Terms and Agreements
Summary We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future. In short You are hiring us (The Firm, Inc.) to produce this project for the budget previously outlined. Of course it’s a little more complicated, but we’ll get to that. What do both parties agree to do? As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. 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 too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract. 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 endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if there are delays in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us. Design If the project includes design work, we will create designs for the look-and-feel, layout and functionality for this project as warranted. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the rate set out in our original estimate. XHTML/CSS layout templates If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past its sell-by date. We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the rate set out in our original estimate for any necessary additional code and its testing. Text content We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at $128 per hour for copy writing or content input. Photographs You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at $128 per hour. Changes and revisions The estimate/quotation prices at the beginning of this document are based on the amount of time that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes. Technical support You may already have professional hosting; you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you. We are not a hosting company and so we do not offer or include technical support for hosting, email or other services relating to hosting. If you do require help with anything beyond the design and development of this project, we’ll be happy to help and will charge you $85 per hour. Legal stuff We can’t guarantee that the functions contained in any templates or in a completed web site 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 site and any other pages, even if you have advised us of the possibilities of such damages. 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. Copyrights You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in this project are either owned by your good selves, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them. You also own text content, photographs and other data you provided, unless someone else owns them. You own the XHTML markup, CSS and other code. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. Payments We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule: All projects over $2,000 require payment in full. If payment is not received within 24 hours of project completion we have the right to charge your credit card the outstanding balance.
For projects under $2,000, 50% of the estimated costs are due prior to us getting started. This ensures us that you are serious about this project and gets us the funds to put towards any costs we may incur while getting underway. We send our invoices monthly, expecting to not have to invoice the following month for the same thing. That should give your accountants plenty of time to inquire about your budget for this project and send payment. Should the Project become cancelled, either at the request of the Client or as a result of the Project being placed on hold for a time period exceeding one month, the Client agrees to pay the full fee(s) of any completed and/or in-progress stage(s) and/or phase(s)of this Project as outlined above. This is in addition to the initial non-refundable deposit of fifty (50) percent of the estimated total budget. Should any phase or stage of the Project be placed on hold for a time period exceeding one (1) month, The Firm reserves the right to increase the agreed-upon Project fee by thirty (30) percent. Should any phase or stage of the Project be placed on hold for a time period exceeding one month, the Project shall be considered cancelled and the above cancellation fees will apply. Cancellation or Project holds may result in The Firm’s retention of control, removal of the Project, and/or re-appropriation of any and all materials and designs created for the Project. Completion of the Project and full payment for any and all fees and expenses is necessary for any assignment of rights to the Client for full use of any in-progress or completed materials. In the event you are not happy with us after completion of the project, all current assets used for the project will be made available for your download pleasure for 30 days and we’ll do what we can to make the break-up as painless as possible. But where is all the horrible small print? Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of California courts.