This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer
Between Sarilleny Iconic and customer name
I will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that I 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, customer name, are hiring Sarilleny Iconic located in Honolulu, Hawaii USA to design and/or develop parts of your website, based upon the "TEMPLATE NAME" provided by "SQUARESPACE" for the estimated total price of $TBD outlined in our previous correspondence. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As our customer, you have the poIr and ability to enter into this contract on behalf of your company or organization. You agree to provide us 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 our 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 I 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 us and I 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 us.
Details of the works
The "TEMPLATE NAME" template has been designed by Squarespace, but can be edited. There are limitations when using a theme/template that are out of my control. Layout and functionality of your Ib site is determined by the theme/template. Not all templates have the same functionality, or editability.
This contract includes one main design plus the opportunity for you to make up to two rounds of revisions.
HTML/CSS layout templates
The HTML is generated by the Squarespace templating language, JSONT. This can only be accessed using a Squarespace Developer account. I am not using a Developer account. I am using the standard consumer offering. If you like me to use my Developer account, just let me know. If custom HTML is needed, it will be done via a 'CODE BLOCK' in the Squarespace Admin. I will test all our custom HTML and CSS in, and only in the browsers Squarespace supports. You site will not look exactly the same in each browser, or on various devices.
Most browser versions are supported for viewing your site. Just like with editing your site, the more recent your browser, the better experience your visitors will have.
- Chrome – Supported for PC, Mac, and Linux.
- Firefox – Supported for PC, Mac, and Linux.
- Safari – Supported for Mac only. Only Safari 6 and 7 are supported for viewing your site.
- Internet Explorer – Supported for PC only. Only Internet Explorer 9, 10, and 11 are supported for viewing your site.
- IOS – Devices running iOS6+ are supported for viewing your site. Visit this site to see which version of iOS you have.
- Android – Devices running Jelly Bean 4.1+ are supported for viewing your site. The default Android browser isn't supported for viewing your site; mobile Chrome is supported. You can find out which version of Android you are running by visiting this site on your Android device.
I am not responsible for writing or inputting any text copy unless I specified it in the original estimate.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
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 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 $110 per hour rate set out in the estimate I gave you. Along the way I may ask you to put requests in writing so I can keep track of changes.
Postponed, Delayed or Abandoned Projects
Any projects postponed, delayed, or abandoned by the client for 30 days or more will be invoiced for work completed to date.
If, at any stage, you are not happy with the direction the work is taking, you will pay me in full for all of the work that I have produced until that point and cancel this contract.
I do not offer or include technical support for your web site. Squarespace is your web host. They manage the server your website lives on, they may also manage your domain and email. Any support issues will be between you and Squarespace, or other service providers.
All client communication regarding the project shall be sent through email to [email protected]
Any feedback or revisions given by you must be documented via email directly. You must provide feedback at specific points in the development of your site when requested or I will not be able to proceed further with the project. Feedback not given in the time scheduled may cause delays in project completion.
Official correspondence will not be accepted through any other method, or interface. Communication should be limited to the current project. Other projects or items may be initiated with a separate project inquiry submission, and will receive a dedicated quote and invoice.
Phone consultations may be scheduled at specific points in the development of your site. I am not available for calls on project updates, outside of these pre scheduled consultations. Again, client communication, updates, and adjustments should be documented via email directly.
Your complete web content is required prior to build of your site. You are responsible for delivering the complete, final draft content (text copy, images, etc.) in the appropriate formats. Deadlines relating to your project are contingent on the timely receipt of your content. Failure to deliver content on may cause delays in project completion. I can not be held responsible for delays due to undelivered content. If you would like me to create, edit or source content for you, I can provide a separate estimate for that.
Content must be submitted in the requested file formats. Failure to provide the requested formats will result in increase costs and/or affect the quality of the finished product.
- Stylesheet (color palette, fonts, link styles)
- Imagery (or image direction if we're using Getty stock)
I can't guarantee that the functions contained in any web page templates or in a completed web site will be error-free. 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 us of the possibilities of such damages.
I am not liable for anything, what-so-ever, related to the security of your website.
Squarespace updates their templates/themes unannounced. They do not update users of their platform when these updates happen. This could impact your site in a number of ways. It could break the custom work you hired us for. I hope it never happens, but if it does, I am not responsible for this, and under no obligation fix it.
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 us that any elements of text, graphics, photos, audio, media, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them. I am not liable for any copyright issues from materials provided.
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 also 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. Any sharing done regarding the project would be in the realm of a coding, workflow or design technique that could help other developers. It would be polite and professional. Individuals, names, and other sensitive information will not be shared. Have questions about this? Please ask.
Please pay the invoices that I send you promptly. You agree to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
30% of total estimated fee upon agreement of initial design: $Deposit Fee
50% of total estimated fee upon before site launch $Deposit Fee
Remainder of fee payable not more than 14 days after receipt of finished product: $Remainder of Fee
I prefer payments via online services like Google Wallet(preferred) or Paypal.
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?
Here is it. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be reneId. 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 courts.
Everyone should sign above and keep a copy for their own records.