This is based heavily on Andy Clarke's brilliant article on 24 Ways: http://24ways.org/2008/contract-killer
Between Nina Koniuchowsky at Nina Kay Digital and Shelby Kincer
We will always do our 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. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
You, Shelby Kincer, are hiring Nina Kay Digital located at to design 2 collages - one of a featured image size and one of a blog header size.
What do both parties agree to do?
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 need to complete the project and other information as and when we need it, and in the format that we 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 we set together.
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 endeavour 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 feedback or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs one featured image for your homepage and one blog header in a collage type style . These collages will be on brand aesthetically and contain high quality images that are legally able to be used. Both images come with 1 revision each as well as one resize each to ensure satisfaction.
You have agreed to gain access to my stock photo collection. I have high quality and on brand photos to use for your design.
Changes and 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 at the beginning of this document are based on the number of hours 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, that won't be a problem. You will be charged our hourly rate of 30.00 for any extra work outside the original scope of work discussed in our talks. . Along the way we might ask you to put requests in writing so we can keep track of changes.
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.
We guarantee you that any elements of text, graphics, photos, designs, trademarks, or other artwork that will be provided to you for inclusion in the design are either owned by our good selfs, or that we have permission to legally use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
We love to show off our work and share what we have learned with other people, so we 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.
Payments, Refunds & Deadlines
100% of total estimated fee upon agreement of initial design: 100.00
NO REFUNDS. I will ensure customer satisfaction with revisions and communications.
Deliverables are due two business days after receipt of payment.
But where is all the horrible small print?
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 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 English courts.
Everyone should sign above and keep a copy for their own records.