contract
Between me [Joe Schaefer, Web Consultant] and you [client]
Summary:
I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I want what's best for the safety of both parties, now and in the future.
In short
You (client) are hiring me (Joe Schaefer) located at [my address] to perform a
Wordpress install, them install and customization and logo design for the estimated total price of [cost] as outlined in a one-on-one conversation we had in-person. Of course it's a little more complicated, but we'll get to that.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including a hosting login, sitemap, text content, Google Analytics UA number and other information as and when I need it, and in the format that I ask for. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract. I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I can't be responsible for a missed deadline if you have been late in supplying materials or have not approved or signed off our work on-time at
any stage. On top of this I will also maintain the confidentiality of any information that you give me.
Getting down to the nitty gritty
_ Design
The main design will come from a chosen Wordpress template, but will be modified to the best of my abilities to meet 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 me 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 a new rate to be determined at that juncture.
_ XHTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, I will develop these using XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. I will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, etc. I will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it's sell-by date. However, when choosing a template to customize, be aware that template sites list valid browsers and each template choice should take this into consideration before purchase.
I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, an additional developer may need to be hired in order to meet these goals and at a rate of their choice.
_ Text content
I may have written stellar content before, but I’m not responsible for writing any text copy unless requested. I’ll be happy to help though, and in addition to the estimate we will charge you at [hourly rate] per hour for copy writing. Text content input is included if supplied prior to hand-off, otherwise I’ll use Lorem Ipsum at hand-off.
_ Photographs + Images
You will supply me photographs either in digital or printed format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at [hourly rate] per hour. If during design and development I need an image for a placeholder, I’ll use mock images and/or
freely available images that you can choose to either keep or replace. Those decisions must be made prior to hand-off.
_ Changes and revisions
I 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. I don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the number of days that 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. You will be charged a daily rate of [rate]. Along the way I might ask you to put requests in writing so we can keep track of changes.
_ Wordpress
I will install the latest version of Wordpress on your server and site, but keeping it updated after hand-off will be your responsibility.
_ Wordpress Plugins
I will research and install plugins necessary to the function and user-experience of the website, keeping in mind that too many plugins can cause speed issues and/or conflicts. I’ll install the minimum amount of plugins needed and if after hand-off you add new plugins that conflict with the design and development of the site, repair of the site will be billed at [hourly rate] per hour.
_ Technical support
I am not a web site hosting company and so I do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do
require help with anything beyond the design and development of your site, I’ll be happy to help and will charge you [hourly rate] per hour.
Legal stuff
I can't guarantee that the functions contained in any web page templates or in a completed web site 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 arising out of the operation of or inability to operate this web site 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.
Phew.
Copyrights
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or logins for the web site (even third-party tools) are either owned by your good selfs, or that you have permission to use them.
Payments
I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As I’m also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.
Payment schedule
Total cost for website and logo design: [rate]. The payment is to be split as 50% upfront ($rate) and 50% at delivery ($rate).
This cost does not include the cost of the theme itself. That cost is additional and can range from [rate] per theme.
Payment #1 (rate) due date: [date] Payment #2 (rate) dues date: [date]
But where is all the horrible small print?
Just like a parking ticket, you cannot 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 U.S. courts. Oh and don't forget those men with big dogs.
The dotted line
Signed by and on behalf of Joseph Schaefer ____________________________________ Signed by and on behalf of [client]
____________________________________ Date
____________________________________
