This is my personal website design and development agreement.
WHAT DO THE PARTIES AGREE TO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project including text, images and other information as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll 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.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we 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 we’ll also maintain the confidentiality of any information that you give us.
DESIGN & DEVELOPMENT
We’ll create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either terminate this contract or continue to commission WiseMind180°° to produce further design revisions at the hourly rate set forth within this scope.
HTML5 & CSS LAYOUT TEMPLATES
If the project includes HTML markup and CSS templates, we’ll develop these using HTML5 and CSS2.1 and CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 6, this means a universal, typographically focussed design but no layout. We will also test that these templates perform well on Apple’s iPad.
We will not test old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional design work, development and testing.
COPY WRITING: COPY & CONTENT
The task of creating copy is one that resides with the business owner or a representative that knows the business best. Much can be taken from current documents you may have already developed, whether its a business plan, yearly reports, or a current website. As a brand agency, we are highly capable or producing fresh creative brand centric search focused copy for your startup website, or rebranding campaigns. Some companies steal copy from competitors websites and change out the titles. This method is referred to in the industry as scraping content and is highly discouraged as most always detected by Google's duplicate content algorithms and leads to a decrease in your websites search ranking.
We’ll be happy to help provide you with fresh, brand centric, search optimized copy writing for your business as an additional service, or we are happy to outsource with a preferred provider, but in terms of site development and structure, we’re currently not responsible for writing or inputting any text copy within the scope of this agreement unless you have selected one of our Web Copy Packages and it is itemized in your quote.
We highly recommend a WiseOne Ltd - Brand Audit or our WiseOne Ltd - Competitive Industry Analysis to help discover your brand's core message and measure your industry's local or national competitors to assist in the process of establishing and communicating your brand's uniqueness most effectively and developing a strategic plan to outrank your search competition. Any means to establish new creative copy on our part is considered an additional service to this estimate and is billable at the following rates:
$150-$500 per webpage - most basic websites cost $950-$1,500, while larger, more content-rich websites cost $2,500-$4,500 and up
(fresh content every month): $750-$950 per month, for at least six months.
For more specific details please see our WiseMind180°° Content Package.
VIDEO & PHOTOGRAPHY
You will supply us any photographs and/or video content in a digital format via storage device, or file transfer over our shared Dropbox.com account. If you choose to buy stock photographs or video elements, we can suggest vendors of stock photography or video or you can hire our production department to capture custom images and or produce video on location or inside our 8000 sq. ft. green screen and white cove cyc wall equipped production facility,www.studiospaceatl.com. We are fully capable of meeting all of your project’s production needs, but in the event that you still require stock from a 3rd party vendor, we will bill separately at our hourly rate for any additional time spent on assisting you in searching for and securing any such media assets.
CHANGES & REVISIONS
We 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. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices within this document are based on the amount of time that we estimate we’ll need to accomplish everything that you have told us 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 hourly rate set out in the estimate we gave you. We ask that you submit any change requests in writing through the comments section of the our invoicing software so we can keep track of changes.
TECH SUPPORT SERVICES
3 Month Service Warranty - Included with purchase of a new website
We agree to provide commercially reasonable technical support and assistance to maintain and update the deliverables, including correcting any errors for up to 3 months after site launch. This warranty service shall not include the development of "enhancements" to the project or other services outside the scope of this proposal. Any additional support needs shall be covered by a separate agreement, or billed for at the hourly rate that is in effect upon the date of the request for additional support.
SERVICE WARRANTY LIMITATIONS
Our service warranty is specific to the site software that we employ for your particular project. We can provide you with hosting on our dedicated server, or we will be happy to work with your current hosting. We will charge you a one-off fee (included in this estimate) for installing your website on any specified server, plus any software outlined within this scope, but after initial setup, any support issues that arise from hosting issues will be between you and your hosting service provider. If you select WiseMind180° as your hosting provider, the hosting service warranty is separate from this agreement and covered in the details of that contract. We are highly capable and always happy to provide you with assistance in troubleshooting outside hosting solutions or any DNS complications, but please be aware that you will be billed per our hourly consulting rate at the time of service request.
Upon expiration of your website’s included 3 month warranty service period and at your option, WiseMind180°.com can provide additional technical support services for a monthly fee of:
$55/month for 6 months or $35/month for 12 months.
You may extend the monthly maintenance period at any time upon mutual written agreement and purchase. Please be aware that extended maintenance only covers reasonable support requests if your website goes down, or if you mess something up and need us to repair something or request minor changes and updates to plugins and theme templates. Any consulting to help with the marketing of your website or produce external listings, or search related campaigns for increased website traffic or increased conversions is not covered within an extended maintenance package.
During the maintenance period, if you desire the need to request that we develop any “enhancements” to the deliverables, we will exercise commercially reasonable efforts to prioritize our resources to create such enhancements. We ask that you understand that preexisting obligations to other clients on the date of your request may slightly delay the immediate execution of any such requested enhancements, however we will be happy to provide you with an additional time & cost proposal for any such requests.
If you wish to secure our services we will need to set aside time for your project to be completed and to keep us from turning down or setting aside other paying work. We ask that a retainer deposit be made in advance before we begin any design to secure our obligation and expediency.
[Remainder payment schedule to be set forth and solidified upon final agreement]
Additional payments can be made to the total invoice upon reaching certain goals, milestones, or art approvals, depending on the nature of your project, we ask that you make yourself available to meet in person (or possible via web conferencing) to look over and discuss these factors and plan out all subsequent milestones and payments.
All invoices are payable upon receipt of invoice.
WiseMind180° will work to develop your website in maintenance mode, with a launch countdown or progress bar displaying outward to a test domain, or live domain. We will grant you and any project support representatives administrative access to the development through a user account so that you may view our progress and assist in uploading and editing content. Your website WILL NOT LAUNCH LIVE to the internet or be indexable to search engines or viewable to the general public if accounts are not current or overdue invoices are not paid in full.
Please understand that a late payment may setback any agreed production schedules so prompt payment of any recurring or monthly invoicing notification is necessary to ensure our dedication to any agreed upon production goals and timelines commitments. In the event that you lack sufficient funding to secure timely payment, please make an effort to give us at least 3 days notice via a phone call or e-mail.
A 1.5 percent daily service charge is payable on all overdue balances. Payments will be credited 1st to any accrued late payment fees and next to the unpaid balance. You shall be responsible for all collection or legal fees necessitated by late or default in payment. All grants of any license to use or transfer of ownership of any intellectual property rights under this agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses and fees, charges or the costs of changes.
CANCELLATION AND REFUND POLICY
If at any time you are unsatisfied with our level of service towards your account and wish cancel or terminate an ongoing project, we would hope that you would call one of us and allow us every reasonable opportunity to make good on our promise to satisfy your needs.
If after speaking with us you still wish to move forward with a cancelation, you must provide us with a written e-mail notice as soon as possible explaining your reason with a request to receive a refund on the remaining unused retainer funds. Any time that has already been spent on your project will be considered and cannot be refunded and you will be sent a final statement. If your statement includes a refund on unused time, we will be happy to provide you with a refund check or a direct deposit back to your banking account if your information is on file with us.
You guarantee to us 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 selves, or that you have permission to use them.
You will be responsible for proof reading and approving all submitted text before publication. In the event that you approve deliverables but errors such as typographic errors, misspelling errors, or errors in grammar remain in the finished product, you shall incur any cost of correcting such errors or correct them at your own discretion.
When we receive your final payment, copyright is automatically assigned to you as follows: You will own the graphics and other visual elements that we create for this project. We’ll give you a copy of all the output files and you should store them safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. In the event that we create custom photography for you, rights will be included in that project separately. We own the markup, CSS and other code and we license it to you for use on only this project. All Third Party Materials are the exclusive property of their respective owners. If any third party materials that you may be required to license are needed, we will inform you first and then obtain any license necessary to carry on. In the event you fail to properly secure any necessary license we will not be held liable of any damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of your failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the final design.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
WiseMind180° shall be permitted to engage and/or use third party designers or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, WiseMind180°° shall remain fully responsible for such design agents’ compliance with the various terms and conditions of this agreement.
The parties expressly acknowledge that this agreement does not create an exclusive relationship between the parties. You are free to engage others to perform services of the same or similar nature to those provided by WiseMind180°°, and we are entitled to offer and provide design services to others, solicit other clients and freely advertise our services. 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.
LIMITATION OF LIABILITY
THE SERVICES AND THE WORK PRODUCTS OF WiseMind180° ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF WISONE LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF WISEMIND180° FOR THIS SPECIFIC PROJECT.
LAST BIT OF LEGAL STUFF
We can not guarantee that the functions contained in any web page templates or in the completed web site will always be error-free, especially if we train you or a member of your organization to maintain it, or if you use a third party to make modifications, 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us 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.