This contract is subject to change based on the specific project. We pieced this together from a few different sources and improve upon it daily.
Between us Ambiware (Seth Ciasulli), and you [customer]
We will always do our 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 stuff goes wrong. In this contract you won't find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
You [customer] are hiring us Ambiware (Seth Ciasulli) to design and develop a website for the estimated total price of [price] as outlined in our previous correspondence. Of course it's a little more complicated, but we'll get to that.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two major rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
These allowed major revisions include full website restructuring, not small alterations, which are of course necessary to the creative process.
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS 2.1 & 3 for styling. We will test our entire markup and CSS in current versions of all major browsers including those made by Apple, Google, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past it's sell-by date. We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5 for Windows or Mac, previous versions of Apple's Safari, Google Chrome, 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 charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
We're not responsible for writing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate we will charge you at 100$ per hour for copy writing or content input.
You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at 100$ per hour.
We 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. We 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 number of days that we estimate we'll need to accomplish everything that you have told us 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. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
You may already have professional web site hosting. You might even manage that hosting in-house, if that's the case, great. If you don't manage your own web site hosting or you require additional programming work other than XHTML & CSS, we will set up an account for you on our cloud server, which is located at Rackspace. The first year of hosting is provided by us for free, starting at the signing date of this contract, after which you will be charged 80$ per year for as long as you choose to use our hosting service. This cost will be due at the beginning of each following year.
The email schema we use with our hosting is handled on Google Standard Apps for Free. As per their terms, you are allowed 10 users (email addresses) at no cost. If you require more than 10 users they will charge 50$ per month per user (at this date). If that be the case, you will pay that to Google directly and not through us. We will also install Google Analytics so you can track your traffic in real-time.
You are responsible for registering your own domain. We can provide a list of trusting registrars to use, but in any case, if you are hosting with us we require access to your domain's nameservers so we can point your domain to our server. If your current domain registrar does not offer this service you must transfer your domain to a registrar that does. Please note that this transfer may take up to 2 weeks to fully complete and your current website will be down for up to 1 week because of this.
We can't guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us 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 enforceability of any remaining provisions.
You guarantee to us 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 you, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS, PHP, and any other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. We reserve the right to put a small, tasteful footer at the bottom of your website linking back to us as well.
We are 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 following payment schedule.
Any changes to the completed website will be charged at a 100$ base price, and an additional 100$ per hour after the first hour of work. We encourage you to wait until you have multiple changes that will fill the entire first hour. This ensures our day isn't broken up into 15-minute segments, which are hard to warm up to, keep track of and manage.
For this reason, and if you're using our hosting service, we will provide for you our custom content management system. This back-end application will always be in development and therefore we can't guarantee it will always be free of errors and/or bugs. This will effectively allow you to edit your text content without notifying us and/or incurring additional charges.
Please be careful when editing content that you do not go over the lines of different divisions in the website as this can break the code. If you happen to ruin a page of your website because of this we can usually easily fix the error, but you will be charged the same as in the first paragraph of this section.
Just like a parking ticket, you cannot 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.