Between me, [ contractor ]
and you, [ client ]
I’ll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what. This agreement will dictate who should do what and when, and what will happen if something goes wrong. In this, 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. I want what is best for both parties, now and in the future.
So in short;
You, [ client ] are hiring me [ contractor ] to design and develop a website for the estimated total price of [ $0 ].
Of course it’s a little more complicated, but I’ll get to that.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You will give me everything I need to complete the project as, when, and in the format I need it. You will also review my work in the process, while providing feedback and approval in a timely manner. Deadlines work two ways, so you will 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 to with you in the previously discussed project plan, and I will do it all in a professional and timely manner. I will endeavor to meet every deadline that is set. On top of that, I will maintain the confidentiality of everything given to me.
I create look-and-feel designs that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML 5 and CSS 3, not wasting time mocking up the site on different template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call these "mock-ups".
You will have two or more opportunities to review my work and provide feedback. If, at any stage, you are not happy with the direction my work is taking, you will pay me in full for everything I’ve produced until that point and cancel this contract.
I am not responsible for writing any text copy. If you would like me to write new content for you, I can provide a separate cost 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, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate cost estimate for that.
I deliver templates developed from HTML 5 markup, CSS 3 style sheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviors.
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.
Both parties are responsible for testing and finding bugs prior to launch. All defects bugs found before launch will be fixed at no additional charge, however any defects or bugs found after launch will need to be fixed separate of this agreement.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer 10), Mozilla (Firefox) and Opera. I’ll also test to ensure Microsoft Internet Explorer 9 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 cost estimate for that.
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, Chrome & Firefox
Android 4.1: Chrome and Firefox
I currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need me to test using these, I can provide a separate estimate for that.
I am 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 media temple. I can set up your site on a server, as well as any statistics software such as Crazyegg and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
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 we’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.
I can’t guarantee that my work will always 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 sever-able from this contract and shall not affect the validity and enforce-ability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good self, 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 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 to you, exclusively and in perpetuity for this project only, unless we agree otherwise. I can provide a separate estimate for that.
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 and in books.
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.
Initial Meeting: [ $0 ]
Design Approval: [ $0 ]
Launch : [ $0 ]
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 [ country / state ] courts.
Signed by and on behalf of [ contractor ]
Signed by and on behalf of [ client ]
Date: [ dd/mm/yy ]