Between (me) Jason Matthews of JMSolo Designs and (you) [The Client]
I will always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You ([The Client]), located at [The Client Address] are hiring me (Jason Matthews of JMSolo Designs) located at 103 W. Morningside St. South Padre Island, TX 78597 to design and develop a web site for the estimated total price of [The Price] as outlined in our previous correspondence. Of course it’s a little more complicated, but I’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I need. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract – in the event there IS a payment schedule.
Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (color, texture and typography.) I call that 'atmosphere'.
You’ll have plenty of opportunities to review my work and provide feedback. I’ll either share a Dropbox folder, Google Drive Directory or Github repository with you and I’ll maintain regular, possibly daily (if needed) contact. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
Unless agreed separately, I am not responsible for creating text or taking photos for images to place into your content management system.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. I won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test my designs in:
iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator
I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need me to test using these, I can provide a separate estimate for that.
I do provide hosting for your website so I can and will offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you on one of my preferred SSD hosting servers. I can set up your site on a server outside of my own (e.g. A Hosting Provider of your choice), plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Search engine optimization (SEO)
I don’t guarantee improvements in the form of instant front page visibility to your websites search engine ranking, but the web pages that I develop will be accessible to search engines. I can provide a higher degree of keyword and descriptive maintenance for your website reputation and SEO placements. If you need or would like to have me manage this aspect of your web presence, I can provide a separate estimate for that. All SEO invoices are made due, regardless to time of start, at the end of every month (Day 28th)
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I am happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I will provide a separate estimate for those additional weeks. Please keep in mind, I do give up-to 5 free revisions on request.
I can’t guarantee that my work will 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, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying my work
I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I am also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
Any potential fees for Hosting as well as maintenance to SEO and basic site management and updates are due every 28th day of every month.
I issue invoices electronically. My payment terms are 5 days from the date of invoice by Freshbooks online accounts payments system. All proposals are quoted in USD and payments will be made at the equivalent conversion rate at the date the transfer is made.
The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month. These percentages are calculated in pro-rata from the day of debt occurrence to the date paid.
But where’s all the horrible small print?
Just like a parking ticket, you can’t 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 American courts.
The dotted line
Signed by and on behalf of Jason Matthews of JMSolo Designs
Signed by and on behalf of [The Client]
Date [The Days Date]
Everyone should sign above and keep a copy for their records.