While we always do everything that we can to fulfil your needs and meet all expectations to the highest possible standards, it is important to have a written account of whose responsibilities lie where, what actions need to be taken and when, and the all processes should anything go wrong.
This contract isn’t crammed full of legal terms or long, complex bodies of text that are difficult to understand. We have no intention or desire to manipulate you into signing a complex contract that you may regret in the future. Our main goal is to ensure we do what is best for both parties involved, now and going forward.
In short: You customer name, located at customer address (“You”) are hiring us company name (“We or Us”) to:
- Design and develop a website (or)
- Provide hosting and support (or)
- Carry out SEO (search engine optimisation on your website
For the estimated total price of total as outlined in our previous correspondence
Both parties agree to the following:
You have the authority to enter into this contract on behalf of yourself, your company or your organisation.
You provide us with necessary assets and information that we request in order to complete the project. You do this when requested by us and must provide assets and information in the requested formats.
You review all work we provide, offering feedback and approval in a timely manner. All deadlines are a two-way system, meaning we are also bound by any pre-arranged dates set forth together.
You agree to follow the payment schedule set out at the end of this contract.
We have the experience, knowledge, and ability to complete everything we agree to with you. We do all work in a timely yet professional manner.
We maintain the highest confidentially with regards to all information and data provided by you.
We endeavour to meet all deadlines set forth.
A DETAILED OVERVIEW
All designs we create are look and feel. Every layout is flexible and fully adaptable to the capabilities of various devices and screen sizes. We create all designs interactively, using HTML and CCSS in most cases. This ensures we waste no time mocking up all templates as static visuals. We may decide to use visuals for indicating potential creative designs on the website, such as colour, texture, and typography.
You have several opportunities to review all of our work and provide feedback on all design concepts. We provide all design concepts via Dropbox, Google Drive, Github repository, or using a development website with you, allowing you and us to have regular contact, possibly on a daily schedule.
You will pay us in full for the total time we have spent working with you on the project (up to that point) in the event of you changing your mind about what you want delivered from us and you are unsatisfied with the direction of our work. This contract is then terminated following that decision.
We are not responsible for any inputting of text or images into your content management system or for creating text for every page on the website, unless these services are agreed upon separately.
We do offer professional copywriting and copyediting services. These can be used for creating new content and/or inputting content onto the website for you. This service is, so if necessary an estimate will be provided by us for these additional services.
Graphics and Photographs
All graphic files you provide us with must be provided in editable, vector digital format. All photographs must be provided in a high resolution digital format.
Should you decide to purchase stock photographs, we can offer suggestions for stock libraries, just let us know and we can make recommendations.
We can search and source photographs for your website on your behalf. This service is separate, so if necessary an estimate will be provided by us for these additional services.
All browser testing is done to ensure that an individual user’s experience of the design is fully optimised to the capabilities of a browser or device.
We conduct browser testing on all our work on the following major desktop browsers:
We do not conduct browser testing on older browsers unless it is agreed upon separately.
Mobile Browser Testing
We conduct mobile browser testing on a variety of popular screen sizes for mobile devices. This is done to ensure that an individual user’s experience of the design is fully optimised to the capabilities of the mobile device they use.
All our designs are tested in the following mobile browsers:
- iOS: Safari, Google Chrome
Our testing does not include Blackberry, Opera Mini/Mobile, specific Android Devices, Windows, and any other mobile browsers unless agree upon separately. This service is separate, so if necessary an estimate will be provided by us for these additional services.
Changes, Revisions, and Additions
You can request changes and revisions to all work during the design and development of the website. The price we provide for the work is based on an estimated number of weeks we will spend on the project to achieve all your requirements.
However, we are happy to be flexible in this regard, allowing you the opportunity to request changes, revisions, and any additions should you change your mind on anything or wish to add more to the website.
Separate estimates will be provided for any additional weeks we spend accommodating any changes, revisions, and additions you request.
We offer three levels of hosting:
(Applies to all terms and conditions)
Includes additional diskspace and up to two hours of support per month (Applies to all terms and conditions)
Includes site optimisation and support (Applies to all terms and conditions, this is not guaranteed due to third party company involvement – see below)
All hosting we offer is done via a third-party company. While we do our best to manage serve speed and minimise down time, there are sometimes things that are out of our control, such as attacks or server updates.
All technical support regarding hosting services must be made between you and the third-party company. Any modifications to hosting services must be made you and the third-party company
Hosting Fees and Legalities
You agree to take all legal responsibility for use of hosting services, suppling truthful information to the third-party company.
You are liable to pay us for the initial set-up of the hosting if included as part of the website development.
Any hosting services or costs not included by us, included but not limited to hosting charges, annual hosting renewal, hosting upgrades, additional diskspace and bandwidth, and all other related or hidden fees, are to be paid by you to the third-party company.
You agree that in the event of changes to your contract details, including email address, it is your responsibility to contact the third-party company to inform them of changes to your contact details. Failure to do so could mean you fail to receive invoices for hosting services.
You agree that all charges for hosting services must be paid by you to the third-party company as soon the third-party company requests it. Payment for hosting services must be made immediately upon the receival of an invoice form the third-party company. Failure to comply with these payment terms and conditions may result in website and email services to become unavailable.
You agree to pass on all FTP details and other necessary access details relating to hosting account that we require to upload the website if necessary as part of a project.
Without notice, we reserve the right to reject, cancel, or refuse work with hosting services without reasons for such rejection or refusal.
You agree to be liable for your use hosting and email services with the third party, and hereby agree to indemnify and hold harmless us from any claim resulting from your publication of material and hosting services.
You agree to take full responsibility for all usage of the hosting services and to fully abide by the terms and conditions set out by the third party for such services.
Search Engine Optimisation (SEO)
While we do not offer a guaranteed improvement of your website’s search engine ranking, all web pages we design and develop are fully accessible to search engines.
We provide you will the search engine optimisation services (referred to as SEO services from here on in) to improve search engine ranking and/or indexing for you the client’s website.
The purpose of our SEO services is to provide you with improved exposure in search engines and to increase targeted online traffic to the websites.
To receive our SEO services, you the customer agrees to provide the following:
Administrative access to the website for uploading new pages and editing current pages with the purpose of providing SEO services – or permission to do this via a third party.
Permit the use of all your customer logs, trademarks, website images etc., for the purpose of making informational pages and all other necessary uses deemed by us for search engine optimisation and positioning.
To provide us with relevant text content in electronic format to improve website text to HTML ration, should the website lack textual content.
All listings appear on several search engines
When applicable, all time-based guarantees begin once the order is confirmed and payment cleared
When applicable, all guarantees are subject to us having access to the website for optimisation. Should access not be permitted, all changes need to be completed to the satisfaction of our SEO services. Should your website be completely inaccessible, we reserve the right to use search engine position methods in order to obtain necessary positioning.
After optimisation, you agree that it is your responsibility that subsequent optimisation work we complete isn’t overwritten by you or a third party. Should work be overwritten, we reserve the right to withdraw all guarantees made from the beginning.
Should you be unsatisfied, you may cancel at any time providing 30 days’ notice is given; all refunds are discretionary. We cannot guarantee the amount of traffic or number of sales generated.
Any changes made regarding re-optimisation is made by us, and this decision is final. You agree no further action can be taken to challenge these decisions.
If you request more keywords to be added that were not part of the original agreement, we agree on the acceptance from you that no guarantees apply to additional keywords requested.
You agree that while we endeavour to exceed any and all guarantees, all positions gained that does exceed the scope of guarantee cannot be guaranteed to be maintained as part of the search engine marking services.
You agree that we do not own or have control over search engines or directories. You understand that should search engines refuse to accept your website for inclusions – regardless of prior fees paid for submission – that no refunds will be taken against us.
Because of changes to algorithms, we cannot guarantee inbound links. All methods taken to procure links are done at our discretion. These methods will not be harmful to you, your site, or business when placed. However, we cannot be held liable for links built in good faith that are later deemed bad by any search engine.
Any inbound links we build to your website are done so in good faith and shall not be disclosed to you.
Neither party will be held liable for, or be consider in breach of this agreement, for any delays or any failure to perform as required by this agreement because of causes or conditions beyond either party’s reasonable control.
You agree that we are not responsible for functionality problems or issues with your website that have occurred due content updates made us on your behalf. All updates made to content, including but not limited to, any changes to text content written (or recommended) by us (whether any additional payments are made by you for these updates) are made at your own risk.
You agree hat we are not responsible for maintaining your website, including updating blog sections, plugins, or any other extra features installed or edited by use for the purposes of search engine marketing as included by your chosen package. Content management systems (such as WordPress and plugins) and other aspects of your website are manged by third parties, so we cannot be held responsible for any problems arising from these updates. It is your responsibility to ensure your website and all associated plugins and features are keep up to date to ensure compatibility, security and performance.
You agree to inform us should any manual penalties against your website be issued by any search engine, to best of your ability and knowledge. Should a manual penalty be found and is affecting the organic search rankings of your website and we have not been informed of this, any guarantees offered to you regarding organic positions become void. In any case, an additional charge can apply for any extra work you require from us to resolve any penalty related issues.
We carry all our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
We cannot guarantee that our work will be error-free, so we cannot 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.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you 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.
Intellectual Property Rights
To clarify, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them.
When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you.
When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You own the website we design for you plus the visual elements that we create for it. We give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns
We own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.
We own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying Our Creative Work
We reserve the right to display all aspects of our creative work. This includes sketches, work-in-process designs, and the final completed project, all of which can be included in our portfolio of work, on websites, magazine articles, and books/eBooks.
As a small business, it is very important the we receive prompt payment upon the receival of invoices. To ensure no uncertainties regarding payment, you must agree to the pre-arranged payment schedule outlined below.
Details of Payment
INSERT RELATIVE PAYMENT DETAILS FOR EACH CLIENT
We issue all invoices electronically. All payment must be made NUMBER days from the date of invoice, using INSERT payment systems.
All project estimations are quoted in pound sterling, with all payments made at the equivalent conversion rate of the date the payment transfer is made.
You agree to pay all fees associated with international transfer of funds. All appropriate bank account details are included in the electronic invoice we provide.
We reserve the right to charge interest/late fees on any overdue debts. This will be charged at [percent] per month or a one-off fee of [fee amount]
We avoid all small print to ensure complete transparency. So, our final agreement includes some minor details regarding the contract.
The first of these is that neither us nor you can transfer the contract to any other party without each other’s permission.
Both us and you agree that we adhere to all laws and regulations regarding activities under this current contract and will not cause each other to breach any relevant laws and regulations.
This contract is final and does require any renewals from either party. Should any section of this contract become invalid or unenforceable, all other sections remain in place.
Despite the simple language chosen for this contract, it remains legally binding under the exclusive jurisdiction of English and Welsh courts.