1125 West St. Baltimore MD 21401
WEBSITE DEVELOPMENT AGREEMENT
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 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 the safety of both parties, now and in the future.
In short You[Client],[swift_textbox name=”client” required class:mytext] are hiring, CodeHelp LLC[Company] to design and develop a web site on [swift_textbox name=”mydate” required][swift_textbox name=”mymonth” required] , 20[swift_textbox name=”myyear” required] located at http://[swift_textbox name=”wesiteurl” required] for the estimated total price of $[swift_textbox name=”startprice” required] up to [swift_textbox name=”endprice” required] web pages and with a annual hosting fee of $95.40. This agreement expires in 7 days of not signed. 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 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. 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.
Details of the works
We will help you find and create designs and discuss layout and functionality of your web site.
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS 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, in 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.
If needed, 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.
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.
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, we can host your website.
COMPANY WARRANTIES. Company represents and warrants that the Work Product does not and will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user’s system or data or prevent the user from using same.
Client represents and warrants that the Client Properties will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user’s system or data or prevent the user from using same.
Client further represents and warrants that (a) Client has all rights necessary for the production, distribution, exhibition and exploitation of the Client Properties as part of the Work Product consistent with the license granted in this Agreement; and (b) there is no outstanding contract, commitment or agreement to which Client is a party or legal impediment of any kind known to Client which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.
A Client Properties shall mean all text, pictures, sound, graphics, video and other data supplied by Client to the Company.
A Company Properties shall mean the Work Product except for the Client Properties.
A Work Product shall mean all HTML and/or JAVA files, graphics files, animation files, data files, technology, scripting and programming (in object code form), all documentation, and each and every deliverable developed by the Company and delivered to Client in accordance with the terms and conditions of this Agreement, excluding Client Properties.
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. 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. This project has a 30 day timeline starting at the date of the agreement. Upon agreement of this contract, if the Client becomes unresponsive and does not call, text, email or in any way give the Company all the information requested to complete the website within 30 days of the start of this agreement, all development stops and the balance is due immediately, deposits may be charged or sent to collections. If the Company does not complete the website after the Client delivers all the information needed to complete the website within 30 days of the start of this agreement, then the Client receives a full refund.
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 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 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 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 .If the Client chooses to have website hosting and do not make a monthly hosting payment, the Client’s website will be inactive until the monthly hosting fee is paid. If the page amounts exceed whats specified in the agreement and additional $29 will be added to the monthly hosting for up to 5 more pages. If you make a deposit and I begin work on your site and then you decide to cancel the contract, the deposits becomes non-refundable. If the Client fails to pay the cancellation fee, the Client’s website will be inactive until the fee is paid in full. If you choose not to have website hosting you cannot request changes to your site after the balance is paid unless you sign up for the website hosting service. The hosting will automatically renew on an annual basis unless terminated by either party through 60 (sixty) days written notice provided to the other party as provided herein.
|Deposit 1 of 2||Due prior to commencement of work||$|
|Development Balance||Due prior to completion of work||$|
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 legally binding document.
Everyone should sign below and keep a copy for their own records.
I hereby agree to the above.
[swift_textbox name=”name”][swift_email name=”email” required]