An Americanized version for an individual providing web design services.
Between designer and customer name
I will always do my best to fulfill your needs and meet your goals, but it's good 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 want what's best for the safety of both parties, now and in the future.
You, customer name are hiring designer located at address to design and develop a website for the estimated total price of $price outlined in our previous correspondence. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images, and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
I have the experience and ability to perform the services you need from me and we will carry them out in a professional and timely manner. Along the way, I will endeavour to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this, I will also maintain the confidentiality of any information that you give me.
Details of the works
I will create designs for the look, layout, and functionality of your website. This contract includes one main design and one opportunity for you to make revisions to the final design. If you are not happy with the design after the final stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at double the hourly rate ($double rate) set out in our original estimate.
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 and Opera. I will also test to ensure that pages will display visually in a similar—not necessarily an identical—way in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 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, I will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
I am not responsible for writing or inputting any text copy unless we specified it in the original estimate. I will be happy to help though, and in addition to the estimate I will charge you at $copy fee per hour, including a free initial consultation for copy writing or content input.
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 will be charged at $photo fee per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions
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 will 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 daily rate set out in the estimate we gave you. Along the way I might ask you to put requests in writing so we can keep track of changes.
You may already have professional website hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own website hosting, I can set up an account for you at one of our preferred, third-party hosting providers. I will charge you a one-time fee for installing your site on this server, plus any statistics software such as Google Analytics. Updates to, and management of that server, plus any support issues will be up to you.
As this is not a website hosting company, I do not offer or include technical support for website hosting, email, or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, I will be happy to help.
I can't guarantee that the functions contained in any web page templates or in a completed website will always be error-free, 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 website 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 to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by your good selves, 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 carefully 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 my work and share what I have learned with others, 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 websites, in magazine articles, and in books.
I'm 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.
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 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.
Although the language is simple, the intentions are serious and this contract is a legal document.
Everyone should sign above and keep a copy for their own records.