Superior Web Design Contract
We will always do our best to fulfil 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 things go 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 both parties, now and in the future.
You are hiring Superior Web Design to design and develop a web site for the monthly price of $89, with no upfront payment outlined in our previous correspondence. If you are not happy with the initial design, you will be given two revisions. If after having your two revisions you are still not happy, you will have a few choices. 1. Opt for another revision and pay fee. 2. Cancel this contract which includes a fee of $199 for previous work. 3. Agree to the designed website. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of yourself, company or organization. You agree to, if applicable, 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 endeavour 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.
Details of the works
We will create a personalised web site in relation to your business. This includes the design, 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 agree to the designed website.
HTML/CSS layout templates
We will test all our markup and HTML/CSS (website) in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera. Superior Web Design will not be responsible for visitors to the website who are unable to view it due to older browsers. 99% of the time, this is not an issue.
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. If you require changes or additional text at a later stage, we’ll be happy to help. The cost of changes or additional text will be discussed at such a time.
If needed, you can supply us photographs in digital printed format. If you require additional photographs after the initial accepted design, a fee will be charged accordingly.
Changes and revisions
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 quotation prices at the beginning of this document are based on the work that is required to achieve completion of your purchase. If you do want to change your mind, add extra pages, photographs or text, that won’t be a problem. You will be charged a fee outlined in the agreed payment plan at the end of this document. Along the way we might ask you to put requests in writing so we can keep track of changes.
If, however, later on down the track you choose to purchase the website as a whole and wish to take full ownership of the website, we will not provide technical support.
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 your good selfs, or that you have permission to use them.
When we receive your first initial payment, copyright is automatically assigned as follows:
We, Superior Web Design own the graphics and other visual elements that we create for your personalized website for this project.
Superior Web Design also own text content, photographs and other data we have created, unless someone else owns them. We own the XHTML markup, CSS, domain name and other code (web site, design) and we lease it to you for use on only this project.
Any items in the form of content you have provided us, will remain owned by you or owned by those who have given permission for you to use.
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.
Breaking the contract within the first 12 months incurs a $199 termination fee. Any time after the 12 month contract period, you may choose to terminate the contract at any time with no penalty or fee. Upon termination, the website will go offline, unavailable to any visitors and will become invisible to search engines.
Once terminated, you will always have the opportunity to sign back on with us or buy the domain and website as a whole, just as it was. Becoming completely yours to do what you choose with it. There will not be a set price for the website. The price will be calculated based on website performance.
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, which will be as follows, but may be revised based on further conversations between us.
$89 on the following 15th of the month upon agreement of initial design.
From thereafter, a payment of $89 will incur on the 15th of every month.
You will receive an invoice two weeks out from the date of due payment.
Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after payment due date.
But where is all the horrible small print?
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.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of New Zealand courts.
Contract for Web Design
Between Lewis Naylor at Superior Web Design
And (Client’s who complete contract below)