A contract for an individual freelancer / contractor.
Agreement for Name of Job
Soft Launch: January 1, 2013
Between me: Jeff Escalante (“I”, “me” or “developer” in this document)
And you: Client Name (“you” or “client” in this document)
I will always do my best to fulfil 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, Client Name, are hiring me, Jeff , to implement and fully complete a website for the estimated total price of $5700 outlined in our previous correspondence. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As my client, you agree:
- You have the power to enter into this contract on behalf of your company or organization.
- Coordination of any decision-making with parties other than me
- To provide me with everything I need to complete the project including text, account credentials, images and other information as and when I need it, and in the format that I ask for.
- To review my work, provide feedback and sign-off within agreed timescales.
- To be bound by any dates that we set together for deadlines.
- To stick to the payment schedule described at the end of this contract.
As the developer, I agree:
- I have the experience and ability to perform the services you need from me.
- I will carry this service out in a professional and timely manner.
- I will respect the confidentiality of any information you give me.
- I will endeavour 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.
Details of the works
I will provide suggestions for designs or templates for the look-and-feel, layout and functionality of your web site. I will provide any design support necessary to complete the design of the site, fully develop the site, and implement a custom back end so that you can continue to maintain the site on your own in the future.
HTML/CSS layout templates
I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will have to re-negotiate an increased rate, as developing for these older browsers in costly and time-consuming.
I am not responsible for writing or inputting any content. That includes but is not limited to: products, page content, categories, attributes, and product tags. I'll be happy to help, though, and in addition to the estimate I will charge you at $30 per hour, including a free initial consultation, for content input. This particular contract comes with a decent amount of free content input, but I expect most of the copy to be provided by you, as you know the nature of your business and message better than I do.
If needed, you will supply me 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 you will be charged at $50 per hour, after a free initial consultation to determine if this is the best route to take.
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. We will just have to adjust the price of the contract and have it re-signed, or I can work at an hourly rate of $50/hour. Along the way I might ask you to put requests in writing so I can keep track of changes.
I do provide web hosting, and can secure a domain name if you do not already have one. Although I am perfectly happy to use other web hosting plans if they can work for the type of site I'm building, I would strongly recommend using the hosting that I provide, as it is fast, cheap, and I can make sure it is tailored exactly to fit the needs of your custom site. The cost for hosting the website and its assets is $10 per month, and can be covered easily with a recurring payment setup through the back end, which must be maintained as long as the website is online.
Cancelling this contract
If you wish to cancel this agreement, I will retain your down payment and you may be required to make an additional payment to cover the work I’ve done. This ‘kill fee’ (not as dangerous as it sounds) will be based on the percentage of the project completed.
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.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Third party materials. All third party materials are the exclusive property of their respective owners. I shall inform you of all third party materials that may be required to perform the services or otherwise integrated into the final project. Under such circumstances, I shall inform you of any need to license.
No Exclusivity. The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
Governing Law. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and New York without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good self, 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 really 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 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 or in books about web design. Of course I will notify you if I do any of these things, and any additional publicity your site gains as a result is of course free of charge.
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.
The total cost of the work is: $5700
I will invoice for an initial down payment of $2000 once this agreement has been signed. I won’t start work until I receive this payment.
I will invoice for the remaining balance of $3700once the work has been completed. This is due not more than 14 days after receipt of finished product.
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.
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.
Everyone should sign above and keep a copy for their own records.