We will always do our best to fulfill your needs and meet your goals, but we believe it’s best to have an agreement so that we both know what’s what, who should do what and what happens if something goes wrong. We do want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in the signed contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. We will also maintain the confidentiality of any information that you give us.
SOME OF THE FINER DETAILS:
If we are designing your application we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our *standard hourly rate.
HTML and CSS LAYOUT TEMPLATES
If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We do not cater for people using Microsoft Internet Explorer 6 and cannot predict the behaviour of that browser.
We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our *standard hourly rate for any necessary additional design work, development and testing. If you have a requirement for a specific browser you must make us aware of this prior to agreement of this contract, so we can assess the possible implications on the project.
We may have written a lot of website content but we’re not responsible for the writing of or contribution of any text copy unless we have specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our *standard hourly rate.
You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography or we can purchase it on your behalf at our stock photography fees (fees provided on request). Any time we spend searching for appropriate photographs will be charged at our *standard hourly rate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices outlined in our contract are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We would also ask you to put requests in writing (email) so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
You may already have professional website hosting, or you might manage that hosting in-house. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can either set up an account for you with our own Hosting Service, or you can seek another third-party hosting provider. If using a third party hosting provider, we will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics (fees provided on request and please note that the site will have been fully tested on our staging server), should there be an issue with the configuration of the third party server, you will need to liaise with your hosting provider to resolve this issue. If you wish us to liaise with them on your behalf then our *standard hourly rate will apply. Once installed on a third party server the updates to, and management of that server, plus any support issues will be up to you, such as technical support for website hosting, email or other services relating to website hosting. We only offer hosting support for our own hosting clients.
Who do I call if something goes wrong with the website or I can’t figure something out?
Provided you subscribe to one of our ongoing Client Care packages, we will be your first point of call should something go wrong with your website. We will determine whether it is something the hosting company needs to fix or something that is covered by your Client Care package. We will provide training and video tutorials to assist you in using your website once it is launched.
What happens after the website is launched?
Once your website is launched, we will provide 30 days of support to make sure any bugs have been ironed out and that you are confident using your new website. After this you will need to subscribe to one of our ongoing Client Care packages to make sure your website is looked after and maintained. These Client Care packages include updating your software, daily backups, security checks, 2 of the packages include development hours and making sure your website is online and open for business 24/7/365. More information on our Client Care packages is available upon request.
We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free 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 arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project.
We’ll provide you with a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project. We like to profile our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.