Heavily adapted version of Contract Killer 3 for use with Pancake Creative web site maintenance. Original contract is available here: http://stuffandnonsense.co.uk/projects/contract...
Between us, company name, and you, customer name.
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 customer name, located at customer address, are hiring us, company name located at company address to host and maintain a web site for the monthly price 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 yourself, your company or your organization. You’ll give us everything we need to host and maintain your website 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 make regular and thorough backups of your site so that it may be fully restored in case of loss. We'll make backups of your file system at least once per month, and we'll make backups of your web site database at least once per week, until this contract is terminated.
A large part of web site security is making sure your software stays up to date, and we do just that. Unfortunately, technology is rapidly advancing, and we can't guarantee that your product won't be subject to security breaches. We will, however, do our best to make sure that your software stays up to date. As far as security, we recommend that you use strong passwords and observe standard security practices.
Updates and upgrades
We will monitor your website functionality to ensure that everything is working as it should and upgrade where necessary. Should the time necessary to complete such upgrades exceed the monthly allotted limit, we can provide a separate estimate for that.
We’re here should you need us for consultation, advice and guidance on using the web site, and we'll make every effort to answer your questions and requests in a quick and timely manner. This means that we'll respond to your maintenance requests no later than 48 hours on weekdays, and 72 hours on weekends.
This contract does not include any web site design, redesign, re-alignment or re-development services equalling more than 50% change to web page, web site, or web graphics on the website. This contract also doesn't include CMS design or integration like adding or changing blogs, shopping carts and web forums. If you’d like us to redesign your site or do some design work for you, we can provide a separate estimate for that.
Monthly time limits
The agreed-upon monthly price of ₱2,500 per month includes a maximum of 2 hours of work per month, with any extra work billed at the cost of ₱500 per hour. These 2 hours are generally plenty of time to perform standard web site maintenance, but if we do need more time to maintain your site, we won't go over the agreed-upon 2-hour limit without first making out a separate estimate and getting your approval.
Access and authorization
You also authorize us to access your website's admin dashboard if any, and to provide active user name and password combinations for access to different services related to hosting and maintaining your website.
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.
We’re sure you understand how important it is 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.
Monthly prices for web site hosting and maintenance are due up front in the amount of ₱2,500 before any hours of work have been completed. For hosting and maintenance plans, we try to bill as close to beginning of the month as possible, and respectfully request that all payments be submitted within 15 days of receipt of invoice. Should a payment be late, company name reserves the right to freeze all work until accounts are settled, and to charge a 1.5% late fee on the outstanding amount compounded monthly. Payments will be made via Cash or Check to:
company owner name
company mailing address
This agreement remains in effect until either you or we cancel it, or the term of the contract runs out. You may cancel this contract at any time by providing thirty (30) days written notice, provided that all payments are up-to-date. Should you decide to cancel this agreement, you acknowledge that that no refunds will be given on amounts you've already paid. You also authorize us to charge your credit card or other payment method for any payments that remain outstanding.
We reserve the right to cancel this agreement at any time, for any reason, and without prior notification. Should we decide to cancel this agreement, we'll send you a cancellation notice either electronically or in writing. We'll send this notice to the physical or email address we have on record.
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 The Republic of the Philippines courts.
Oh and don’t forget those men with big dogs.
The dotted line
Signed by company representative name on behalf of company name
Signed by customer name on behalf of customer company
Everyone should sign above and keep a copy for their records.