Between Ellis Creative and:
Relevant as of this day:
I will always do my 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. I 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.
Your Company (as stated above) are hiring me, Ellis Creative, located at 93A Nunn Street, Benalla, Victoria, Australia to design a web site for the estimated total price supplied by Ellis Creative along with this contract. Of course it's a little more complicated, but we'll get to that.
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my 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.
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set but I 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 you agree to pay me when due according to the payment schedule set out at the end of this contract, and not be late with your payments. If I don't get paid on time then I can't continue to work for you. I will also maintain the confidentiality of any information that you tell me is confidential.
Getting down to the nitty gritty...
I 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 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 me to make further design revisions at the daily rate set out in our original estimate, which is outlined in the Payment Summary.
At this time the quote is for the design and development of your website using Wordpress as a CMS (Content Management System). I can and do use available Wordpress templates, and customise these for your needs.
I will test all our markup and CSS in current versions of major browsers, and make sure the site functions as well as possible on a range of mobile devises (tablets and mobiles).
I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 6 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, I will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
I may have written a best-seller but I am not responsible for writing or inputting any text copy unless it was specified in the original estimate. I will be happy to help though, and in addition to the estimate I will charge you at $80 per hour for copy writing or content input.
You will supply me photographs in digital format of material you wish to use. If I need to purchase stock photography during the design process, the cost of the stock photography will be added to the final cost of the project.
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 provided along with this document are based on the number of days that 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. You will be charged the daily rate set out in the estimate I gave you. Along the way I might ask you to put requests in writing so I 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, 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 web site hosting company and so I do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, I'll be happy to help and will charge you $80 per hour.
I 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 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 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 Ellis Creative that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by your good selfs, 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 including purchased stock or logo elements. I will 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 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 and other code (if applicable) and we 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 also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, blogs or print articles.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. Below are the details as set out in the original estimate.
Design and Development: 50% Deposit of supplied Estimate to commence, 50% upon approval and prior to going live.
Rate after 2 lots of revisions: $80.00AUD
Stock Photos: Added to final invoice
If the estimate is acceptable, a 50% deposit is required to commence work, and is to be paid once contracts are signed. Payment is to be made using the details provided on the original estimate, or via PAYPAL - firstname.lastname@example.org. The remainder and any inclusions are to be paid upon website approval, and prior to website handover and going live.
Just like a parking ticket, you cannot 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 Victoria in Australia. Oh and don't forget those men with big dogs.
THE DOTTED LINE
Signed by and on behalf of: