Web Design Services Agreement
If you have a signed agreement, that agreement supersedes this online Service Agreement.
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing off on something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
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’ll need to complete the project including text, images and other information as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in our communications.
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’ll also maintain the confidentiality of any information that you give us.
Getting down to the nitty gritty
We’ll select a design for the look-and-feel, layout and functionality of your website. This contract includes one main design/redesign if needed 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 us to make further design revisions at the daily rate set out in our original estimate. For monthly maintenance work, we will make all the desired changes requested in a timely manner. However, if the workload becomes too high for the agreed monthly payment, you will receive a notice with the opportunity to cancel or continue at a new rate.
We will add all of your text to the website for you. We may have written a best-seller but we’re not responsible for the actual writing of any text copy unless we specified it in the original estimate. We’ll be happy to help though if requested.
You will supply us with any desired photographs either in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography.
Changes and revisions
We use fixed rate pricing plans to keep things simple for you and me. This rate is based on the estimated workload and is subject to change with your approval. We don’t want to limit either your options or your opportunities to change your mind. Estimates for monthly maintenance plans are based on the estimated amount of time each month we’ll need to accomplish everything that you have told us you want to achieve. If the workload becomes too much for the current rate, we will give you a notice with the opportunity to continue at a new rate or exit the contract. Along the way we might ask you to put requests in writing so we can keep track of changes.
You may already have professional web site hosting; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We are not a web site hosting company and so we can not be ultimately responsible for web hosting downtime. That being said, if we are managing your website, we can act as your representative to see that any issue with your host is resolved.
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. Phew.
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 selves, 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. You also own text content, photographs and other data you provided, unless someone else owns them. We own the 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 reserve the right to display and link to your completed project as part of our portfolio and to write about the project through various means.
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 your payment schedule whether made orally, electronically, or written.
But where’s all the horrible small print?
Just like a parking ticket, you can’t 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 the U.S. and state of Georgia courts.