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.
What do both parties agree to?
You: You have the voluntary authority to enter into this contract on behalf of yourself, your company or your organisation. 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 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
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 visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working with you, up until the point of your termination of this contract.
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Graphics & Photographs
You should supply graphic files (i.e. logos, etc.) 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.
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 specific browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we’ve negotiated a separate agreement. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile Browser Testing
Mobile browser testing, using popular smaller 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 designs in the mobile versions of Safari & Google Chrome.
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we’ve agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We’re not a website hosting company, so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our 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, unless separately negotiated and agreed upon.
Search Engine Optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
Changes & Revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that 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 estimate for those additional weeks.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free, 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.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you 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.
“Intellectual Property Rights”
Just to be clear, “Intellectual Property” consists of all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, 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’ve used 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. Any materials or intellectual property created by us are original and do not infringe upon the intellectual property rights of others. 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 specifications and data you’ve provided, unless someone else owns them.
As for us, we don’t believe in enforcing ownership of ideas at the point of a gun. Therefore, your content that we’ve created for you will be solely yours to do with as you please. Any content that we’ve developed prior to, or developed separately from this project, will rightfully be the property of Bytesize Media, LLC.
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. If for any reason you do not give consent to this, we will amend this agreement.
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.
- A deposit payment must be made prior to beginning projects with an estimated cost of $500 or more. Deposit must equal 1/3 of total estimated design costs (excluding hosting & maintenance services). Deposit payments will be applied toward the total project cost reflected on the final invoice.
- All payments must be made within 7 days of invoice date, and must equal the remainder of the final invoice.
- All other payments are due within 7 days of final invoice date, unless otherwise stated.
- Pricing may be subject to change due to variances in estimated project costs. Estimates are an educated guess at what a job may cost – but is not binding. In the event of possible unforeseen developments, clients will be notified of variances exceeding $100 prior to such work being completed.
- If a project results in a lower cost than originally stated on the Estimate, the lesser amount will be charged and reflected on the final invoice.
We issue invoices electronically. All proposals are quoted in US Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.
Late Payment Terms
We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.
- A late fee will be assessed on a monthly basis for accounts with unpaid balances.
- Late payment fees equal 10% of the outstanding balance and will be assessed on a monthly basis before accounts are turned over for collection.
- Late payment fees will not be assessed if the client has signed up for a monthly payment plan and is budgeted correctly.
Accepted Forms of Payment
Clients may securely pay online via Stripe or PayPal at their convenience. Checks are also accepted.
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.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the United States courts.
The Dotted Line
Providing effective, agency-quality design since 2011, Bytesize Media offers affordable design services throughout the Phoenix Metro Area, and beyond. We specialize in a broad spectrum of professional graphic design, custom website design, social media marketing, and technical support training.
Contact us for a free consultation on your next project.