Agreement Date: %B %e, %Y
Between me, %filltext:name=Company Name:default=Company Name% and you, %filltext:name=Customer Name:default=Customer Name%
I’ll always do my best to fullfil your needs and meet your expectations, but it’s important to have things written down so that I 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 have no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You (%filltext:name=Customer Name:default=Customer Name%), located at %filltext:name=Customer Address:default=Customer Address%, are hiring me (%filltext:name=Company Name:default=Company Name%), located at %filltext:name=Company Address:default=Company Address%, to %filltext:name=Project Description:default=design and develop a Web site:width=40% for the estimated total price of $%filltext:name=Project Price:width=20% as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. 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.
Me: 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 endeavor to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.
%fillpart:name=Existing logo:default=yes%This contract assumes that you already have a logo or brand identity that you are pleased with. If you would like my assistance in creating a new logo/brand identity or updating what you currently have, I'll be happy to prepare an additional estimate for that.%fillpartend%
%fillpopup:name=Design:As the look-and-feel of the site are already established, I am not responsible for any graphic design under this agreement. :I will 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 HTML and CSS so I won’t waste your time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) I call that ‘design atmosphere.’:I will create designs for the look-and-feel, layout and functionality of your web site.%
I'm not responsible for writing %fillpart:name=Text Input%or inputting%fillpartend% any text copy. If you’d like me to write new content 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 or vector graphics, I can suggest stock libraries. If you’d like me to search for stock imagery for you, I can provide a separate estimate for that.
I deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviors.
%fillpart:name=Mobile:default=yes%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.
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
I currently don’t test Blackberry, Opera Mobile, Symbian or other mobile browsers. If you need me to test using these, I can provide a separate estimate for that.
%fillpartend%
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. We’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 (including Microsoft Internet Explorer 7, for example) unless you specify otherwise. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
%fillpart:name=Tech Support:default=yes%### Technical support
I'm not a website hosting company so I 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, 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. Then, the updates to, and management of that server will be up to you. I can provide a separate estimate for that.%fillpartend%
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 me 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 we’ll provide a separate estimate for that. The current hourly rate for any additional features or changes outside of the scope of this agreement is $%filltext:name=Hourly Rate:default=150:width=20%/hour.
The estimated fee outlined above does not include any out-of-pocket expenses I may incur. These may include, but are not limited to: photography, illustration, font licensing, printing costs or Web hosting. I will ask you to approve any out-of-pocket costs in writing.
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 have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own any visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe (since 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'll own the unique combination of these elements that constitutes a complete Web site design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
I love to show off my work and share what I've learned with other people, so I reserve the right 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.
If you cancel this assignment prior to its completion, I retain ownership of all copyrights and the original artwork and code, and you'll pay a cancellation fee of $%filltext:name=Half:width=20%, plus any approved expenses I've already incurred. A 100% cancellation fee is due once the project has been approved, whether the site goes live or not. Please note that this cancellation fee is not applicable if this project is cancelled due to non-performance or breach of contract on the part of either party.
If you put this project on hold for 30 days or more, I reserve the right you invoice you for work completed to date.
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.
50% of total estimated fee upon agreement acceptance of this agreement: $%filltext:name=Half:width=20%
Remainder of fee payable not more than 15 days after launch of the site: $%filltext:name=Half:width=20%
All invoices are due within 15 days of receipt. Interest accrued if payment is more than 15 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product.
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 $%filltext:name=Jurisdiction:default=Jurisdiction% courts.
Everyone should sign above and keep a copy for their records.
Please note that I am not a lawyer and any sane person would have a legal professional examine a legal document that they expected to hold up in court.