This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer
Between Designer's 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 Designer's Name located at Company's Address to design and develop a web site for the estimated total price of $Price outlined in my previous correspondence. The payment plan is at the end of this document.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of 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 request. You agree to review my work, provide feedback and sign-off approval in a timely manner too. 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 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 daily rate of $Daily Rate.
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 my markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google and Opera.
I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 9 or earlier or previous versions of Apple's Safari, Mozilla Firefox, Google Chrome or Opera unless otherwise specified.
I am not responsible for writing or editing any text copy unless otherwise specified. I'm happy to help though, and in addition to the estimate I will charge you at $Hourly Copy Fee per hour, including a free initial consultation, for copy writing or content editing.
If needed, you will supply photographs either in digital or printed 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 additional photographs are necessary.
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 estimate/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 of $Hourly Design Fee. Along the way I might ask you to put requests in writing so I can keep track of changes. No additional fees shall be charged without written approval via email.
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, and are interested in having me host your website, I can set up an account for you via a separate annual contract. No guarantee of web site hosting is indicated within this document.
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 me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the web site are either owned by you 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 safely as I am 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.
You agree to adhere 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: $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.
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.
Everyone should sign above and keep a copy for their own records.