Web Design/Development Contract

Summary:


We’ll always do our best to fulfill 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 signing 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;

By signing this online form, you are hiring Committed Agency to design and/or develop a website for your business for the estimated price outlined in the quote sent to you separately. Of course, it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?


You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we need. You’ll review our work, provide feedback and approval 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 set out at the end of this contract.

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 endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty


Design

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 visuals to indicate a creative direction (color, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share this design with you and we’ll stay in regular contact through this process. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

Unless agreed separately, we’re not responsible for inputting new text or images into your content management system. This contract is for design/development of a new look for your site only. We do provide professional copywriting and editing services, so if you’d like us to create new content or input for you, we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable, 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. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

Development Content Management System

Unless otherwise agreed, we will develop your site on WordPress (our CMS of choice) and will ensure everything is updated and functioning on project delivery at which maintenance and site functionality becomes your responsibility.  We offer maintenance plans and would love to take care of keeping your site up to date and functioning properly into the future. We can provide a separate estimate for that.

HTML, CSS and JavaScript

We typically deliver sites developed on WordPress using HTML markup, CSS stylesheets for styling, and unobtrusive JavaScript for feature detection, poly-fills and behaviors. When at all possible, we will use other developers plugins and themes to help keep the design cost to a minimum.

Browser testing

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 (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing using popular smaller 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 designs in:

iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

Technical support

If you have a service plan with Committed Agency, we'll take care of any support outlined in that plan. If not, any support after the delivery of the final product is between you and your hosting/service provider.

Search Engine Optimization (SEO)

With standard web development and design, we don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.  We do offer full Search Engine Optimization services and can ensure your site is properly optimized.  Depending on our agreement, this may be included with your design and services or a separate cost that we'd be happy to quote you for.

Changes and revisions

Your website build comes with one round of revisions/changes upon completion.  These changes/revisions are for anything within the initial project scope.  We know from experience that fixed-price contracts are rarely 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 at the beginning of this contract is based on the number of hours that 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 the additional hours involved.

Legal stuff

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.

Phew.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy (unless specified in a service contract). You own all elements of text, images and data you provided, unless someone else owns them.

We’ll 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 work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

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 agree to stick tight to the pre-determined payment schedule agreed to in separate correspondence.

We issue invoices electronically. Our payment terms are dictated by our agreement and spelled out in the agreed to quote. All proposals are quoted in United States Dollars ($) and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 10% per 15 days past due.

But where’s all the horrible small print?

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 exclusive jurisdiction of United States of America courts.

The dotted line

    (unless otherwise stated in other correspondence)
  • Do your best to sign your name with your mouse, trackpad, or (if you're using a mobile device or touchscreen) your finger.
  • MM slash DD slash YYYY
© Copyright 2021 Committed Agency • All Rights Reserved