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Pixelsmiths version of the ‘killer contract’ for web designers and developers

Pixelsmiths Contract

Based on the popular open-source contract for web professionals by Stuff & Nonsense


(Client Name) Web Project Agreement

Summary

In this agreement you won't find any complicated legal terms or long passages of unreadable text. It should take about 10 minutes to read. We’ve no desire to trick you into signing something that you might later regret. We want what's best for you and us, now and in the future. In short, you, (Client Name), located at (Client Address), are hiring us, (our address), to design and develop a website as set out in the Web Specification document. You have the authority to enter into this agreement on behalf of yourself, your company, or your organisation.

Pricing and Payment

We will charge you (£) as outlined in our previous correspondence. This price is based on the time we estimate we’ll need to accomplish everything you've told us you want to achieve. If you want to add anything new we'll provide a separate estimate for that. There will be no hidden or unexpected charges.

Project Changes

Major changes to the agreed site specification will require us to extend the project and adjust the cost. This can include changing from a single page to a multiple page site or vice versa, adding extra content areas, widgets (such as apps to pull in social media feeds), additional pages, or extra functionality (such as adding animations, a gallery, blog, or content management system), or adopting major page layout changes. However, we don’t want to limit your ability to change your mind. You are welcome to change your mind about any design elements that you have given final approval for, but this may result in the project being extended and the project cost being adjusted.

Payment Terms

Payment is due within 14 days of the invoice date unless otherwise agreed. We issue invoices electronically and take payments via BACS, or PayPal for non-UK projects. All proposals are quoted in UK pounds and payments will be made at the equivalent conversion rate at the date the transfer is made.

Late Payment

Unless otherwise agreed, payments later than 30 days after the invoice date are subject to late payment interest and reasonable debt recovery costs, as specified in the Late Payment of Commercial Debts (Interest) Act 1998. The interest rate is defined as the Bank of England base rate, plus 8%.

If we decide it’s necessary to do this we will give you advance warning. We’d rather avoid this, so if there’s a problem please talk to us.

Deadlines, Delays and Cancellations

Deadlines work both ways, so we’ll both endeavour to meet the deadlines we set together. You'll give us everything we request to complete the project when we need it and in the right format. You'll review our work, provide feedback and approval in a timely manner too.

If We Cancel or Delay

If we cancel before the project start date, the deposit will be refunded to you. If we cancel during the project, or fail to respond to you for more than 21 days during the project without prior agreement, you can choose either to be fully refunded, or have any completed work turned over to you charged at our hourly rate on a pro-rata basis.

If You Cancel or Delay

If you cancel less than 21 days before the project start date, we reserve the right to keep the deposit. If you cancel during the project, or fail to respond to us for more than 21 days during the project without prior agreement, or place the project on hold, we will keep the deposit and invoice at our hourly rate for any completed work up to the point of cancellation and submit the files to you. If you place the project on hold for more than four months then the cost may be adjusted.

Content Delivery

We prefer to have content at the beginning of a project, but we realise that isn’t always possible. Please supply your content as quickly as you can, as delays may result in the project being extended and the cost being adjusted accordingly.

Text Content

Please submit text in a common electronic file format, such as Google Doc, Word document, PDF or a text (.txt) file. We will input the text you provide and may assist with minor corrections and alterations if needed, but you are responsible for the accuracy of the copy. If you need copywriting services we can provide a separate estimate for that.

Photographs and Images

Please supply graphic files, such as logos, in a suitable size and digital format (.svg, .jpg, .png, .gif). Please supply images in a high-resolution digital format (.jpg or .tif). If you'd like us to provide images, photographs, or provide extensive image editing we can submit a separate estimate for that.

Browser and Device Testing

As different browsers and devices render web pages differently, we will be testing to ensure that your site looks good and works in a similar way across them, but not necessarily in an identical way.

Browsers Tested

We will check your site in current versions of Chrome (PC, Android & iOS), Firefox (PC, Android & iOS), Safari (iOS), Internet Explorer (PC) and Edge (PC). We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

SEO

We will code your site in an SEO friendly way, but we cannot guarantee that your website will obtain a specific placement in search engine rankings.

Technical Support

Website Hosting

If you have your own hosting arrangements, then we will only be responsible for setting up the website on the server. We will not be responsible for any technical support for the server. If you need hosting we can set up an account for you with our preferred hosting providers, for which we will provide a separate estimate. We will be the first point of contact for technical support. If problems occur we will liaise with the hosting provider to solve them.

Bugs and Errors

If you do spot any errors in our work, you can request modifications and corrections if they are requested within one month of our last day working on the project. We’ll endeavour to make corrections in a timely manner. If you need ongoing maintenance, support or advice after the project is finished we can supply a separate estimate for that.

Rights of Ownership

Assets

You guarantee that any text, graphics, video footage, designs, trademarks, or any other content you provide for the project are owned by your organisation, or that you have permission to use them for the purpose intended.  When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. If any assets used for this project have their own licence or copyright, the original licence or copyright must be retained and respected. This can include code from a code library or a content management system, images or fonts.

Site Ownership

We retain ownership of the site until we receive your final payment. Once it’s received, ownership of the website is transferred to you. You’ll own the website we design for you, plus the visual elements that we create for it. 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 intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Domain Ownership

We want you to own your site’s domain, so we can assist you to set up an account if needed. If we buy a domain on your behalf, ownership of it will be transferred to you once full payment for it is received. Log in details to your account will be given to you.

Site Server Access

Once final project payment is received, we will give you the site’s server login details so you can have access to site files.

Portfolio Use

We will include a discreet authorship credit and link to our website in the footer of your site. We may also display and link to your site as part of our portfolio.

We may also write about the project in articles, on blogs, on social media and talk about it on podcasts, but always in a way which is respectful to your business.

Liability

Our Liability

We’ll carry out our work in accordance with good industry practice and work to a professional standard. That said, we can’t guarantee that our work will be error-free. Our liability to you will be limited to the amount of fees payable under this agreement and 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.

Your Liability

Your liability to us will also be limited to the amount of fees payable under this agreement and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

In Conclusion

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. This contract stays in place and need not be renewed. 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. Although the language is simple, this contract is a legal document under exclusive jurisdiction of English and Welsh courts.

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