What both parties agree to do:
As our customer, you have the power and ability to enter into this contract on behalf of you as an individual, your company, or your organization. You agree to provide us with everything that we need to complete the project including text contents, images, video, 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 promptly 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.
HTML/CSS layout templates
We shall develop these using valid web design and easy-to-edit, manage, and use markup for styling. We will test all our markup and styles 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, Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
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 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.
You (the Client) are 100% responsible for supplying Datacharlie with all contents needed for the site. We shall, however, for the construction of the initial layout, we shall select content as placeholders for various sections. Thereafter the client must supply us with their contents. We shall not perform any further design unless the client provides content.
We are not responsible for writing or inputting any text copy unless we specify it in the original estimate. You are fully responsible for all content you provide us for the website. We'll be happy to help though, and in addition to the estimate we will charge you a one-time fee, including a free initial consultation, for copywriting or content input.
If needed, you will supply us with 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 or taking appropriate photographs will be charged a $5.00 Fee per hour, after a free initial consultation to determine if this is the best route to take. However, if this aspect is part of the package contract, then this does not apply to your contract.
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. Therefore for this contract, we have agreed to give you all options of changing and reviewing the project as many times as you wish, as part of the package contract herein.
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 or the agreed-upon cost we discussed during our initial meetings. Along the way, we might ask you to put requests in writing so we can keep track of changes.
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 website hosting, we can set up an account for you, in which you shall acquire your domain name and hosting services at one of our preferred, third-party hosting providers. We will not 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 if you want us to continue to manage that aspect, otherwise, we shall provide all the Technical support services as agreed upon and documented during our discussion.
We are not a website hosting company but we do offer or include technical support for website hosting, email, or other services relating to website hosting. In the case where you are unable to handle that aspect and you do require help with anything beyond the design and development of your site, we'll be happy to help and, in this direction, we shall again recommend our preferred website hosting company that is cheaper, easy to manage and transact all your web hosting services.
We can't guarantee that the functions contained in any web page templates or in a completed website 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 website are either owned by your good selves or that you have permission to use them.
When we receive your final payment, the 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 back end access including user ID and passwords and all security information. Kindly remember to 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, and 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 our websites, in magazine articles, and books about web design.
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.