Standard agreement for fixed price web development work. This is intended for people operating as freelancers. Based on the popular contract by Dan Wong with a focus on web development and inclusion of sections about ecommerce, hacking, revisions and website launch.
Agreement for Web Design & Development
Between Sender Name (presented as "I" or "me") and Company Name as represented by Client Name (presented as "you" or "client").
I will always do my best to fulfill your needs and meet our goals, but it’s 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 awry. 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 for future projects.
You, Client Name representing Company Name, are hiring Sender Name to perform web development work for the estimated total price of $Project Value up to a maximum of Maximum Project Hours. The agreed payment plan is at the end of this document and more detail on the services to be provided is below.
What do both parties agree to do?
- Have the power and ability to enter into this contract on behalf of your company or organization
- 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.
- Agree to review my 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.
- Agree to stick to the payment schedule set out at the end of this contract.
- Have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner.
- Will endeavor 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 my work on-time at any stage.
- Will also maintain the confidentiality of any information that you give me.
Details of the Works
Detailed Service Overview
Text content and photography
I am not responsible for writing or inputting any text copy unless I specified it in the original project scope, although I may enter some as we build the site.
If needed, you will supply me imagery in the appropriate digital format for use on the website. If you choose to buy stock photographs I can suggest vendors of stock photography.
If for some reason you are not happy with the website after the 2nd and final design revision, you agree to pay me in full for all of the work that I have produced until that point. You may then either cancel this contract or continue to commission me to make further design revisions at my standard hourly rate of $Standard Hourly Rate.
Web development based on design
It is not always possible to produce perfect interpretations of the design across all browsers due to technical limitations of the internet which are beyond my control.
Changes and revisions
I will test all my code in the most recent (as of today) versions of all major browsers, plus two versions back. That includes Chrome, Firefox, Safari, iOS, Android, Internet Explorer Edge, and Internet Explorer 11, 10 and 9.
You are responsible to keep a copy of any existing website files and/or databases.
I am committed to making you feel as comfortable as possible with your new website, however I cannot provide on-going training after launch. I will try my best to guide you in the right direction with regards to understanding the CMS. Should you need training on how to use it after launch, I am able to quote this for you at my standard hourly rate.
I am committed to fixing any code bugs associated with the code I have produced, and I will provide up to 10hours of additional modifications within 30 days after completion of the project. This does not extend to any bugs in the CMS (content management system) used. It will be your responsibility to keep the CMS and any plugins used up to date for security reasons, unless you contract me on a ongoing basis to do so for you. While I endevour to code websites in a futureproof way, there will come an eventual time that modifications may be required to the site to support something in an upgrade. If this is outside the one month launch period, I can quote on this for you.
If you don't manage your own website hosting, I can set up an account for you at one of my preferred, third-party hosting providers. Updates to, and management of that server, plus any support issues will be up to you.
Unfortunately I cannot offer or include technical support for website hosting, email or other services relating to website hosting. If you do need help with anything beyond the design and development of your site, I'll be happy to help or point you in the right direction.
Getting hacked is never fun. I will always do my best to make the website I produce for you as secure as possible but I can neither be responsible for nor accountable for your website after it has been launched. I can also not be responsible for providing a backup of your website files should the worst occur. Most web hosting companies will be able to provide you a recent website backup for a fee. That being said, if I can help out I will surely try.
I can't guarantee that the functions contained in any webpage templates or in a completed website will always be error-free and 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 webpages, even if you have advised 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.
Canceling this contract
If you choose to cancel this contract, I will retail the initial payment and may require an additional payment to be made to cover the work I have done up until the cancellation date. I will own the copyright to all materials produced up until that date and these can be transferred to you for an agreed set fee.
All other clauses in this contract will remain in place.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selfs, or that you have permission to use them.
When I receive my 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 at your request and you should store them safely as I am only required to keep them or provide any native source files that I used in making them for a period of one calendar month (up to 31 days) from the launch of the website.
- You own text content, photographs and other data you provided, unless someone else owns them.
- I own any customized HTML markup, CSS, JS, PHP and other code and I license it to you for use on only this project.
- It is possible that I will use plugins and code from external sources (jQuery for example). In this case, the ownership of that code will be based on the license it is provided with.
I like to show my work and share what I have learned with other people, so I may display and link to your completed project as part of my portfolio and write about the project publicly.
You agree to stick to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
Initial Percentage% of total estimated fee payable prior to work commencing: $Initial Payment Due
Remainder of fee payable prior to handover of the completed files and/or website launch: $Remaining Payment Due
- Any additional work required for this project will be at a rate of $Standard Hourly Rate and charged either at the time or as part of the final invoice, whichever I deem more appropriate
I do not place any interest on late payments because that’s no fun for anyone, but reserve the right to stop work on the project and withdraw any staging site or otherwise up until the time any outstanding amount is settled. Hopefully this will not be the case.
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.
Please keep a copy once signed for your records and let's get this website going.