-hire or any other kind of basis, any Designer, employee or Design Agent of Designer, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, Client agrees that Designer shall be entitled to an agency commission to be the greater of, either (a) 25 percent of said person’s starting salary with Client, or (b) 25 percent of fees paid to said
8.4 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
9. WARRANTIES AND REPRESENTATIONS 9.1 By Client. Client represents, warrants and covenants to Designer that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables. 9.2 By Designer (a) Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.(b) Designer further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be
10. INDEMNIFICATION/LIABILITY 10.1 By Client. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket
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Terms of Conditions
expenses incurred by Designer in providing such assistance. 10.2 By Designer. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Designer agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Designer’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client provided that (a) Client promptly notifies Designer in writing of the claim; (b) Designer shall have sole control of the defense and all related settlement negotiations; and (c) Client shall provide Designer with the assistance, information and authority necessary to perform Designer’s obligations under this section. Notwithstanding the foregoing, Designer shall have no obligation to defend or otherwise indemnify Client for any claim or adverse finding of fact arising out of or due to Client Content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverable provided by Designer. 10.3 Settlement Approval. The indemnifying party may not enter into any settlement agreement without the indemnified party’s written consent. 10.4 LIMITATION OF LIABILITY. THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF
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OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. TERM AND TERMINATION 11.1 Term. This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered. 11.2 Termination. This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach. 11.3 In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Designer or Designer’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation. 11.4 In the event of termination by Client and upon full payment of compensation as provided herein, Designer grants to Client such right and title as provided for in Schedule A of this Agreement with respect to those Deliverables provided to, and accepted by Client as of the date of termination. 11.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations
of each party under this Agreement, exclusive of the Services, shall survive.
12. GENERAL 12.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Designer’s invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. 12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt (by automated confirmation or substantive reply by the recipient). 12.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party except that this Agreement may be transferred or sold as part of a transfer or sale of the assigning party’s entire business or portion thereof relating to the Project. 12.4 Force Majeure. Designer shall not be deemed in breach of this Agreement if Designer is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state,
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federal, national or international law, governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Designer shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services. 12.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of California State without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of California. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Client acknowledges that Designer will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Designer shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein. 12.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force
and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. 12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect. 12.8 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. This Agreement comprises this Basic Terms and Conditions document, the Proposal, Schedule A, and the following documents as indicated by the parties’ initials: ____ Supplement 1: Print-Specific Terms and Conditions ____ Supplement 2: Interactive-Specific Terms and Conditions ____ Supplement 3: Environmental-Specific Terms and Conditions ____ Supplement 4: Motion-Specific Terms and Conditions By their execution, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the last date of signature, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein.
Schedule A: Intellectual Property Provisions IP 1. RIGHTS IN THE FINAL DELIVERABLES IP 1.1 Final Works. Upon completion of the Services, and expressly conditioned upon full payment of all fees and costs due. Designer assigns to Client all of Designer shall deliver to Client all Working Files related to the Final Works. Designer shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment, and Client shall reimburse Designer for Designer’s reasonable time and out-of-pocket expenses in connection therewith. IP 1.2 Trademarks. Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks. IP 1.3 Client Content. Client Content, including all pre- existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to Designer a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Designer’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement. IP 1.4 Third Party Materials. Intellectual property rights in Third Party Materials shall be owned by the respective third parties. Designer shall inform Client of all Third Party Materials to be procured by Designer that Client may need to license at Client’s own expense, and unless otherwise arranged by Client, Designer shall obtain a license for Client
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Terms of Conditions
to use the Third Party Materials consistent with the usage rights granted herein. Client shall indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by the third party arising out of Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Works at Client’s request.
IP 2. RIGHTS RESERVED TO DESIGNER IP 2.1 Preliminary Works/Working Files. Designer retains all proprietary rights, including property ownership, intellectual property right and Copyrights, in and to all Preliminary Works and Working Files, and Client shall return to Designer all Preliminary Work and Working Files in Client’s Possession within thirty (30) days of completion of the Services. IP 2.2 Original Artwork. Designer retains property ownership in any original artwork comprising Final Art, including all rights to display or sell such artwork. Client shall return all original artwork to Designer within thirty (30) days of completion of the Services. IP 2.3 Designer Tools. Designer Tools and all intellectual property rights therein, including Copyrights, shall be owned solely by Designer. Designer hereby grants to Client a nonexclusive, nontransferable (other than the right to sublicense such uses to Client’s publisher, web hosting or Internet service provid- ers), perpetual, worldwide license to use the Designer Tools solely with the Final Deliverables for the Project. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, or otherwise disassemble or modify any Designer Tools comprising software or technology.
Supplement 2: InteractiveSpecific Terms and Conditions I 1. Support Services I 1-1. Warranty Period. “Support Services” means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies, but shall not include the development of enhancements to the Project or other services outside the scope of the Proposal. During the first 1 months following expiration of this Agreement (“Warranty Period”), if any, Designer shall provide up to 36 hours of Support Services at no additional cost to Client. Additional time shall be billed at Designer’s regular hourly rate, then in effect upon the date of the request for additional support. I 1-2.Maintenance Period. Upon expiration of the Warranty Period and at Client’s option, Designer will provide Support Services for the following 1 months (the “Maintenance Period”) for a monthly fee of $9680 fees of $110 per hour]. The parties may extend the Maintenance Period beyond one year upon mutual written agreement.
I 2. Enhancements During the Maintenance Period, Client may request that Designer develop enhancements to the Deliverables, and Designer shall exercise commercially reasonable efforts to prioritize Designer’s resources to create such enhancements. The parties understand that preexisting obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided on a time and materials basis at Designer’s then-in- effect price for such services.
I 3. ADDITIONAL WARRANTIES AND REPRESENTATIONS
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I 3.1 Deficiencies. Subject to the representations and warranties of Client in connection with Client Content, Designer represents and warrants that the Final Deliverables will be free from Deficiencies. For the purposes of this Agreement, “Deficiency” shall mean a failure to comply with the specifications set forth in the Proposal in any material respect, but shall not include any problems caused by Client Content, modifications, alterations or changes made to Final Deliverables by Client or any third party after delivery by Designer, or the interaction of Final Deliverables with third party applications such as Web browsers other than those specified in the Proposal. The parties acknowledge that Client’s sole remedy and Designer’s sole liability for a breach of this Section is the obligation of Designer to correct any Deficiency identified within the Warranty Period. In the event that a Deficiency is caused by Third Party Materials provided or specified by Designer, Designers sole obligation shall be to substitute alternative Third Party Materials. I 3.2 Designer Tools. Subject to the representations and warranties of the Client in connection with the materials supplied by Client, Designer represents and warrants that, to the best of Designer’s knowledge, the Designer Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by Client or third parties.
I 4. COMPLIANCE WITH LAWS Designer shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the known relevant rules and regulations. Client, upon acceptance of the Deliverables, shall be responsible for conformance with all laws relating to the transfer of software and technology.
Cohere
Producer: Cohere
Client: Newstyle
180 New Montgomery Street, San Francisco, CA 94102
180 New Montgomery Street, San Francisco, CA 94102
Signed:
Signed:
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[ About us. ]
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Cohere
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About us
Our Team
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Qian Ji
Sheng Pang
Evan Wu
Qian has already worked on Web design field 6 years, and she workes in various roles in client services, business development and project management. Qian found Cohere in 2016, and she is our producer. The thread that ties all of her works together are create digital solutions that transform businesses and also created brand experiences.
Sheng is our visual designer. As Visual Designer Sheng uses his design skill to create all kinds of digital products and UI UX design. He has 7 years design experience in web design, motion field. Sheng stay focuses on visual story creating and high efficiency design.
Evan has 6 years coding experience in front end coding field. He has lots of enthusiasm in coding, and that helps him to create a very high efficiency and perfect quality working style. His good at Xcode, html5, JS, jQuery, Android Studio, and other coding languages.
Cohere
Our Works
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About us
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Cohere
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THANK YOU FOR YOUR PRECIOUS TIME.
Tel: 415-713-2385 Addres: 180 New Montgamory Street E-mail: www.cohere.com
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Cohere
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Platform & Hosting
www.coheredesign.com
180 New Montgomery Street, San Francisco, 94107 62