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@pyadav
Created December 8, 2016 04:48
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Contract
#Website Contract
##[DATE]
##Summary:
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, now and in the future.
So in short;
You [CLIENT NAME], is hiring me, [YOUR NAME] trading as nothingrandom, located at [ADDRESS], to [THE JOB YOU ARE DOING] for the estimated total price of [ESTIMATED PRICE] as outlined in our previous correspondence. Of course it’s a little more complicated, but I’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’ll 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 endeavour to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.
##Getting down to the nitty gritty
###Design
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 HTML and CSS so I won’t waste 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.’
You’ll have plenty of opportunities to review my work and provide feedback. I’ll share my working Dropbox with you and have regular, possibly daily contact. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
###Text content
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.
###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, I can suggest stock libraries. If you’d like me to search and purchase for photographs for you, I can provide a separate estimate for that.
###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
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 10 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 will be testing the site on modern browsers on a range of devices. If you would like me to test something specifically I can provide a separate estimate for that.
###Accessibility
Instead of favoring support for older browsers, I prefer to do accessibility support so that those who have disabilities or difficulties when browsing the web. This means that people with disabilities will still be able to use and understand your website, perhaps with a slightly different experience.
###Search Engine Optimisation
I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the 'top of Google', but I build every site in a way that is accessible to search engines in an effort to increase its chances.
###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 an email address and 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.
###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 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 I’ll provide a separate estimate for that.
###Legal stuff
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.
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 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’ll own the unique combination of these elements that constitutes a complete 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, 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, on twitter, and in books.
###Payments
I'm sure you'll understand that as I am working as a sole trader, it is vital that the people I work for pay the invoices I send them promptly (within 14 days of sending please). You can pay in GBP by direct debit or in cash. Payment instructions will be printed on the invoice.
Unless otherwise stated, the following standard terms apply. A minimum deposit of twenty-five percent (25%) of the estimate, and the total amount of any hosting is required before I can commence work. Please note that payment for the site must be made in full before I can make the site live.
You agree to reimburse me for any additional purchases or expenses necessary for completion of the work, such as special fonts, stock photography, software etc.
##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 English courts.
##The dotted line
Name:
Signature:
Date:
Name:
Signature:
Date:
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