Summary
I will always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so we are both on the same page.
The Process
You are hiring Terry Lamar, owner of Innovative Digital Design (IDD), to design and develop a web site for you for the total cost of $400. This will include one (1) main design and one (1) year of hosting (if needed). A non-refundable deposit of 50% and a signed copy of this contract will be required before any work may begin. You, the client, will receive a professionally designed responsive website of up to 8 pages. A page consists of no more than 500 words and four (4) photos and graphics (excluding photo gallery page which can be 12 photos) after that it’s considered an additional page. Additional pages are provided at a rate of $50 per page.
Once this contract has been signed and the deposit made, I will design and email you a graphic proof of your homepage. At this point you have the opportunity to make minor tweaks to this proof. Once you approve I will ask you to approve this proof via email and, if I don’t have everything already, ask you to provide all materials needed to complete your website, including text, company logo, and photos. Once I receive this I will start building your mock-up into a fully functional website.
Once I am done I will email you a link on my development server to proof your website. Once approved, and you pay your remaining balance, your site will be moved from my development server to your domain and/or hosting.
Once moved onto your domain you will be sent the login instructions on how to access your website for you to be able to make changes to any of your content you supplied. Please be aware that any mistakes or damage you do to hurt the function/look of your website where we have to fix it, a rate of $50 an hour will be required.
All correspondence from start to finish regarding your website must be made via email.
Website Materials
All website material, including logo, text and photos needs to be provide within two (2) weeks once this contract is signed or your website will be designed using dummy text and placeholder images after which the project will be considered complete and balance will become due.
Once your site is completed and remaining balance paid you will have the opportunity to replace this dummy text and images with your own content. If you would like me to assist you with replacing dummy text and images with your content, I would be happy to help at my normal hourly rate of $50 per hour.
Text content
All text will be provided to me by you in digital format such as email, Notepad, Word document or similar program. If you feel you cannot write adequately enough to provide text for your website I offer professional copy writing and editing services, so if you’d like me to create your content I can provide a separate estimate for that.
Please be sure to send your final edited text, time required for me to make changes to your submitted text after the web pages have been constructed will be charged the hourly rate $50 per hour.
Photographs and Graphics
You can supply me with photos of your business or service or I will send you a link for you to pick out your photos from a photo service I use online. The photos you supply have to be in a high resolution digital format. If you’d like me to search and pick out photographs for you, I can provide a separate estimate for that.
Please be sure to take your time to pick out your photos, time required for me to swap out photos after the web pages have been constructed will be charged the hourly rate $50 per hour.
E-Commerce Store Websites
Unless agreed upon beforehand, I do not add products to your store. Categories, adding products, photos and descriptions will be your responsibility. Paypal will be the default payment method used. If you, or your bank you use, require an payment gateway other than Paypal I can provide a separate estimate for that. Generally it requires purchasing a plugin and getting some code from your bank or merchant.
If you do not have the time or feel comfortable adding your own products I would be happy to add them for you and I can provide a separate estimate for that.
Changes and Revisions
The price you have been quoted for your website development is based on a set number of hours I estimate I will need to accomplish everything. If you anticipate frequent tweaks or changes during the design process and desire to be intricately involved in the design of each page I encourage to negotiate an agreement which will include the extra time needed for such detail.
All correspondence from start to finish regarding your website must be made via email.
Assignment of Project
I reserve the right to assign certain subcontractors to your project to insure you get the most professional website as well as meeting any deadlines. I warrant all work completed by subcontractors and I will only use industry professionals.
Domain Name (www.myname.com)
If you do not already own a domain name I will purchase one on your behalf and place it in my account. Domain name renewal is $30 per year. Any domain name obtained will belong to the client. At any time you sign up for a free account and request I move the domain into your account.
Web Hosting
One year of web hosting is provided in the cost of the development. Each additional year of hosting is $120 and paid at the start of the year. At any time you decide to use another hosting company it will be your responsibility to move/transfer your website to your new hosting company. If you already have hosting with a third party but it is not sufficient to support my design, finding a substitute or “work-around” may incur additional charges. I am not responsible for any down time that occurs and any business that may lost as a result of this.
Search Engine Optimization (SEO)
I cannot guarantee any improvement to a search engine ranking, nor can I promise to get your website to the ‘top of Google’, so I encourage you to obtain Search Engine Optimization from a professional SEO person or company.
Client Modification
I encourage you to edit or update your own web pages after completion. Please note however, I am not responsible for any damage created by you or an agent of yours. Any repairs I need to make to correct your mistakes will be assessed at an hourly rate of $50 (1 hour minimum charge).
Technical Support
We are not a website hosting company and so we do not offer or include technical support for website hosting, email or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you $50 per hour.
Confidentiality
Your information is safe with me. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). I promise I won’t sell your proprietary information to a third-party, no matter how much they offer Us.
Legal
Terry Lamar or IDD does not warrant that the functions contained in these web pages or the internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will IDD be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if IDD has been advised of the possibility of such damages. If any provision of this agreement shall 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.
Domain: The client agrees to indemnify IDD, including any incidental costs, against any claims that a domain name applied for, or obtained, violates the intellectual property rights of a third party. You warrant that the domain name you want me to purchase on your behalf is not a trademark of a third party.
Hosting: Under no circumstances will I be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of this website. You should ensure that data on your site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of website failure. If you’d like me to do regular backups on a schedule you provide, I can provide a separate estimate for that.
Copyrights
The client represents to IDD and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to IDD for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend IDD and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The copyright of the design of your site that IDD creates remains our design copyright. You can use this site for the business or purpose we create it for and move it to any other server and modify the code in any way you like. You cannot, however, use our design for other sites by either on-selling the design or copying our code for another site external to the purpose we created the site for (copying the website for another business you own for example) – unless this is previously agreed in writing. Our design notice must appear on the home page of your site. If you wish to purchase full design copyright of the site, you can, but this is not included in our regular site development fees. 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.
Payment
A non-refundable deposit of 50% is required to begin any work and the remaining 50% balance is required once website is completed and before it gets moved to your domain/hosting and going live. I accept all major credit cards. Once I email you that your site is completed, I should receive the final payment within two weeks. If payment is not been made within this time period I will take your website offline and it will be hidden until final payment is received.
Misc
Please be aware that projects are subject to change based on the actual development, planning, and requirements of the service provided. While we will certainly make every effort to do so, we make no guarantees that we will meet every budget or timeline that we propose. If a situation arises where additional time is required or the proposed budget is exceeded by more than 10%, we will present you with a new estimate prior to commencement of additional work.
The client understands there is no guaranteed placement or rank on the search engines and the client accepts that it is search engines and not IDD who determine whom they list and whom they will not.
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.
Termination
We would really hate to see you go. If you decide we aren’t your cup of coffee you can end this agreement by giving us a ten (10) day written notice and paying me for the services that we have completed. This will include your non-refundable deposit and any monies beyond that done thus far.
This contract will automatically terminate when both parties have performed all of their obligations under this contract and all payments have been made.
[gravityform id=”3″ name=”Design Contract” title=”false” description=”false”]