We will always do our 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. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO DO?
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 need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. 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 these terms.
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. On top of this we will also maintain the confidentiality of any information that you give us.
GETTING DOWN TO THE NITTY GRITTY
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
This agreement 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 an hourly rate of $75/hr.
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 earliest ideas 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 estimated/quoted prices we’ve discussed are based on the time 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. Such requests made after you’ve been provided an estimate will be considered out of scope, though, so you will be charged an hourly rate of $75/hr to incorporate these requests or we can discuss a separate project estimate.
PROJECTED TIME FRAME
We will work hard to complete all projects in a timely manner (and I’ll provide you a time fraus in your estimate, as well). We’ll keep you in the loop throughout our project with status updates, answers to any of your questions, or maybe even with questions of our own in the process. However, a timely launch depends wholly on mutual cooperation in providing necessary assets, including text, images and other information as and when needed, and in the format requested. With timely reviews, feedback and sign-off approval, we’ll be able to meet our estimated time frame. Deadlines work two ways, and provided that both sides are able to meet mutually agreed upon deadlines, the site will be launched in stated time frame.
If any requests we make are not met or any assets that we request are not provided within 15 days of the date initially requested, all moneys are forfeited to Eye Heart Creative and the project will be cancelled without notice.
Any projects exceeding 10 weeks due to delayed response, asset acquisition, and/or incorrect asset formatting may be charged a $250 excess fee.
We may be friends, and we may even be friends on Facebook, but for both our mutual benefit (in the forms of organization, and sanity), we require that all feedback and assets be provided in Breeze, and any additional requests & communications be made via email to firstname.lastname@example.org.
If for some reason you would like to schedule a phone call to iron out any details, we require that you email us prior to our call with a set agenda of questions or problems to be addressed. If your questions can be answered via email, we may simply do so in lieu of our call. We’ll be sure to ask if your questions/concerns have been sufficiently addressed before cancelling any phone calls. If we’re able to answer your questions but you still would like a phone call, you’ll just need to send a revised agenda and schedule a time to chat via email.
If we’re unable to contact you by email or phone for 15 consecutive days, your project may be canceled and all moneys are forfeited to Media Maestro Design.
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.
DESKTOP BROWSER TESTING
We 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. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
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. We test our 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
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We will do everything in our power to secure your site, but because the nature of site security is constantly changing, we cannot be held liable for site security breaches. We are always happy to assist in resolving hacks, maintaining site security on an ongoing basis to prevent hacks, and securing existing sites.
You may enjoy our writing, but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at $35 per page (450 words) for copy writing or content input.
You will supply us with photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography.
We are proud of the work we do, and if there are any problems with the designs we have provided, we are happy to resolve them within a reasonable time frame of the completion of your project and at your request. Some requests may be subject to an additional fee if they are outside of the scope of our original agreement. If you choose to work with another developer/designer or choose to alter the work we have provided after our project is completed, we cannot be held liable for those changes to our work, nor can we be held liable for any costs incurred.
You may already have professional web site hosting, and you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server; then the updates to, and management of that server, plus any support issues will be up to you.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting, but we can recommend hosting providers as needed. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you $75 per hour.
You agree to provide access to any hosting, domain account, and/or blog account for the sole purpose of installing and updating the web product as needed. This includes but is not limited to your domain name registrar (the site where you bought your domain name), your hosting account, hosting cPanel, any necessary databases, and your blog’s dashboard. You are more than welcome to create a new admin user for us if you would prefer, but we will need admin level access to make web magic.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for inclusion in your designs are either owned by your good self, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
• We retain all copyright privileges on all XHTML markup, CSS and other code and we license it to you for use on only this project. Media Maestro Design’s linked copyright notice MUST remain at the bottom of your web site design or in an HTML comment. If our work is not properly credited, we reserve the right to have you remove our work from your site.
• You own the graphics and other visual elements that we create for you for this project. All graphics and design work should not be used for any other purpose than what was originally agreed upon. We will give you a copy of all graphic and design files and you should store them really safely as We am not required to keep them or provide any native source files that we used in making them.
• You also own text content, photographs and other data you provided, unless someone else owns them, then you’re subject to their copyright agreements.
• We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles, and in books about web and/or graphic design.
We are sure you understand how important it is as a small business that you pay the invoices we send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule outlined above.
We accept credit cards, debit cards, and e-check payments through Paypal, but don’t worry – you don’t need a Paypal account to check out.
An initial, non-refundable 25% deposit is required to hold the your place in our client queue (when applicable).
In order to begin a project costing more than $400, another 25% of your estimated project rate is due before the project start date, to complete a 50% deposit. The remaining 50% of your project balance is due prior to installation. You will not receive graphics files, nor will your site be installed until this final balance is received.
Any projects less than $400 must be paid in full prior to the agreed upon start date.
If we have otherwise agreed upon another payment schedule or arrangement, you may refer to it. In all cases, services require a deposit prior to the beginning of our project. If any payment is more than 30 days late, we reserve the right to remove any theme we’ve designed or customized and refer your debt to a collection agency. Let’s just be cool and make sure to pay on time, yeah?
Because our services are digital and/or creative, we cannot and will not provide refunds for any reason.
You have the right to cancel our contract at any time, and we retain that right, too.
If we choose to cancel your contract prior to contract completion, your deposit may be returned & prorated at our discretion and pending degree of project completion. Completed, approved, and paid assets will be provided.
If you choose to cancel your project prior to project completion, your deposit will not be refunded. If you choose to cancel your project 14 days or more prior to your project’s starting date, you may reschedule by adding your name to the end of our waiting list or we will retain your deposit until you’re ready to get started, but it will not be refunded to you. If you choose to cancel less than 14 days prior to or after the starting date of your project, you will lose your deposit in full and can reschedule with another deposit. No exceptions.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
We can’t guarantee that our work will 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, even if you’ve advised us of them. Finally, 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.
Just like a parking ticket, you cannot 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 Los Angeles County courts.