GENERAL WORKING AGREEMENT
This document defines the terms and conditions of our working relationship. All projects or services that ST Web Design (hereafter referred to as “ST Web Design” or “we”) may be contracted to produce or provide for you (hereafter referred to as “you” or “the client”) will be subject to the following:
I will always do my best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I want what’s best for the safety of both parties, now and in the future.
You are hiring me to design and develop a website for the estimated total price as outlined in our proposal. Of course it’s a little more complicated, but we’ll get to that.
GETTING DOWN TO THE NITTY GRITTY
If I am designing your website, I’ll create designs for the look-and-feel, layout and functionality of your website. This contract 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 me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at my standard design rates.
HTML and CSS Layout Templates
If the project includes HTML markup and CSS templates, I’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and my approach is to look forward, not back. With that in mind I will test all my markup and CSS in current versions of all major desktop browsers to ensure that I make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. I do not cater for people using Microsoft Internet Explorer 8 or lower and cannot predict the behaviour of that browser. I will also test that these templates perform well on Apple’s iPad.
I will not test old or abandoned browsers, for example Microsoft Internet Explorer 7 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need me to consider these older browsers, I will charge you at my standard old browser rate for any necessary additional design work, development and testing.
I may have written a best-seller but I am not responsible for writing or inputting any text copy unless we specified it in the original estimate. I’ll be happy to help though, and in addition to the estimate I will charge you at my standard copy writing or content input rate.
You will supply me photographs in digital format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for appropriate photographs, you will be charged at my standard discovery rate.
Changes and Revisions
I know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. I don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the amount of work I estimate I’ll need to accomplish everything that you have told me 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. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. I’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. I may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, I reserve the right to deem the current project cancelled. At this point you will pay me in full for all the work I have done and may commission myself to complete the new project based on the new requirements. This will require a new quote and contract.
You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution I am providing, I can set up an account for you at one of my preferred, third-party hosting providers. I will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics, then the updates to, and management of that server, plus any support issues will be up to you.
I am not a website hosting company and so do not offer or include technical support for website hosting, email or other services relating to website hosting, unless you have purchased this service from me.
I can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so I 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 website and any other web pages, even if you have advised me of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by your good selves, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that I create for you for this project. I’ll give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files I used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. I own the markup, CSS and other code and I license it to you for use on only this project.
I love to show off my work and share what I have learned with other people, so I reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles and in books about web design.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
25% deposit up front
25% installment once functionality and design has been agreed upon
50% balance once the application has been tested and everyone agrees it is ready to go live.
NB: If you are unable to supply all of the right content at this stage, it does not mean I have not done my job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, I will issue the final invoice. Once the final invoice is paid I will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms I have given you, I am under no obligation to keep the site on my testing server or continue with the project in anyway.
BUT WHERE’S ALL THE FINE PRINT?
Just like a parking ticket, you can’t transfer this contract to anyone else without my 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 the courts of South Australia, Australia.
By starting a project with ST Web Design, the client accepts these Terms and Conditions.