Website Proposal Terms and Conditions
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 need to complete the project including text, images, and other information as needed, and when needed, and in the format we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways, so we both will be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.
XHTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup, HTML 5, and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, and Mozilla.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, and 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
We will create designs for the look-and-feel, layout, and functionality of your web site. This contract includes one main design 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 produced up to 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.
You agree to provide all content and text required for your website. Including but not limited to a about footer copy, contact information and forms.
You will supply photographs either in digital or printed format, specifically photos of 8 on C and each unit or photos used as backgrounds. If you choose to buy stock photographs we can suggest vendors of stock photography.
Changes and Revisions (limited to 3)
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We do not want to limit either your options or your opportunities to change your mind.
(you have three opportunities to send us revisions and changes that you would like done to the site. Combine the changes you envision in a one to two page document outlining what you would like changed. Any changes after the three rounds will be charged at $100 per hour.) It is in your best interest to provide the website to all who you believe should have a say in the feedback and changes of the website. Each revisions ideally should be less and less as we get closer to the end. Please keep changes short with bullets and a reference to the page, and a proposed solution of what you are looking for. The revisions can be emailed directly to firstname.lastname@example.org and will be completed within 24-48 hrs depending on the amount of changes. (5+ pages of revisions may require additional time to implement changes)
The estimate/quotation prices at the beginning of this document are based on the number of days we estimate needed to accomplish everything you have told us you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that will not be a problem. You will be charged the daily rate set out in the estimate we provided. Along the way we may ask you to put requests in writing in order that we will be able to keep track of changes.
The Client shall reimburse the Company for all reasonable expenses arising from this assignment, including the payment of any sales taxes or other government fees due to this assignment. Expenses greater than $250 must be approved by Client in writing, including client-requested travel.
Limitation of Liability
Client agrees that it shall not hold the Company or his/her agents or employees liable for any incidental or consequential damages that arise from the Company’s failure to perform any aspect of the Project in a timely manner, unless such failure was caused by intentional or negligent acts of the Company or a third party.
All information relating to the Client that is known to be confidential or proprietary, or which is clearly marked as such, shall be held in confidence by the Company.
We are not able to guarantee the functions contained in any web page templates, or in a completed website, will always be error-free, and therefore you agree we will not be held 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 is determined to 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.
You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in the website are either owned by you, or 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 we create for you for this project. We will give you a copy of all files and you should store them securely and safely as we are not required to keep them or provide any native source files we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML 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 also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on web sites, in magazine articles and in books about web design.
But where is all the horrible small print?
Although the language is simple, the intentions of this document are serious. Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it shall remain in place.