Hey readers from A List Apart. The canonical, original version of Contract Killer 3 is here: http://stuffandnonsense.co.uk/projects/contract...Edit Summary
Between we, Webstishio, L.L.C and you, Cold River Mining CORP
We’ll always do our best to fulfil 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 (Cold River Mining CORP), located at P.O Box 501, Turners Falls, Massachusetts, are hiring us (Webstishio, L.L.C) located at 3925 Hycliffe Ave, Louisville, KY 40207 to migrate Cold River Mining to Shopify for the estimated total price of $7,886 as outlined in our estimate. 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 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’re not responsible for writing any additional copy, outside of the minor tweaks we previously talked about. We will migrate all existing copy over to the new website unless told otherwise. We will create all products in Shopify to reflect the products you currently offer.
You should supply any additional 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, we can provide a separate estimate for that.
Browser testing no longer means 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 (Edge) and Mozilla Firefox. 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, Google Chrome
Android: Google Chrome, Firefox
We currently don’t test any other browsers not listed above. If you need us to test using these, we can provide a separate estimate for that.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. Since your website will be hosted on Shopify, their support team should be able to handle any Shopify related support questions. Since we are building the site however, we will always do our best to answer and assist any questions or concerns that may arise. However, any support that may come after the build has completed will just be billed the standard hourly rate ($100).
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they 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’ve 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 provide a separate estimate for that.
Assumption of subscriptions
We will absorb the cost of Shopify during the development phase. Once the final product has been approved and signed off, at that time the Shopify store will be transferred to you and you will assume the Shopify subscription and fees.
We will provide you with a free 1-hour training session in which we will show you how to use the Shopify, maintain, and use your website. Documentation and training videos will also be provided if necessary.
Alpha and Beta Testing
Testing the website is critical prior to releasing it to the world. There are two types of testing that will be completed during your project, Alpha and Beta.
Alpha testing is performed internally and does not require you. It is intended to catch as many problems as possible, before handing it over to a client.
Beta testing is the opposite. It is the stage when a client reviews the website for issues, errors, accuracy and functionality. During this process, we will provide an Excel sheet that you enter any issues into. Once you are done, we will fix those issues. Beta is built into the cost of the build, however, once the allocated 4 hours are spent the standard hourly rate will kick-in.
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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve 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 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.
- Initial down payment of $1971.39 – immediately due prior start of project
- Remaining balance of $5585.56 due upon completion of project
Project should take roughly 3 weeks to build with a target date of October 1. After initial build-out, Cold River Mining will perform Beta testing for maximum of 3 business days in order to allow project ample time to wrap before hard launch date of October 15th, 2019.
The project start date is dependent upon contract acceptance, but should not start any later than September 12, 2019.
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 United States courts.
The dotted line
Signed by and on behalf of Webstishio, L.L.C
Signed by and on behalf of Cold River Mining CORP