Website Development Agreement – Empowered Media Group & Espoused Events
We’ll always do our best to fulfill 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’ve 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 Espoused Events are hiring us Empowered Media Group to develop a web site based on the specifications previously discussed for the estimated total price of $1575 as outlined in our previous correspondence.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or
your organization. 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
too. 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 with you and we’ll do it all in a professional and timely manner. We’ll endeavor to
meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
We build web sites using best practice techniques which conform to web standards. We believe
in creating sites which are easily accessible to all, so we place a high focus on accessibility and
usability. We are experienced in a number of development platforms, and would have made
recommendations on the best to use for this project. If any platforms for the project require
premium licences, you will need to obtain said licences, and supply us anything required to
make the platforms work; i.e. source code, assets, documentation and licence keys, etc. If you'd
like us to obtain platforms on your behalf, we can provide a separate estimate for that.
We will be taking on the role of a design studio on this project, though it will not be our sole
responsibility to provide front end mock ups as the client has stated they will be providing them
to us. Due to the nature of the web, and our own high standards, if we feel that any particular
aspects of design for this project are unsuitable, we will do our best to explain why and offer
alternatives. If you wish us to use third-party templates, you should supply them to us in full, including any
source files, assets and documentation they include. If you'd like us to make recommendations
on templates, we can suggest template libraries. If you'd like us to supply website templates, we
can provide a separate estimate for that. We reserve the right to choose the best method of implementing any
designs/templates supplied to us for the project, taking aspects such as accessibility and usability into account,
inaccordance to our standards.
We’re not responsible for writing any text copy. Thought we will be responsible for inputting the
text content. If you’d like us to write new content, we can provide a separate estimate for that.
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 take photographs for
you to use, we can provide a separate estimate for that.
Browser testing no longer means just 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
We test our work in current versions of major desktop browsers including those made by Apple
(Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test
to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different,
experience. We’ll implement a single column design for Internet Explorer 7 and below for
Windows and 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:
Android: Google Chrome
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.
This contract does include hosting, and hosting related services like email. You may already
have professional hosting and you might even manage that hosting in-house; if you do, great. If
you don’t, we will 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.
Changes and revisions
We know from experience that fixed-price contracts can 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 estimate we’ll need to accomplish everything you
have told us you want to achieve, but we’re happy to be flexible. If you want to change your
mind or add anything new, that won’t be a problem, as we’ll be able to provide a separate
estimate for that.
Working with others
If required for the project, we are happy to work with third-parties who are able to provide
additional skills. To ensure a smooth build process, we will require direct access to them, in
accordance to the separate agreements you have with them.
Because we want you to be happy with the site we create for you, there will be two opportunities
during the build to review and sign-off our work. Though we will be providing you with frequent
updates and the ability to review work as we complete sprints, the first major review will be at a
suitable pre-arranged half-way point, while the second major review will be upon completion of a
working site for you to preview. If, at any stage, you're not happy with the direction our work is taking, you'll
pay us in full foreverything we've produced until that point and cancel this contract. This option may only be
executed if both parties are not in breach of contract and have complied with all directives on
Because of the volatility of the internet changing so frequently 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 have
advised us of them. However we will work within reason to fix any issues that may arise from the
site that would require our expertise. 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 selves, or that you gave permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and
finished files and you should keep them somewhere safe as we’re not required to keep a copy.
You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete build and we’ll
license that you, exclusively and in perpetuity for this project only. The client has the right to
transfer this license at his or her own discretion.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 portfolio and to write about it on websites, in magazine articles and in books.
We’re 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. Should a payment not arrive on schedule, work will immediately
be halted. We are not responsible for any delays that missed payments cause. Should a
payment arrive more than 7 days late, a late fee of 5% will be applied. An additional 5% fee will
be applied for each 30 days the payment is late. In return, if EMG misses a deadline and does
not complete it within 7 days of the deadline a 5% deduction of the outstanding balance amount
will be deducted from the overall project cost. If a deadline is uncompleted for more than 30
days an additional 5% will be deducted as well.
1. 50% Deposit to begin project.
2, The remaining balance (Remaining 50%) will be paid upon completion of the project and
before the final build is launched.
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 American courts