The contract:
Between Chaya Herzog and your business.
Summary:
We’ll 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’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. We’ve 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.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or
your organization. You’ll give us the assets and information we tell you we need to complete the
project. You’ll do this when we ask and provide it in the formats we ask for. You’ll 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’ve agreed with you and we’ll do it
all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on
top of that we’ll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty design We create designs that adapt to the capabilities of many devices and screen sizes. You’ll have plenty of opportunities to review our work and provide feedback. We’ll usually share a development site with you and we’ll have regular contact.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the value of what we’ve worked until that point and may terminate this contract.
Graphics, photographs, and third party plugins
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 find appropriate images. We try our hardest to ensure all costs are included in the price, but from time to time your site may need a third party plugin for full functionality. These can cost between $10 and $100, and may need to be renewed yearly.
Any additional costs incurred from photographs and third party plugins are not included in the final price.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. We also have an SEO specialist that can help, for a separate quote.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract includes everything you’ve mentioned you want us to achieve, plus 2 rounds of revisions. A round of revision is defined as a single list of all the revisions you will want done to the site. Once the first round is complete, you may send one 2nd list to finish up.
Any additional time will be charged at our regular hourly rate(or a set rate if applicable).
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 us, you agree to protect us from any claim by a third party that we’re
using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. 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 intellectual property rights of text, images, site specification
and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Payment schedule
We’re 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.
50% of the estimate upfront, 50% before the site goes live.
We issue invoices electronically. Our payment terms are 15 days from the date of invoice by Zelle/Bank Transfer. We also accept cash and credit cards.
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.