Website Development Agreement – Empowered Media Group & Espoused Events

Website Development Agreement – Empowered Media Group & Espoused Events

Summary:

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

Development

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.

Design

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.

Text content

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.

Images

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

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:

iOS: Safari

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.

Technical support

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.

Review process

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

both sides.

Legal stuff

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.

Copyrights

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.

Payments

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

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