Between Clay Miller and and Receiver's Name
I will do my best to fulfill your needs and meet your goals while we work together, but sometimes it is best to have a few simple things written down so that we both know what is expected. This contract explains our responsibilities 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 want what's best for the safety of both parties, now and in the future.
You, Receiver's Name, are hiring me, Clay Miller, located at Sender's Address, to design and develop a website for the estimated total price of $Price, as outlined in our previous correspondence and in the payments section at the end of this document.
What do both parties agree to do?
As my client, you have the power and ability to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything I need to complete the project including text, images and other information as and when I need it, and in the format I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner. You will also be bound by any deadlines that we set together. You 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 me and I will carry them out in a professional and timely manner. I 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. I will also maintain the confidentiality of any information that you give me.
I will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at the hourly rate set out in the payments section at the end of this document.
HTML/CSS layout templates
If the project includes HTML markup and CSS templates, I will develop these using valid HTML5 markup and CSS3 for styling. I will test all my markup and CSS in the latest versions of all major browsers including those developed by Apple, Google, Microsoft and Mozilla.
I will not test these templates in old or abandoned browsers, unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, I will charge you at the hourly rate set out in the payments section at the end of this document for any necessary additional code and its testing.
I am not responsible for writing or inputing any text copy unless we specified it in the original estimate. I'll be happy to help though, and in addition to the estimate I will charge you at $20 per hour, including a free initial consultation, for copy writing or content input.
If needed, you will supply me photographs either in digital or printed format. Any time I spend searching for or taking appropriate photographs will be charged at $40 per hour, after a free initial consultation to determine if this is the best course of action.
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 hours that I estimate I'll need to accomplish everything that you have told me 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 hourly rate set out in the payments section at the end of this document. Along the way I might ask you to put requests in writing so I can keep track of changes.
You may already have professional web hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web hosting, I can set up an account for you with a third-party hosting provider. I will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics--then the updates and management of that server, plus any support issues, will be up to you.
I am not a web hosting company and so I do not offer or include technical support for web hosting, email or other services relating to web hosting. If you do require help with anything beyond the design and development of your site, I'll be happy to help for an additional fee.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks or other artwork that you provide to me for inclusion in the website are either owned by you, or that you have permission to use them.
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 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 own the HTML markup, CSS and other code, and I license it to you for use on only this project.
I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design.
Listed below is the estimated project duration, hourly rate and estimated total price, as outlined in our previous correspondence.
Estimated project duration: Duration hours
Rate: $20 per hour
Estimated total price: $Price
It's important that you promptly pay the invoices you receive. You agree to stick to the following payment schedule, unless this schedule is revised in our future correspondence.
Payment for hours worked until the receipt of the initial design is due no more than 14 days after receipt of the initial design.
Payment for hours worked until the approval of the finished project is due no more than 14 days after receipt of the finished product.
If a payment is more than 14 days late, interest accrued is 5% of outstanding amount to be added every 7 days, starting from 15th day of late payment.
I can't guarantee that the functions contained in any web page 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 web pages, even if you have advised me of the possibilities of such damages.
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. 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.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of United States courts.
Signed by Receiver's Name on behalf of Receiver's Company
Signed by Clay Miller
Everyone should sign above and keep a copy for their own records.