Description of this Contract
This contract is not meant to trick or deceive you; the intention is purely to protect both parties. I have tried to keep the wording as plain as possible, but if anything is unclear, please let me know and I will be more than happy to clarify it with you.
In short: You are hiring Charlie Craig to design and develop your website for the price as outlined above and in the estimate previously provided. The agreed payment plan is at the end of the document.
By signing this, you are confirming that you have the power and ability to enter into this contract on behalf of your organisation.
Services
I will create designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography).
You’ll have plenty of opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
If the project includes HTML markup and CSS templates, I will develop these using valid HTML5 markup and CSS3 for styling. I will test my code in the current versions of all major browsers and will not test in old or abandoned browsers unless otherwise specified. If you need to show the same or similar visual design to users across these browsers, it will take me longer to develop so I will need to charge you for additional coding and testing at my daily rate on top of any original estimate.
I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the 'top of Google', but I build every site using best practices and in a way that is accessible to search engines in an effort to increase its chances.
I don't want to limit either your options or your opportunities to change your mind. The estimate at the beginning of this document is based on the number of days that I will need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra templates or even add new functionality, that won't be a problem. You will be charged at my standard hourly. Along the way I might ask you to put requests in writing so we can keep track of changes.
Deadlines
By working with you, I am warranting that I have the experience and ability to perform the services required by this contract, and that I will run the project in a professional, competent and timely manner.
However, deadlines work two ways I can't be responsible for a missed deadline or launch date if you have been late at supplying materials or information, or if you have not approved or signed off work on schedule at any stage. You agree to provide me with everything I need to complete the project such as feedback, content, text and images as and when I need them, and in the format I have requested. You also agree to follow the payment schedule set out at the end of this contract.
Copyright
You guarantee that any elements of text, graphics, videos, photos, designs, trademarks, or other content you provide me for publishing in the website are owned by your organisation, or that you have permission to use them for the purpose intended.
When I receive your final payment, copyright is automatically assigned as follows:
- You own the finished assembled graphics and other visual elements that I create for you for this project. You must store a copy of these as I am not required to keep them.
- You also own text content, photographs, and other data you provided, unless someone else owns them.
- I own all custom code and license it to you for use on only this project. You cannot re-sell it.
Authorisation
In order for me to work on your site, I may need access to your hosting account and domain registrar (if you have one), and have any necessary 'write permission' for the site directory or programs that need to be accessed for this project.
I love to show my work and share what I have learned with others, 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 process.
Maintenance
Any work requested after the project has been completed will be charged at my standard hourly rate. I can't guarantee that all the web pages will always be error free, but if you do spot any errors, you can request minor modifications and corrections to be made if they are requested within a four-week period after the site goes live. Small bugs will be fixed if they occur as a result of software updates as part of an ongoing website care plan.
Independence
You are hiring me as an independent contractor. The following statements accurately reflect our relationship:
- I will use my own equipment, tools, and material to do the work
- You will not control how the job is performed on a day-to-day basis. I am responsible for determining when, where, and how I will carry out the work
- We do not have a partnership, principal-agent or employer-employee relationship
- I am not entitled to your benefits (e.g. group insurance, retirement benefits, holidays)
- I am responsible for my own taxes
Confidentiality & Data Protection
While working for you, I may come across, or be given, information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. I promise to treat this information as if it is my own confidential information. I may use this information to do my job under this Contract, but not for anything else.
I promise that I will not share confidential information with a third party unless you give me written permission first.
Each party shall comply with its relevant obligations under the Data Protection Act 1998 and associated codes of practice when processing personal data in connection with this contract.
Limitation of Liability
Nothing in this contract shall limit or exclude the liability of either party for death or personal injury caused by the negligence of that party or for fraud. Each party’s aggregate liability to the other party under or in connection with this contract shall not exceed the total fee paid or payable under this Contract. In addition, neither party shall be liable to the other for any loss of profits, business revenue, goodwill or anticipated savings or for any indirect or consequential loss.
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.
Payment Schedule
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. You agree to stick to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
40% of total fee upon acceptance of estimate and agreement of start date.
60% of total fee on receipt of finished product (eg on site launch or within 3 months, whichever comes sooner, if the launch is delayed by you).
If the invoice goes overdue by more than 28 days, I reserve the right to charge the Bank of England’s base rate of interest for the period that the invoice is overdue.
Signatures
Although the language is simple, the intentions are serious and this contract is a legal document.
The undersigned confirm that they have read, understood and agreed to the requirements in this contract.