This is a web contract.
Date: Today's Date
Between us Tirzah M. Johnson, Paty Ventura and you Amy T. Wister
We will always do our best to fulfill your needs and meet your expectations, but it is important to have things written down so that we all know what is 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 have no desire to trick you into signing 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, Amy T. Wister, are hiring Paty Ventura and Tirzah M. Johnson to design and develop a website MVP for the estimated total cost of $2,500 as outlined in our previous correspondence.
Of course, it’s a little more complicated, but we'll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of you, your company or your organization. You’ll give us everything we need to complete the project as, when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed upon in the estimate and will do it all in a professional and timely manner. We will endeavor to meet every deadline that is set and we will maintain the confidentiality of any information you give us.
Getting down to the nitty-gritty
Paty Ventura will create flexible look-and-feel design layouts that adapt to the capabilities of many devices and screen sizes. We won’t waste time mocking up every template as a static visual. She may use static visuals to indicate a look-and-feel direction such as color, textures, and typography. We call that ‘design atmosphere.’
You’ll have opportunities to review our work and provide feedback through Basecamp or conference calls.
If at any stage, you’re not happy with the direction of our work, you agree to pay in full for everything produced up until that point at a rate of $65.00 per hour spent. This will effectively cancel this contract
We are not responsible for writing 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.
We understand that at times, depending on the projects, we will be asking for a credit card or access or passwords for accounts. We promise to you and your company that we will keep that information safe & secure, and will only use it for its intended purposes.
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, we can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities 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 a browser or device.
Desktop Browser Testing
Tirzah M. Johnson will test her work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. Tirzah M. Johnson will also test to ensure Microsoft Internet Explorer 10 for Windows users get an appropriate, possibly different, experience. We won’t test in other older browsers unless you specify otherwise. 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
Android: Google Chrome, Firefox and Opera Mini Browser, Firefox
Tirzah M. Johnson does not currently 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.
Tirzah M. Johnson is not a website hosting company so she does not offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then the updates to the management of that server will be up to you.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimated we will need to accomplish everything you want to achieve, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we will provide a separate estimate for that.
We can’t guarantee that our work will 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, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good self or that you have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that we create for this project. We will give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all elements of text, images, and data you provided unless someone else owns them.
We will own the unique combination of these elements that constitute a complete design and we will license that to you, exclusively, and in perpetuity for this project only unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolios and to write about it on websites, in magazine articles, publications, and in books.
Basecamp will be our primary source of communication. No phone calls or texts, please. We try to respond to email as fast as we see the notification, however, if not, we will respond no later than 24 hours.
No refunds will be given if the client cancels on this project. 50% of the project will be refunded if we, Paty Ventura and Tirzah M. Johnson, need to cancel this project.
We are sure you understand how important it is as a small business that you pay the invoices we send you promptly. As we are sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
Hourly Rates + Overtime
Instead of charging per project, we prefer to charge per hour. That way it’s easier for both of us to communicate on deadlines and the timeline of the project.
Our hourly rate for projects is $65.00 per hour. Our overtime hourly rate for projects is $105.00 per hour.
Payment 1: Research & Design Deposit - $1250.00
Due: At contract initiation.
Payment 2: Development & Deployment Deposit $625.00
Due: Week 5 of the project
Payment 3: Remaining Balance $625.00
Due: At project completion
Payment 3 encompasses any additional expenses accrued beyond the allotted design & development budget. We will send an estimate for approval for any additional assets or services that are necessary to complete your project.
But where’s all the horrible small print?
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, United States, and Welsh courts.
The dotted line
Signed by Tirzah Johnsonand on behalf of Tirzah MJ Design & Development
Signed by Paty Ventura and on behalf of Paty Ventura, Visual Design
Signed by Receiver's Name and on behalf of Receiver's Company
Everyone should sign above and keep a copy for their records.