Terms and Conditions
DATE
Contract between Solomon Designs and —-Client Company—
Summary:
We will always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what is 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. We 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 (—-Client Company—), are hiring us (Solomon Designs) located at 6 Gladstone pl., EDINBURGH, EH6 7LX to design and develop a web site and/or perform maintenance and web development tasks.
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 agree to give us everything we need to complete the project as and when, and in the format we need it. You agree to review our 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.
Us: We have the experience and ability to do everything we have agreed with you and we’ll do it all in a professional and timely manner. We will endeavour to meet every deadline that we set together and on top of that we will maintain the confidentiality of everything you give us.
Scope:
Development, Support and/or Ongoing Website Maintenance for —-Client Company— website
The Details
Design
We will create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We will create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture and typography.) We call that ‘Iterative Design’.
You’ll have unlimited opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will need to pay us in full for everything we’ve produced until that point and cancel this contract.
Text Content
We’re not responsible for writing any text copy. We will input copy that has been delivered to us, however, if you would like us to write new content or input text for you, we can provide a separate estimate for that.
Images
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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
HTML, CSS and JavaScript
We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviors.
Browser Testing
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
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla (Firefox). We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-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. We test our work in:
iOS: Safari and Google Chrome, iPad
Android : Google Chrome and Firefox
Technical support
If you choose to not use our suggested hosting environment, we can set up an account for you at one of your preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you or we can provide a separate estimate for this.
If you need extra Monthly Support we are happy to provide you with an extra Quote
Support Plans Pricing
Please note that if you choose not to purchase a Monthy Support package, we are neither responsible nor accountable for any problems or issues on the site caused by you, any member of your business, or any external user that was given access by you. Moreover, although we will always do our best to make the website as secure as possible, we are not responsible for it after this has been launched and for problems or issues caused by external entities or individuals, such as hacking.
Backups & Maintenance
Upon the end of this agreement, we will supply the last backup of the website and associated data. If you choose not to purchase a Monthly Support package from Solomon Designs, we are not obliged to keep website backups and will not be responsible in the event of a loss. Furthermore, we are not responsible for maintenance work (that is updating of your website) after the initial work is done and once the website goes live.
Clients who have not contracted maintenance services may request assistance at an hourly rate.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we will need to accomplish everything you’ve told us you want to achieve, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we will provide a separate estimate for that based on an hourly rate.
• At the end of our work we will provide a final Preview. This will reflect our best efforts to provide you the best result possible.
• At this stage we will accept 1 Full List of revisions: a list cotaining all your notes, edits, additions.
• We will perform the above list of edits and provide you with the final result.
• We are 100% sure that you will be absolutely happy with the outcome.
• If at this stage you need extra revisions we will have to quote you for the extra work.
E-commerce
If your web development service includes the integration of online purchasing/e-commerce facilities, you will be responsible for both the set-up and ongoing costs of these services. These may include merchant gateway fees, purchase of an SSL certificate and any other fees for services provided by this third party functionality, or Solomon Designs can provide a quote for these services.
Consulting Services
If hired to provide consulting services, we agree to do so at an hourly rate of £30/h. We will aid, assist and/or advise on issues related to web design and development. We agree to protect any confidential information (all know-how, proprietary information, customer lists and similar) you decide to share with us.
Legal stuff
We always do our best to eliminate bugs and code failures, but cannot guarantee due to the rapidly-evolving nature of web standards, browsers and programming languages, that our work will be error-free indefinitely in all devices and screen sizes out there, 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, even if you’ve advised us 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.
Cancelling this contract
If you wish to cancel this agreement, I will retain your down payment and you may be required to make an additional payment to cover the work I’ve done. This fee will be based on the percentage of the project completed.
In the case we disagree on the work flow or we decide that this cooperation is not longer of profit for each side, I have the right to step out of this contract and get paid for the work performed up to this point. In no way this contract constitutes a commitment to complete the Project by force.
In the worst case scenario that we come to an unresolved conflict I will kindly ask you to contact my Insurance Agency with the following details:
Address
Kingsbridge Contractor Insurance
9 Miller Court
Tewkesbury
Gloucestershire
GL20 8DN
UK
Email
info@kingsbridge.co.uk
Phone
01242 808740
Copyrights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We will own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we have learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, social media, in magazine articles and in books.
Payments
We are sure you understand how important it is as business that you pay the invoices that we send you promptly. So you agree to stick tight to the following payment schedule:
• We will receive a 40% deposit to start the project.
• Then when the design is finalized and agreed/verified that suits your needs we will receive an extra 30%.
• We will receive the rest 30% when the Project is delivered and launched and after you are absolutely happy with the result. The website will not go live until the final payment is made.
Small print
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.
The Dotted Line…
Signed by and on behalf of Solomon Designs
Signed by and on behalf of —-Client Company—
DATE
Everyone should sign above and keep a copy for their records.