This is a version of Andy Clarkes Killer Contract along with elements of Sean Johnson's Contract tweaked to suit our business & workflow.
Between us Nebulo Strata and you customer name
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We don’t want you to sign something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You (customer name), located at customer address are hiring us (Nebulo Strata) located at company address to design and develop a web site for the estimated total price of £ as outlined in our estimate Number. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We will endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner. You will endeavour to meet the dates we set together for the delivery of all project content and for final proofing. You also agree to abide by the payment schedule set out at the end of this contract.
Design and Content
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. Depending on the project we may well provide a static visual for a key template. We may also use static visuals to indicate a look-and-feel direction (colour, modules and typography) much like a 'mood board.’
Feedback and alterations
You’ll have ample opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll have the opportunity to discuss this with us. Any requests for revisions or alterations will be questioned against your business goals for the project as well as any user stories we may have in place. In the unlikely case that no suitable resolution is available, you will pay us in full for the work we have produced to that point in time, creating the opportunity to cancel this contract.
If any person within your organisation wishes to provide feedback, request alterations and/or contribute to the project, they must be involved from the outset and included in all discussions throughout.
We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
Images & Logos
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you or create bespoke imagery, we can provide a separate estimate for that.
Website code, testing & compatibility
Browser testing no longer means attempting to make a website look the same in all browser versions or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of the browser/device they are using.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) & Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 10 for Windows users get an appropriate, possibly different, experience. We will not test below Internet Explorer 10 and other older browsers unless it's specifically part of the project brief. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
iOS: Safari, Google Chrome and Opera Mini on Iphone and Ipad.
We test Android 4.0 using browserstack, an online emulator service.
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
Content Management System (CMS) Training
If we integrate a CMS into your website we will provide one training session at our studio or over Skype. This usually takes a couple of hours. You will be able to put your new skills to practice on your development website whilst adding the content. We are happy to provide additional help via email or phone.
Ongoing Support & Hosting
We provide a 4 week warranty period following the launch of the website, during which we will provide bug-fixes, advice, guidance and support. After this warranty period we can provide support, maintenance and upgrades to the CMS software, as and when required. These will be chargeable and quoted for separately. The warranty period does not include carrying out feature changes or new features.
Site Software Maintenance
If we supply you with a CMS for your website, we would advise that you keep the software and associated plugins up-to-date. This ensures you benefit from any developments in the software and you keep your site as secure as possible. If you would like us to maintain you site, we can provide a separate estimate for that. If you don't maintain your site, any problems that occur due to out-of-date software, will be your responsibility.
You may already have professional web site hosting, you might even manage that hosting in house. If that's the case, great. If you don't manage your own web site hosting, we can set up an account for you on servers rented from a third party. We will charge a yearly fee that will include the initial installation, appropriate storage space and bandwidth for your website. We cannot be held responsible for any downtime you may experience with the server and/or your website. Any trouble shooting related to downtime will be taken up with the hosting company on your behalf. Updates of the server software, and hardware repairs, are performed on a routine basis by the hosting company.
Website Operability & Indemnity
We aim to provide a solution that is user-focused and designed to achieve your business goals, however, once the work is put live, there are many factors outside of my control that can greatly affect its performance such as your brand reputation, marketing efforts and website traffic. As such, we cannot be held responsible for a project not achieving its goals.
We cannot guarantee that the functions contained in any of your web page templates or in your completed website will always be error-free. This is due to the possibility of mistakes in custom code and over time the constant evolution of devices, browsers and Internet technologies. We therefore can't be liable to you or any third party for damages, including lost opportunities, lost earnings, or other incidental, consequential or special damages arising out of the operation of or the inability to operate your website, even if you have advised us of the possibilities of such damages.
We will always do our utmost to fix errors in a timely manner when they are brought to our attention. Fixing errors after our warranty period or relating to your uploading of content will normally incur a fee. If you have taken out our maintenance and support package, we will ensure that your website software is updated whenever there are new versions available.
Search Engine Optimisation (SEO)
We have good on-page SEO principles built into our websites as standard, however SEO services — including, but not limited to, keyword research, competitor analysis, content optimisation and link building — are not provided, and we make no guarantees, implied or otherwise, that your website will obtain a specific placement in the search engine rankings.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you hold permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You own all elements of text, images and data you provided, unless someone else owns them.
We own all elements of text, images and data that we provide and the unique combination of all these elements that constitutes the complete design.
We will allow you exclusive and perpetual usage of the design for this project only, unless we agree otherwise. We can provide a separate estimate for further usage.
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
Fees & Payment
We’re sure you understand how important it is to us as a small business that you pay our invoices promptly.
For projects below £4999 we will invoice for 50% of the estimate at the start of your project and the remainder upon the delivery of the development site.
For projects above £5000 we will invoice for 33% of the estimate at the start of your project, 33% at an agreed halfway point and the remainder upon the delivery of the development site.
Once we receive your initial payment we will schedule your work and discuss timescales. We ask for your final payment before launching your finished website.
If we have provided an estimate for this project it is based on the length of time we believe it will take build the website outlined in your brief. We use our years of experience to estimate project times but websites are complex and often unforeseen issues can arise which may mean we need to revise our estimate. In this case we would have a discussion with you as soon as possible.
If ideas for new features are discussed after our estimate is agreed, that won’t be a problem, we can provide a separate estimate for any new work.
If we are working to a fixed budget we will regularly report on time spent and progress so you have an understanding of how the project is progressing. At the beginning of the project we will agree the websites functionality & features and create a prioritised task list. We will then work through the tasks and get as many done for you as possible within the budget. Before starting work we will check that the budget is fit to get the high priority ‘must have’ tasks completed.
Just like a parking ticket, you can’t 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 English courts.
Phew you made it to the end... and you've earned a free coffee at our studio!