This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer but is localized for the U.S. (with $ signs and some small spelling and grammatical tweaks). Other changes:
- Since I am a one-man shop, the pronouns of "we" and "us" were changed to "I" and "me."
- Changes the language a bit to make room for the modification or customization of content management systems and template designs.
- Since I occ... show moreasionally offer website hosting services, I took out the whole bit about not being a website hosting company.
- Expanded the Payments section to be Payments & Fees section that details the rate for work that extends beyond the initial scope of the project.
Between Designer's Name at Company Name and Customer's name .
I will always do my 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. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties, now and in the future.
You, Customer's name, are hiring Company Name located at Company's Address to design and develop a web site for the quoted total price of $ Price outlined in our previous correspondence. The agreed payment plan is at the end of the document in the Payment & Fees section.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of you or your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, and to 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.
I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set, but I 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 my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.
Details of the works
I will create or customize designs for the look-and-feel, layout and functionality of your web site. 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 me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at the hourly rate detailed in the Payment & Fees section below.
HTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, I will develop these using valid HTML5 markup and CSS3 for styling. I will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. I will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
I 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, Mozilla Firefox or Opera unless otherwise specified.
I am not responsible for writing or inputting any text copy unless we specified it in the original estimate. I'll be happy to help though, but would charge you at $ Hourly Copy Fee per hour, including a free initial consultation, for copy writing or content input.
If needed, you will supply me photographs in digital format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for or taking appropriate photographs will be charged at $Hourly Photo Fee per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions
I 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. I don't want to limit either your options or your opportunities to change your mind.
The quotation prices at the beginning of this document are based on the number of days that I estimate I'll need to accomplish everything that you have told me 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 hourly rate set out in the Payments & Fees section below. Along the way I might ask you to put requests in writing so we can keep track of changes.
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, I can set up an account for you at one of my preferred, third-party hosting providers. The cost of installing your site on this server is included in the quotation price of this project and will not be a separate charge.
30 days after your site is live and accessible online to the public, I will provide technical support and troubleshooting free of cost. After the 30-day period, the updates to, and management of that server, plus any support issues for which you need my assistance can be provided but will charged at the hourly rate set out in the Payments & Fees section below.
I can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so I 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 web site and any other web pages, even if you have advised me 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 me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by your good self, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that I create for you for this project. I will give you a copy of all files and you should store them really safely as I are not required to keep them or provide any native source files that I used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. I own the XHTML markup, CSS and other code and I license it to you for use on only this project.
I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Payment & Fees
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you'll want to stay friends, 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 execution of this agreement: $Deposit Fee
Remainder of fee payable not more than 14 days after receipt of finished product: $Remainder of Fee
Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product.
A $Hourly Production Fee hourly rate shall govern additional work beyond the maximums and scopes specified above and in the project quotation for such services as general Internet orientation education, server or Content Mangement System maintenance, marketing consulting, design, editing, and art, photo, or graphics services.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without my 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 the courts of New York state.
Everyone should sign above and keep a copy for their own records.