Terms and Conditions

Contract

Summary:
I’ll always do my best to fulfil 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, long passages of unreadable text or anything out of the ordinary. It’s intended to protect me and you. Although the language is casual, the intentions are serious and this contract is a legal document. So in short; You are hiring me, Richie (Richard) Bennett of Digital Workshop, to design and develop a website for the estimated price outlined in our previous correspondence.

What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review my work, provide feedback and approval in a timely manner. 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. Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.

GETTING DOWN TO IT

Design
I create good looking designs with User Experience prioritised, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (colour, texture and typography.)

You’ll have plenty of opportunities to review my work and provide feedback. I’ll either share a Dropbox or development site with you and I’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 my work is taking, you’ll pay me in full for the time I’ve spent working with you until that point and terminate this contract.

Text content
Unless agreed separately, I’m not responsible for inputting text or images into your content management system or creating every page on your website. I can outsource professional copywriting and editing services, so if you’d like me to create new content or input content for you, I can provide a separate estimate for that. I’m skilled in Photoshop, so if you require image editing, I can provide a seperate estimate for that.

Graphics and photographs
You should supply graphic files in an editable, vector digital format. If you cannot provide vector files, I can recreate these for you, I can provide a separate estimate for that. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to acquire photographs for you, I can provide a separate estimate for that.

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.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome). I won’t test in other older browsers.

Mobile browser testing
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. I test my designs on iOS 11: Safari.
I won’t test on Android, Blackberry, Opera Mini/Mobile, Windows or other mobile browsers because I don’t have these devices available to test on and it’s very likely things will work the same as on iOS.

Technical support & maintenance
I offer support for website hosting, email and other services relating to hosting and maintaining your website. These services are included in paid Maintenance Plans charged at a monthly rate. A detailed list of the services offered in each Maintenance Plan is available on my website.

Search engine optimisation (SEO)
I don’t guarantee improvements to your website’s search engine ranking, but the pages that I develop are accessible to search engines. I do offer search engine optimisation services that can help your ranking in one of the Maintenance Plans, I can also provide a separate estimate for SEO services.

Changes and revisions
I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the amount of time that I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that additional time.

Legal stuff
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, I can’t guarantee that my work will be error-free and so I 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 me of them.

Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’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 rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and 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 you, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I 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, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you.

Displaying my work
I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites.

Payment schedule
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.

I issue invoices electronically. An invoice for 50% of the price for the project will be provided on acceptance of the proposal. This invoice must be paid before the project can commence.

Once the project is complete and approved by the client, the final 50% will be invoiced. Payment for this invoice shall be made within 7 days of the date of issue of the invoice unless otherwise arranged.

All proposals are quoted in NZD and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.

If you are responsible for withholding information for completion, the website is then deemed payable in full after 30 days from initial start date.

If we are forced to hand your account over to a debt collection agency for collection, you will be liable for any collection costs incurred.

All Maintenance Plans will be charged at the monthly reoccurring rate you’ve selected. These will be automatically charged to the credit card you’ve used online, monthly.

The 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.