contract stuff

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short, you are hiring us, FormNINE, to design for the estimated total price as previously discussed (or will be discussed, if it has not happened yet). Of course it’s a little more complicated, but we’ll get to that.

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 and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that 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 from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.

Changes and revisions

We don’t ever want to limit either your options or your opportunities to change your mind. We take pride in styling and adapting to your vision, and will try our best to make your design how you want it.

If you do want to change your mind, add extra pages or templates, add new functionality, create content for you, or perform any other service that we can provide, there won’t be a problem. You will be charged for any work at the standard hourly rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so that we can keep track of changes.

Getting down to the nitty gritty

Design

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 the end of these revisions, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the standard hourly rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using XHTML 1.0 markup 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, Mozilla and Opera, and ensure that pages will display similarly across the browsers. We will also make sure that the content functions correctly in Microsoft Internet Explorer 6 for Windows, but may not be visually identical to the other browsers previously listed, as this browser is now past it’s sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you absolutely need to show the same or similar visual design to visitors using these older browsers, we will charge you at the standard hourly rate set out in our original estimate for any necessary additional code and its testing.

Text content

We’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at the standard hourly rate for copy writing or content input.

Photographs

You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at the standard hourly rate.

Technical support

You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will install your site on this server as part of our retainer fee, plus any statistics software such as Mint or Google Analytics. At this point the updates, management of that server, and any support issues will be up to you.

We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and do so at the standard hourly rate.

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed web site will always 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 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 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.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that 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 that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that 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 and from 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.

Payments

We are sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to pay or have paid the entire balance due (estimated total plus any additional hourly rate work) for services rendered by the end of the project, which is defined by the delivery of all work, up to two revisions, and delivery of all additional services requested. You agree to pay this no later than a month after the invoice is sent.

But where is all the horrible fine print?

Just like a parking ticket, 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.

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

The dotted line

You have the choice of finalizing this contract online, but it is not a requirement. We list it only as a choice. We may also bring the contract in paper for us to sign prior to working on the project, or we can email it to you. If you choose to complete the contract online, this is what you do:

By submitting your information and checking the “I Agree” box, you assert that you agree to be bound by the terms of this contract and this will be your electronic signature. Upon receipt of this form, you will receive an email (to the email address that you provided) that will be a receipt of this submission and constitute the signature of FormNINE: asserting the same agreement of this contract. You should probably keep that email for your records. Any other specific provisions not listed on this contract will be given to you personally or by email.

And that’s that. Phew. Last step is to fill out the fields below, and your work is done here.


 

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