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Contract

[Client ID] [Project/Service ID] [Contract ID] [Date]

Between me, Andrew Watson and you, [Client Name], referred to throughout this document as me or I and you or your respectively.

Summary

It should go without saying that I'll do everything I can to fulfil your needs and meet your expectations regarding any work you have asked me to do, but I feel it is important to have certain things written down so we both know who should do what and when, and what will happen if something does go wrong.

Agreement in Short

You are hiring me to complete the work outlined in the accompanying project proposal for the estimated total price outlined in the accompanying project estimate documents respectively.

Party Commitments

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll provide any assets needed to complete the project as they are requested and in the formats specified. Deadlines work two ways, so you'll be bound by any dates we set together, such as the provision of the afore mentioned assets and any feedback requested. You also agree to stick to the payment schedule set out in accompanying project quotation.

Me: I have the experience and ability to do everything I have agreed with you and I'll do it in a professional and timely manner. I'll endeavour to meet every deadline we set together and I'll maintain the confidentiality of everything you give me.

The Details

Content

Content includes, but is not limited to; logos, copy, photographs and images, product lists.

I'm not responsible for content. This must be provided by you before I start work on your project. In some cases it may be possible to do some work before content is provided but this mustn't be assumed. I will advise on a per project basis.

If you need me to provide content I can provide a separate estimate for that.

Logos

Where possible, corporate logos or icons must be provided in editable, vector, digital format.

Copy

Where possible, copy should be provided in digital, plain text format.

In cases where copy is provided in a way that requires me to type the copy, additional charges may apply and you will be responsible for proof reading the typed copy. I will notify you of any additional charges prior to inputing any non digital copy.

Photographs

Where possible, photographs should be provided in hi-resolution digital format. If you need to buy stock photography, I can suggest stock libraries.

If you need me to source stock photography I can provide a separate estimate for that.

Processes And Deliverables

Design

I'll make every effort to adhere to any existing brand guidelines you have provided and ensure that the overall design direction meets your expectations.

During the design stage, there will be opportunities for you to review my work. If at any stage you're not happy with the direction my work is taking, you must express these concerns to me at the earliest opportunity. If after doing so we are unable to agree upon a change in direction, you'll be invoiced for time spent and materials used until that point and this contract will be cancelled.

Designing for the Web

When appropriate, a static visual will be provided for approval before we start the project build. I'll ensure we adhere to any existing branding guidelines.

In certain circumstances, such as in the development of a responsive website, this approach may not be appropriate. In these circumstances I approach design iteratively and enter the build stage much sooner. I may use static visuals to indicate a look-and-feel direction (colour, texture, typography.) I call these partial designs 'style tiles' or 'mood boards.'

Designing for Print

Artwork will be created in a format appropriate to the brief.

I'll provide a final proof, either physical or digital, for you to 'sign off.' I will not send any artwork to any other supplier, such as a printer, until I have received your signed proof. From this point, I cannot be held responsible for any errors, omissions or discrepancies found in the artwork.

When brand guidelines have been provided, every effort will be made to obtain the best possible colour reproduction though I do not accept responsibility for services provided by third party suppliers, such as printers.

All materials including but not limited to film, plates, negatives and positives created during the print process belong to me, unless provided directly by you. If you want to keep these items I can provide a separate estimate for that.

HTML, CSS and JavaScript

I create websites and templates developed using modern technologies such as HTML 5 markup, CSS 3 style sheets and unobtrusive JavaScript for feature detection, poly-fills and behaviours. I strive to ensure websites perform as well as possible.

Due to the constantly evolving nature of the web and its associated technologies, I cannot guarantee that your website or application will pass certain validity tests such as the W3Cs 'Markup Validation Service.' If you need your website or application to use valid markup, that won't be a problem, but this must be mentioned during initial project discussions.

Feature Testing

I'll thoroughly test and debug any project specific features I implement such as online forms, database connections and interactions. Testing will be performed using common server conditions.

Browser Testing

Browser testing no longer means attempting to make a website or online application look the same in browsers of different capabilities or on devices with different screen sizes. It does mean ensuring a person's experience of a website or application should be appropriate to the capabilities of a browser or device.

Desktop Browser Testing

I test my websites and applications 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 may implement a more simplified design for Internet Explorer 7 and below for Windows. 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

I test our websites and applications on a range of popular smart phones and tablets including, but is not limited to; Safari, Google Chrome and Opera Mini for iOS and Google Chrome, Firefox and Opera Mini for Android.

I do not test on Blackberry OS, Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need me to test your website or application on these devices, I can provide a separate estimate for that.

Completed Website Or Application

Once your website or application is complete and if circumstances require it, I'll provide you with a unique URL where you'll be able to view your website or application. The purpose of this temporary URL is for review, testing, and finally sign off. You are not permitted to point any existing domain at this URL.

Hosting Services

I do not offer an form of hosting, but will happily liaise with a third party supplier of your choice if your project requires hosting, for the purpose of getting your project live.

Technical Support

I will not support your hosting, email or any other service relating to hosting. If you already have professional hosting or manage hosting in-house I can set up your site on the server (server specifics must be provided) and will provide a separate estimate for that. After that, updates and management of that server will be up to you.

Changes And Revisions

I believe 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 so 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 can always provide a separate estimate for that.

In the case of printed media, this may not always be the case. Once a final proof has been 'signed off' by you, I cannot guarantee that I'll be able to accommodate your change requests as artwork may have already been sent to print.

Project Delay Or Cancellation

I appreciate that sometimes you may need to pause or delay a project prior to its completion. If I feel I can accommodate this pause or delay I'll do so, but you may be invoiced for work already completed.

In the event that you need to cancel a project you'll be invoiced for time spent and materials used until that point.

Copyrights

You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them.

When your final payment has cleared, copyright will be 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 that you, exclusively and in perpetuity for this project only, unless we agree otherwise. I can provide a separate estimate for that.

I may wish to promote 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.

Payments

I'm sure you can appreciate how important it is to me, as a small business, that you pay the invoices that I send you promptly. So that we can all stay friends, you agree to adhere to the payment schedule set out in the accompanying quotation document.

Events Beyond My Control

I accept no liability for being unable to complete the work agreed in this contract for any reason beyond my control including, but not limited to; Act of God, legislation, war, fire, flood, drought, interrupted power supply and strike.

In such cases, you reserve the right to terminate this contract by paying for work already complete and materials already used.

Legal

I can't guarantee that my work or services, nor the work or services of third party suppliers, 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.

Small Print

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 I chose to keep the language of this contract simple, its intentions are serious and it is a legal document under exclusive jurisdiction of English courts.

The Dotted Line

Everyone should sign below and keep a copy for their records. I would appreciate you helping me to reduce my dependence on paper and consider a digital signature. A popular choice for creating digital signatures is Adobe Reader which is available as a free download from http://get.adobe.com/uk/reader/

Signed by and on behalf of Andrew Watson

Signed by and on behalf of [Client Name]

Date [date]

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