This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer
Between Designers Name(s) at Designers Business Name and Clients Business
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 things go 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.
You, Clients Business, are hiring Designers Business Name located at Business Location to design and develop a website for the estimated total price of $ Total Price outlined in our previous correspondence. The agreed payment plan is at the end of the document.
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. 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 you have been late 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.
Details of the Works
We will create designs for the look-and-feel, layout, and functionality of your website. 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 hourly rate of $Hourly Fee set out in our original estimate.
HTML/CSS Layout Templates
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling via WordPress. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, and Mozilla.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple's Safari or Mozilla Firefox unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you a separate estimate for any necessary additional code and its testing.
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 $ Hourly Fee per hour *1 hour minimum*, including a free initial consultation, for copy writing or content input.
If needed, you will supply us photographs either in digital format. If you choose to use stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at $Hourly Fee per hour *1 hour minimum*, after a free initial consultation to determine if this is the best route to take.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the number of hours that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you 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 hourly rate of $Hourly Fee*1 hour minimum* 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.
You may already have professional website hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own website 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 of $45 for installing your website on this server; then the updates to and management of that server, plus any support issues, will be up to you. If you’d like for us to host your website, our starting rate is $22 per month or $250/year but may increase based on size of the website and visitor count. We will charge an additional $Hourly Fee per hour *1 hour minimum* for any management updates that need to be made. For the average user we usually only make updates 1-2 times per year - We will notify you if there are any updates that need to be made prior to us billing you. This rate does not include email or other more-advanced server set-ups. For additional hosting services, we can provide a separate estimate.
We are not a website hosting company, but offer or include limited technical support for website hosting, email or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, we'll be happy to help at an hourly rate of $Hourly Fee*1 hour minimum*.
We are not primarily a domain service; however, we can suggest domain providers that we’ve previously worked with. If you’d like for us to handle all the technical aspects of obtaining a domain name on your behalf, our going rate is $20 per year - subject to domain reseller pricing.
Each week, a server back-up is automatically conducted on our behalf, which is included in the going rate for our hosting services. If you choose to terminate the use of our services where we will no longer have access to the website, we will perform a final back-up of the website and transfer it via OneDrive with a direct link for Clients Business to download within five (5) business days of notice of termination.
Upon written notice that Clients Business received the transferred copy file of the website back-up, we will then clear our final copy of the website from our computers and media.
Search Engine Optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. Additional SEO optimization will be billed at $22/hour *1 hour minimum*
We can't guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
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.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selfs, 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 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, all of WordPress, as well as other code, unless someone else owns them.
We own the additional paid WordPress plugins that we install and their respective licenses, and we pass these licenses to you for use on only this project. If you would like to own the WordPress licenses outright, we can pass those costs onto you at at-cost price with no additional charges from us.
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 websites, in magazine articles, and in books about web design.
We are sure you understand how important it is as a small business that you promptly pay the invoices that we send you. As we're also sure you'll want to maintain a friendly business relationship, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
50% of total estimated fee upon agreement of initial design: $50% total
Remainder of fee payable not more than 14 days after receipt of finished product: $remainder
All payments shall be billed and made payable through PayPal.
Business Billing Info:
Designers Name(s)[Designers Email
Designers Business Name, Business Location
Customer Billing Info:
Client Name [Client Email]
Clients Business, Client Billing Address
Monthly services shall be billed at a frequency of once per quarter - four (4) times per fiscal year - and shall be sent on the 15th day of the calendar month prior to the new quarter; or
once per year with one (1) full payment on the first day of the contract year.
Additional tasks shall be billed at an hourly rate, as mentioned, and shall be sent on the last day of the given calendar month.
All fees shall be paid in full not more than 15 days after receipt of finished product.
Interest accrued if payment is more than 15 days late is five percent (5%) of outstanding amount to be added every seven (7) days, starting from 16th day after receipt of finished product.
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 U.S. courts.
By signing, both parties agree to adhere to all parts of this contract and understand the consequences should any part of this contract be broken.
Owner(s), Designers Business Name
Everyone should sign above and keep a copy for their own records.