This is my pledge to you: I guarantee to work my hardest to give you the best product possible within the boundaries of your compensation. I am honest. I love to work, and aim to please my clients. The following contract is meant to simply state what we are agreeing to do for one another to avoid any future surprises, and so we feel completely confident in each other’s hands. This should be simple and transparent.
I’ll 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. I have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
“You” are hiring me (Tianna Blair/TB Creative Co.) (“Me or I”) to:
Design and develop a web site (up to 15 hours of work) For the estimated total price of $1,000 as outlined in our previous correspondence.
Of course it’s a little more complicated, but we’ll get to that.
As my client, you agree that you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images, and other information when I need it and in the format I ask for. You agree to review my work, provide feedback, and sign-off approval in a timely manner, too, so I do not fall behind. You also agree to stick to the payment schedule set out at the end of this contract.
As your designer, I agree to create a website suitable for your business identity and satisfactory to you. I promise to deliver and transfer ownership of your finished website when I have been paid in full. I have the experience and ability to perform the services you need. I pledge to carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set, but cannot be held responsible for a missed date or deadline if you have been late in supplying materials or have not approved or signed off on my work on-time at any stage. On top of this, I agree to maintain the confidentiality of any information you provide.
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 Squarespace or Wix in conjunction with HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals and filler text as substitutions to indicate a creative direction for your website.
Graphics and Photographs
You should supply graphic files (such as logos) 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. We will use a Dropbox folder that you can share images and text content with me and we will have regular, possibly daily contact.
Technical Support and SEO
I do not offer support for your website hosting, email or other services relating to hosting. I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines.
Changes and Revisions
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 hours I estimate will be needed to accomplish the website you want to achieve, in the time frame you’ve provided. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional hours.
If we do not use the total number of hours agreed upon for this project, you may redeem them for future REVISIONS to the website, up to 18 months after project completion.
Intellectual Property Rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
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. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that we’re using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by myself or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows: You’ll own the website I design for you plus visual elements that I create for it. I’ll give you finished design files and you should keep them somewhere safe as I’m n ot required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, 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.
Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to myself or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you 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.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for this project is either owned by yourself, or you have permission to use them.
I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project in any form, on my portfolio and to write about it on social media, in interviews, on my website and any other forms of communication.
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. You agree to stick tight to the following payment schedule.
The agreed compensation for your project is to be paid within 15 days of final delivery. Any further modifications or work after delivery of the images will be billed at the rate of $50.00 per hour, (minimum 1 hr/billed to the half hour) with a general estimate provided before work begins.
I issue invoices electronically.
- Non-refundable deposit required to begin work (25% of $1000 = $250)
- Amount of non-refundable deposit is subject to change and will be adjusted based on accumulated cost of project in its entirety.
- Final payment due 15 days of final delivery
- A late fee of $50 will be added every day of non-payment
If you're not happy with the designs at any stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel this contract or continue to commission me to make further design revisions at a discussed and agreed rate or dollar amount.
If you have paid for your project in advance, you are eligible for a refund up to 14 days after the payment was received. After 14 days, your funds will be converted to a credit on your account and are non-refundable or transferrable at the point.
Your deposit is non-refundable
- PayPal (credit/debit)
*Checks not accepted
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations. 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