The Modified Contract Killer.
Between us [company name] and you [customer name]
We’ll always do our best to fulfill 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.
You ([customer name]), located at [customer address] are hiring us ([company name]) located at [company address] to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence.
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 organisation. 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. 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 have agreed to with you and we will do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
We work primarily in CMSs like Wordpress, Joomla, and Drupal. We customize and extensively theme and edit the sites look.
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, we will work with you in a reasonable manner to correct any issues you have with the design before the deadline is complete.
We’re not responsible for writing or inputting any text copy. We will provide you with a form to provide the information and copy you want to be included on your website and will make sure to include it as to the best of our abilities. If you’d like us to write new content we can provide a separate estimate for that.
You should supply simple graphic files like your logo in an editable, vector digital format. If you are unable to provide a vector you should provide at least a lossless PNG or GIF, otherwise we can not ensure the quality of the images displayed. You should supply photographs in a high resolution digital format preferably JPG format larger than 1024x768. 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.
We deliver our sites as a CMS installation properly themed, customize,and modified.
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.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for Internet Explorer 7 and below for Windows and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile Layout Design
We can develop your site for mobile and tablet devices. If you need a mobile layout designed 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. You may already have professional hosting. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
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.
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 have 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 have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that we create for this project. On request we will give you source files and finished files. You own all elements of text, images and data you provided, unless someone else owns them.
We will own the unique combination of these elements that constitutes a complete design and we will license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
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 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. In order to ensure continued services , 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]
You can not 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 courts.
Signed by and on behalf of [company name]
Signed by and on behalf of [customer name]
Everyone should sign above and keep a copy for their records.