CONTRACT FOR WEB SITE DEVELOPMENT AND WEBSITE HOSTING SERVICES
This contract constitutes an agreement for website development and hosting services entered into on this date [%%%%%Date%%%%%] between you the Client and us the Provider as defined below. The payment schedule for this proposal shall proceed as follows. The total price of $[%%%%%GrandTotal%%%%%], as outlined in the website development proposal proceeding this contract, will begin with a deposit of $[%%%%%FirstThird%%%%%] (33% of total estimate) shall be due and payable upon the signing of this contract. A second payment of $[%%%%%SecondThird%%%%%] (33% of total estimate) will be due upon the delivery of the first draft of the website. The remaining balance, estimated to be $[%%%%%FinalThird%%%%%] shall be due and payable no later than the final completion and launch of the web site.
WHAT BOTH PARTIES AGREE TO
You have the authority to enter into this contract on behalf of yourself, your company or your organization. You will give us everything we need to complete the project when it is needed and in the format it is requested. You will review our work, provide feedback and approval in a timely manner as well. Just as we will be bound by our agreed upon timelines, you will be bound by these timelines as well.
We agreed to do everything that we have identified in the scope of this estimate, and we will do it all in a professional and timely manner. We will endeavor to meet every deadline that is set, and we will maintain the confidentiality of everything you give us.
If you contract with us to host your website on our servers. We agree to provide you with an up-to-date server running current stable versions of all required server software. We agree to scan all of your site’s files nightly, with several anti-spam/anti-malware utilities. Malicious software will be identified and removed immediately. All incoming and outgoing email will be filtered for spam and viruses as well. We will provided you with secure passwords for your Website, FTP, email, and admin consoles, and you will be strongly urged to not change them to less secure alternatives. If your site includes the WordPress CMS, then we will additionally install a suite of security plugin, and establish automatic updating of all WordPress core software, plugins and themes.
With all of those security precautions in mind, You agree to indemnify, save and hold us harmless from any and all damages, losses, lawsuits, expenses or costs that might arise as a result of claim or action by a third party. This includes any action that involves hacking or other malicious activity by a third party resulting in damage to your website, reputation, goodwill or revenue. If your website is hacked, despite our precautions, it cannot be considered our fault. We’ll do everything in our power to rectify the situation but we are not responsible for any damages or actions that may occur as a result of the malicious intrusion.
TERMS AND CONDITIONS
Hourly Fees and Expenses – Fees for this project are based on time and materials expended, billed at the hourly rate listed above. Any design work that is not described in the above estimate will be billed at this same hourly rate. Any new or additional design work will be negotiated and agreed upon prior to the onset of new work. You, the client, are responsible for out-of-pocket expenses incurred in connection with the project.
Design – We do not develop graphic design in house. We work with other professional sub-contractors to create the look-and-feel of your new website. You will be contracting directly with the other designer (as outlined in the estimate), and those fees and services will not be included in, or covered by this contract.
Website Development – Once your work with these outside graphic design professionals is complete, we will take their designs and begin the development of your website’s templates including the mobile responsive layouts. You will have several opportunities to review our work and provide feedback. If, at any stage, you are not happy with the direction our work is taking, you will pay us in full for everything we have produced up to that point and we can cancel this contract, if that is your choice.
Text content – We’re not responsible for writing any text copy. If you would like us to develop new content for you, we can provide a separate estimate for that.
Photographs – You should supply graphic files and logos in an editable, vector digital format (if possible). You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you would like us to search for photographs for you, we can provide a separate estimate for that.
Desktop browser testing – We test our work in current versions of major desktop browsers that comply with up-to-date website design standards, including Safari, Chrome, Firefox and recent versions of Microsoft Edge. We cannot guarantee that your site will look the same on non-standards compliant browsers, but for most browsers and devices, your users will get the best, appropriate, yet possibly different, experience that their browser or device is capable of displaying. We do do not develop or test for Internet Explorer 7 or below unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate 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 and Chrome. Android: Chrome and Firefox. We currently don’t test Blackberry, Opera, Symbian or other older mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
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 will need to accomplish everything you have told us you want, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem, and we will provide a separate estimate for that.
Copyrights – First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. We also warranty that to the best of our knowledge that anything supplied by us does not infringe upon the rights of any third party. Should you include graphic files, logos, images, or other content or media in your website that you do not have proper right and privilege to use, the Provider will be held harmless of any action taken against you as a result of the use of these materials.
When your final payment is received, copyright will be automatically assigned as follows: You will own the visual elements that we create for this project. Upon request, we will provide you with copies of all source files and all live site files. You will be expected to keep them somewhere safe as we’re not required to keep copies for you. You own all elements of text, images and data you provided, unless someone else owns those digital rights.
We retain the right to reuse code snippets, functions, and programming techniques in our future projects and ventures, but not the entire work product as a whole. You will essentially own the unique combination of these elements that constitutes a complete design, exclusively and in perpetuity, but we will maintain the right to reuse ideas, code snippets, and functions that might be part of your project, unless we agree otherwise. We reserve the right to display and link to your project as part of our portfolio and to write about it on websites, magazine articles and books.
WordPress – The WordPress CMS Software is open source. We are not responsible for the development of its core files. It’s entirely possible that bugs, security flaws and compatibility issues which are out of our control may arise with future releases of WordPress. We do not warranty that this software will work flawlessly or that updates to the WordPress core or any of its plugins or themes might possibly break an aspect or feature of your site. We will however, work with you to get it fixed and up running again as soon as possible.
Disclaimers – We can not guarantee that our work will be error-free and so we can not 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 have advised us of them, but we will work with you to resolve the error as quickly as possible.
We reserve the right to terminate this contract if, based upon our discretion, you make changes to the product in such a way and to such an extent to which the product becomes illegal, obscene, or sexually explicit. We will provide you with a notice of our intent to discontinue services – which shall indicate the terms, conditions and reasons of the termination.
You agree that any controversy arising out of, or related to this contract shall be settled by arbitration. You can not 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.
This contract is to be governed by the laws of the State of Arizona, USA. Your autograph signifies your agreement to these conditions.
Printed Name ______________________________
Jesse Waitz, President, FlagstaffConnection.com