Between us and you The Client.

Summary:

We’ll always do our 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. 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.

This contract becomes binding when you The Client provide your electronic signature* by:

  1. Authorizing work by paying a deposit or retainer
  2. Sending us an email that authorizes work including but certainly not limited to saying “Sure let’s do it, go for it!” or “Sounds good to me! Go for it!”.
  3. Filling in the Project Authorization form and checking the “I read the contract” box

*Yes this is a real thing and it is enforceable in court, trust us we’ve done this before.

So in short;

You (The Client), are hiring us () located at 1610 Solejar Drive La Habra CA 90631 to provide the service package you have requested for the total price stated on the order form or as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.

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 organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. 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 endeavour 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 look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We 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 a single mock-up to indicate a look-and-feel direction (color, texture and typography.) We call that ‘design atmosphere.’

You’ll have opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

We will provide basic, standard text based on information that you have provided us with and information that we are able to gather about you and your project. We will do our best to provide you with starter text and content that is easily accessible to your clients and search engines that accurately describes you and your project. You will be given access to all content to be able to make editorial changes or updates.

Photographs

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 agreement 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), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a simplified design for Internet Explorer 7 and below for Windows and we won’t test in other older browsers unless you specify otherwise. If you require an enhanced design for an older browser (any Internet Explorer Browser below V.9), we can provide a separate agreement 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, Google Chrome and Opera Mini 
Android 4.1: Google Chrome, Firefox and Opera Mini Android 3.2: Browser, Firefox and Opera Mini

We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate agreement for that.

Technical support

We will provide you with 24/7 email support and phone support on M-F during regular business hours (9-5 PST). Part of your package purchase includes coaching to get you started managing your website and understanding your applications, metrics and interpretation of data provided on your dashboard.

If you chose you have your website hosted on your own server we are not responsible for site downtime and can not provide you with technical support for server issues. All support will be limited to questions related to the WordPress and the associated plugins and applications installed by our team. We can not guarantee support for third-party plugins or software that you install.

Hosting

uses third-party companies to provide server hosting and DNS services. We are not responsible for server downtime related to problems with third-party services.

Social Networks

When we set up your social networking sites (Facebook, Twitter, Google + etc.) we design the customization and integrate the sites with your website according to the current best practices and standards, and we do our best to make sure that the customization will be adaptable to future changes in the social network sites.

We DO NOT guarantee that your social network site will continue to work or the integration will continue to be valid as those third-party sites can and do update their API’s and features often.

We DO NOT guarantee results, a certain number of followers or that you will make a ton of friends online that will show up for your birthday party. That is up to you.

You are fully responsible for maintaining your social profile and complying with the terms of service for each site. We ARE NOT responsible if you violate the terms of service and your account is terminated or you are banned from the service.

Search Engine Optimization (SEO)

Your site will be designed with the best possible practices to make sure that your site has the best possible chance to perform well in the search engines.

We DO NOT and WILL NEVER use black hat SEO tactics, or compromise the credibility of your site to try to manipulate your site to attempt to game the system. We don’t know witchcraft, alchemy or voodoo and we don’t have a team of ninja spies or MIT geniuses attempting to crack Google’s latest algorithms so we can not, nor will we ever, guarantee you a #1 spot on Google or Bing or Ask Jeeves, so don’t ask. By the way if you do know an alchemist please let us know, we’re always looking for new business opportunities.

What we will do is:

  • Coach you on creating great content that appeals to readers
  • Teach you to use keyword research and the built-in SEO tools
  • Help you develop a strategy for attracting positive attention from the various search engines
  • Design your sites according to best practices and web standards (H-tags, alt tags, taxonomies, canonical urls, etc.)

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’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate agreement for that.

Additions

If you would like services that are beyond the scope of your selected package, or would like to add on more a-la-carte services we will create a separate agreement for that.

Legal stuff

We can’t guarantee that our work will be error-free 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.

Phew.

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’ll 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’ll 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 agreement for that.

We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and other media.

We retain the rights to the code and design elements used to create your site and we reserve the right to use them in future projects for other clients at our discretion. If you would like exclusive rights to our code we can make a separate agreement for that.

Payments

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 payment schedule for your package.

But where’s all the horrible small print?

Just like a parking ticket, you can’t 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.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of United States courts.

Oh and don’t forget those men with big dogs.

The dotted line

Contact

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