Revised date: 20/09/13
Between us NibbleTech and you [customer name]
We/Us/Ourselves: refers to NibbleTech and any person(s) directly under the employ of NibbleTech (incl. contractors/freelance hires).
You/Yourself: refers to [customer name] and any person directly under their employ and/or contractors/freelancers/studios which have been assigned to deal with NibbleTech on their behalf.
Application: the software package / website being developed, this refers to a standard website, or bespoke development.
Designer: NibbleTech does not handle design work internally. Designer refers to the freelancer/studio that has been assigned responsible for creating the design and graphical elements for the Application. This person can either be sourced directly by NibbleTech or [client name] may source a Designer of their choosing.
Deliverables: the finalized products to be handed over upon completion. ie in design Deliverables could be a logo, the website design etc., in Our development Deliverables will be all the files required to run the final Application.
Scope: refers to what is covered by the services we provide, we will strive to point out in the included topics below what is NOT covered by our scope. If there is ever any uncertainty dont hesitate to send us a query.
This is a Our general contract for project based work.
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 ([company name]) located at [company address] to [develop a web site] to a provided design for an estimated total price as outlined in our previous correspondence.
Details going over specific parts of our working together can be found below for clarification.
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.
As previously stated, We do not handle design work internally. Any Design work will be worked out between You and the Designer. Depending on your budget We will use a Designer which we know or you can use a Designer you know as long as they can provide Deliverables required for us to then efficiently begin development. We will only implement a finalized signed-off design. If there are any alterations required after the design has been finalized it is Your responsibility to resolve this with the Designer.
All content must abide by the copyright section below.
Content writing is not covered in our Scope. It is Your responsibility to source the content for the website and provide us with a final signed off version. We will then enter that version of copy into the website as part of deliverables but said copy must be provided within a timely manner.
You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, the best method, for simplicity and piece of mind, is for you to buy them yourself. We can handle this process upon request but compensation for full price of the products must be provided before We will carry out any transactions. Note that this only covers the process of aquiring the images, it is still out of Our Scope to source images for you.
Browser testing does not mean assuring identical, pixel for pixel, display across different browsers. It is the responsibility of the Designer to ensure the website will look the same in browsers of different capabilities or on devices with different size screens. We will ensure all functionality is still present in all main devices that will use the application.
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 will also ensure the Application displays and works correctly in browsers UPTO 2 years old. Anything beyond that is considered out of date and it is time wasted to attempt to satisfy quirks of older browsers.
If you are having a responsive Application built it is the Designers responsibility to ensure the design for smaller screens is in keeping with the original vision of the Application. We will test various screen sizes to ensure the responsive implementation is working correctly, but we do not test directly inside mobile browsers.
Free support will be provided for a period of 2 weeks (14 calendar days) from the Application being delivered.
This support is limited to issues directly relating to the development of the Application and do not include:
- Domain name registration/transfer
- Transfer of accounts/data to or from existing or new 3rd party providers.
Ongoing support can be provided via our various managed solutions.
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.
While we endeavour to deliver a bug-free sophisticated Application, we can’t guarantee that our work will be error-free for the forseeable future 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.
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. It is not Our responsibility to ensure everything is above board and by agreeing to this contract you concur that it is not Our responsibility.
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 to 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.
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.
25% of agreed estimate must be provided BEFORE any work will begin. 50% of agreed estimate must be provided when the workable prototype is in place and only minor features/revisions are left to implement (generally 1-4 weeks before conclusion). Remaining outstanding balance must be paid before Deliverables are handed over to you or the site goes live. [Payment schedule]
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.
Signed by and on behalf of [company name] Signed by and on behalf of [customer name] Date [date]
Everyone should sign above and keep a copy for their records.