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 things go 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 do want what's best for the safety of both parties, now and in the future.
You, the client, are hiring us, to develop your web application/ website for the estimated total price of outlined in our previous verbal discussion. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As my client, you agree:
As the developer, I agree:
Details of the works
We will provide you suggestions for designs or templates for the look-and-feel, layout and functionality of your web site. We will provide any design support necessary to complete the design of the site, fully develop the site, and implement a custom back end so that you can continue to maintain the site on your own in the future.
HTML/CSS layout templates
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6, or 7 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, we will have to re-negotiate an increased rate, as developing for these older browsers in costly and time-consuming.
We are not responsible for writing or inputting any content. That includes but is not limited to: products, page content, categories, attributes, and product tags. We'll be happy to help, though, and in addition to the estimate We will charge you at per hour, including a free initial consultation, for content input. This particular contract comes with a decent amount of free content input, but I expect most of the copy to be provided by you, as you know the nature of your business and message better than I do.
Workflow and design
If you have already engaged the services of a graphic designer who has produced mockups of the design of your website, I will work from these and endeavor to produce a website resembling them as closely as possible. Note that it might not be possible to produce pixel-perfect interpretations of them across all browsers and under all circumstances due to technical limitations beyond my control. I will need your mockups in PSD format with their original layers intact so that I can take whatever assets I need from them directly.
Changes and revisions
Changes and revisions can be submitted by the client upon review of each milestone, and finally upon review of the last milestone which will include a project-wide review. If further work is needed after completion of the last milestone, work can be acquired at a cost of $70 USD/hour depending on availability.
As each milestone is being worked on, changes and revisions should be communicated quickly and directly so that fixes are happening on an ongoing basis. When development has completed on a milestone, feedback from the client cannot take more than 3 business days or the milestone is considered to be satisfactorily complete.
Cancelling this contract
If you wish to cancel this agreement, We will retain your down payment and you may be required to make an additional payment to cover the work we've done on a given milestone. This 'kill fee' (not as dangerous as it sounds) will be based on the percentage of the milestone completed.
We will take the utmost care and attention to ensure that my code is error-free and adequately future-proofed, but due to the rapidly-evolving nature of web standards, browsers and programming languages it is not possible to guarantee that code will function as intended indefinitely 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 web site and any other web pages, even if you have advised me of the possibilities of such damages.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Third party materials. All third party materials are the exclusive property of their respective owners. I shall inform you of all third party materials that may be required to perform the services or otherwise integrated into the final project. Under such circumstances, I shall inform you of any need to license.
No Exclusivity. The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
Governing Law. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good self, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles or in books about web design. Of course I will notify you if I do any of these things, and any additional publicity your site gains as a result is of course free of charge.
We 'developer' are sure you 'Client' understand how important it is as a small business that you pay the invoices that We send you promptly. As We are also sure you'll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
The total cost of the work, which transfer in our Bank Account
I will invoice for an initial down payment of 20%. We will start work after receiving this payment.
Everyone should agree with these above terms & conditions and keep a copy for their own records.
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