Summary
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down. In this agreement, you won’t find any complicated legal terms, long passages of unreadable text or anything out of the ordinary. It’s intended to protect us and you. Although the language is casual, the intentions are serious and this contract is a legal document.
In short, you are hiring Digital Workshop, to create and manage digital marketing campaigns for the price outlined in our previous correspondence.
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 review our work, provide feedback and approval in a timely manner. 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 we’ll maintain the confidentiality of everything you give us.
Design
If we are designing your landing pages or website, 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 this stage, may either continue to commission us to make further design revisions at our standard rates or you will pay us in full for all of the work that we have produced and cancel this contract.
We will test all our landing pages in the current versions of all major desktop browsers. We will not test old or abandoned browsers, for example, Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.
Images
You will supply us with images in digital format. If you choose to buy stock photographs we can source these at an additional cost. Any time we spend searching for appropriate photographs will be charged at our standard rate.
Changes and Revisions
The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
Website and landing pages
You may already have access to website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website and hosting, or your current website environment does not support the solution we are providing, we can host landing pages for you. We will charge you for creating and hosting your landing pages on our server if required. However, we are not a website hosting company and so do not offer or include technical support for website hosting, email or other services related to website hosting. We don’t offer SEO services and don’t guarantee improvements to your website’s organic search engine ranking, but any pages that we develop are accessible to search engines.
Liability
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 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.
Your liability to me will also be limited to the number 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.
Intellectual property rights
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 us, you agree to protect us from any claim by a third party that we’re using 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. 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.
You own all intellectual property rights of text, images and data you provided unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.
Payment schedule
I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.
Invoices will be issued electronically upon completion of our services and our monthly management fee will be invoiced on a monthly basis. Payment is due by the date printed on the invoice unless alternate arrangements have been made.
The monthly management fee outlined in our proposal is subject to change, we will provide a minimum of 30 days notice if this were to occur. While we make every effort to generate high quality leads, some low quality leads may be received. The fee stated in the proposal remains unchanged, regardless of the quality of leads generated. Our percentage-based fee is calculated on the revenue of sales through your website, as tracked by Google Analytics and Google Ads tools. In the rare event that our reporting differs from your own reporting, we request indisputable evidence before amending our invoice.
All proposals are quoted in NZD and payments will be made at the equivalent conversion rate on the date the transfer is made. The appropriate bank account details will be printed on our electronic invoice. For international payments, we may request payment be made online via credit card. We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.
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.
Displaying of work
We pride ourselves on the high quality of our work and we believe that sharing our work helps to demonstrate our capabilities and expertise to potential clients and partners. As such, we reserve the right to display various elements of our work on our website and in case studies. These may include sketches, illustrations, screenshots, and details on campaign performance and results.
Small print
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.