DESIGN BY SCRIPTS
Date: [date]
Between us Design By Scripts and you [customer name]
Summary:
We’ll always do our 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. We’ve no desire to trick you into signing something that you
might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You ([customer name]), located at [customer address] are hiring us Design By Scripts to [design and
develop a web site] 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 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
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.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll 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.
Getting down to the nitty gritty
Design
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices
and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t
waste time mocking up every template as a static visual. We may use static visuals to indicate a
look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
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, you’ll pay us in full for everything
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we’ve produced until that point and cancel this contract.
Text content
We’re not responsible for writing or inputting any text copy. If you’d like us to write new content
or input text for you, we can provide a separate estimate for that.
Photographs
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, we can
suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate
estimate for that.
HTML, CSS and Javascript
We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and
unobtrusive Javascript for feature detection, poly-fills and behaviours.
Browser testing
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
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 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. We test our 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
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other
mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
Technical support
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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 and you might even manage
that hosting in-house; if you do, great. 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.
Legal stuff
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’ve 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.
Phew.
Copyrights
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 we create for this project. We’ll give you source files and
finished files and you should keep them somewhere safe as we’re not required to keep a copy. You
own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll
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’ve learned with other people, so we reserve the
right, with your permission, 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.
Payments
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We’re sure you understand how important it is as a small business that you pay the invoices that we
send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the
following payment schedule.
[Payment schedule]
But where’s all the horrible small print?
Just like a parking ticket, you can’t 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 and Welsh] courts.
The dotted line
Signed by and on behalf of Design By Scripts ...................................
Signed by and on behalf of customer name ................................... Date [date]
Everyone should sign and keep a copy for their records.
DESIGN BY SCRIPTS
POWERED BY DOCRACY.COM
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