Revised date: 04/10/13
Between me (Corey Smith Web Design) and you [customer name]
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, 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 have absolutely 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 ([customer name]), located at [customer address] are hiring me (Corey Smith) located at 1022 Quail Creek Rd. to [design and develop a web site or web app] for the estimated total price of [total] as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me everything I 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 endeavor to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give us.
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 (color, texture and typography.) I’ll call this “design atmosphere.”
You’ll have two or more weekly opportunities to review my work and provide feedback. 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.
I’m only responsible for the text copy we agreed upon. If you’d like me to write additional content or input text for you, I can provide a separate 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 estimate for that.
I deliver websites (Written in HTML, CSS and JavaScript), created with standards in mind, with the utmost understanding of both. If you feel that any code is unacceptable, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
Also, all of my code is copyright protected by me. I’m an easy going guy, you can show off your site and poke around under the hood if you’d like, you can even use my code elsewhere, just don’t use my code without attribution. Please.
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.
I 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. I’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. I’ll implement a single column design for Internet Explorer 7 and below for Windows and 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.
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, Google Chrome and Opera Mini
Android 4.1: Google Chrome, Firefox and Opera Mini
Android 3.2: Browser, Firefox and Opera Mini
I currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, I can provide a separate estimate for that.
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 our preferred hosting providers. I can set up your site on a server, plus 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.
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 more than 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 our 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 have 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 enforceability of any remaining provisions.
Phew, that was rough...
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, 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 provide, 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.
[Outlined 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 any and all United States of America courts, if the problem comes down to that.
Just don’t be mean, and I think we’ll get along just fine.
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.