I use this for the individual projects I work on for a marketing company that subcontracts me to do their client websites.
It is based on Plain Language Guidelines.
This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer
Between Designer's Name and Marketing Company'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.
You, Marketing Company's name, are hiring Designer's Name to tweak or develop a web site for your client (on your behalf), Client or Biz Name, for the estimated total price outlined in my previous correspondence. The agreed payment plan is at the end of the document.
What do we both agree to do?
As my customer, you agree to provide me with everything that I need from your client to complete the project including text, images and other information as and when I need it, and in the format that I ask for. 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 will maintain the confidentiality of any information that you give me.
I will create designs for the look-and-feel, layout and functionality of your client's web site, or you will provide me with a theme or template for the CMS system you choose (WordPress, etc.).
HTML/CSS layout templates
I will test the site in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera.
I will not run tests in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows, or Mac unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, I will charge you at the rate set out in our original estimate for any necessary additional code and its testing.
I will make sure the website layouts are responsive for views ranging from mobile phones to desktop computer monitors.
I may responsible for integrating your content as discussed in my original estimate. However, If anything deviates from that discussion, I will charge you at $Rateper hour.
Changes and revisions
I know from 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 end of this document are based on the number of days that I estimate I'll need to accomplish everything that you have told me your client wants 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 rate set out in the estimate I gave you. Along the way I might ask you to put requests in writing so we both can keep track of changes.
I am not a web site hosting company and so I only offer limited technical support for web site hosting, email or other services relating to web site hosting. You and your client are responsible for choosing a host company based on my previous suggestions. If you do require help with anything beyond the tweaking and development of the site, I'll be happy to help. I will also be happy to speak to your client's hosting company on your behalf.
Backups and Performance
I highly recommend that your client perform regular backups of their website once it is complete. I also recommend that they perform regular updates to plugins, theme, and CMS software. I cannot be held responsible for any website damage, performance issues, or failures due to their misuse or negligence of any associated software(plugins, CMS, scripts).
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 resulting from the operation of or inability to operate this web site.
You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by your client, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
You/your client 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 really safely as I am not required to keep them or provide any native source files that I used in making them.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you'll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
Total estimated fee upon agreement of initial design/theme selected: $Total Fee
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 and keep a copy for their own records.