We'll always do our best to fulfil 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. We've no desire to trick you into agreeing something that you might later regret. What we do want is what's best for both parties, now and in the future.
So in short;
You are hiring us to design and develop a web site and / or to carry out SEO / Social Media Management for the total price as quoted to you. Of course it may be a little more complicated than that, but we'll get to that.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll give us everything we need to complete the project as and when and in the format we need it. From time to time, we may ask you to review our work, provide feedback and approve it 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 we set up.
Us: We have the experience and ability to do everything we've agreed with you and we'll do it all in a professional and timely manner. We'll endeavour to meet every deadline that's set and on top of that we'll maintain the confidentiality of everything you tell us and give us.
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 a combination of HTML5, PHP, Jquery, Ajax and CSS so we won't waste time mocking up templates as static visuals. We may use static visuals as a mood board to indicate a look, feel and style direction (colours, positions, texture and typography). If you wish us to provide staged views, wireframes and / or mockups, we'll quote differently as there's substantially more time involved when we need to do that.
You'll have plenty of opportunities to review our work and provide feedback when the website is completed. We'll have regular contact with you by email, phone or via our CRM (project management portal) to check information and collect content. If, at any stage, you're not happy with the direction our work is taking, you can pay us in full and cancel this contract.
We will input your content for you and format your pages. However, we're not responsible for writing / creating new text copy unless we have agreed to do that for you. If you'd like us to write new content for you, we can provide an estimate for that. In order to keep to our agreed timescales with you and in order to manage our schedule, we expect you to provide content within a reasonable time when we ask for it. If you don't provide it in a timely manner, we may have to delay the production of your website or adjust our quote. If you don't provide content within three months of starting work on your project, we may need to provide you with a revised quote or we may terminate the contract and invoice you for the originally agreed balance.
In almost all cases, unless we agree to the contrary, we will create and provide the graphics for your website using the photographs you provide. However, if our agreement means that you will be providing your own graphics, you should supply the files in an editable, high resolution or vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.
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.
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 users get an appropriate, possibly different, experience. We won't test in other older browsers unless you specify otherwise.
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 Android 4.x: Google Chrome and Firefox
We currently don't test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We cannot make guarantees about search engine ranking, nor can we promise to get a site to 'Number One on Google', but we build every site in a way that is accessible to search engines and we provide a separate SEO consultancy service to handle all aspects of website marketing.
We'll set up an account for you on one of our servers at an agreed annual fee and provide you with email and other services. All our servers are PCI DSS compliant and have the latest TLS version installed for maximum security. We do not permit any third party access to the server or to individual hosted accounts without express permission.
We know from experience that fixed-price contracts are not always beneficial to you, as they often limit you to your earliest ideas. We don't want to limit your ability to change your mind. The price quoted for this contract is based on the length of time we estimate we'll need to accomplish everything you've told us you want to achieve, but we're happy to be flexible. If you want to change your mind or add anything new, that won't be a problem as we'll provide a separate estimate for that.
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 or other incidental, consequential or special damages, even if you've advised us of them. Finally, if any provision of this contract turns out to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and it won't affect the validity and enforceability of the remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your goodselves, or that you've permission to use them.
Then, when your final payment has been made, copyright will be automatically assigned as follows:
You'll own the visual elements that we create for this project. You'll own all elements of content, text, images and data you provided, unless someone else owns them.
We'll own the unique combination of these files, scripts and elements that constitutes a complete system and we'll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. You will not provide access to these copyrighted source files to any party without our express permission and, where such permission is granted, access will be restricted solely to the party for whom permission has been granted.
We love to show off our work and share what we've learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites and in magazine articles.
We're sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you undertake to stick to the payment schedule we agree and you understand that the fact that we're letting you pay in instalments does not mean that you can cancel the arrangement as if it were a subscription.
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 the exclusive and respective jurisdictions of the courts of India, or, where applicable, the appropriate International Court.