Hey readers from A List Apart. The canonical, original version of Contract Killer 3 is here: http://stuffandnonsense.co.uk/projects/contract...
Between myself company nameand you customer name
I’ll always do my best to fulfil 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. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, both now and in the future.
So in short;
You (customer name), located at customer address are hiring myself (company name) located at company address to work description for the estimated total price of total as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
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 me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Myself: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly pre-designed or customer-supplied WordPress themes, using HTML and CSS, so I won’t waste time mocking up every theme view as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)
You’ll have sufficient opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay me in full for everything I’ve produced up until that point and cancel this contract.
I'm not responsible for writing or inputting any text copy. If you’d like me to write new content or input text for you, I can provide a separate estimate for that.
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.
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 or device.
Desktop browser testing
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. I’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. I won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test my work in:
iOS: Safari, Google Chrome and Opera Mini
Android 4.1: Google Chrome, Firefox and Opera Mini
Android 3.2: Browser, Firefox and Opera Mini
I currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need me to test using these, I can provide a separate estimate for that.
I'm not a website hosting company so I don’t generally offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you at one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you, unless we have contracted for that service separately.
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I 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 I estimate I’ll need to accomplish everything you’ve told us you want to achieve, but I'm happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that.
I can’t guarantee that my work will 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, even if you’ve advised me 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’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I'm not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.
Scope of Work
Scope of Work inserted here, including work to be performed and deliverables
A "Change Request" is any request for work outside the scope of the Scope of Work.
If you make a change request, I'll bill the work on a time and materials basis, at my standard hourly rate of $____/hr. I may also extend the delivery schedule.
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
On the signing of this document: ____ % down payment
On the completion of work: ____ % remainder
Invoice. I will invoice you according to the Statement of Work. You agree to pay all invoices within ___ days of receipt.
But where’s all the horrible small print?
Just like a parking ticket, you can’t 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 under exclusive jurisdiction of Country courts.
The dotted line
Signed by and on behalf of company name Signed by and on behalf of customer name Date date
Everyone should sign above and keep a copy for their records.