Web Design Contract

Lionsites Web Design – Customer Contract (Sample)

The following is a preview of what your customer contract will contain. According to your needs and wants, we may change some of the conditions and will present them to you before you sign the contract. Note, that any oral contract made with Lionsites Web Design, is legally binding the moment you have made your 50% down payment for the job. The below Terms & Conditions apply to all contracts, including printed and signed contracts, electronically signed contracts, and the old-school handshake or oral contract.

To protect both parties, we advice every new customer to sign and date a printed or electronic contract. For those of you who refuse, but do give us a 50% down payment, you will be legally bound to fulfill your promise to pay the remainder of any balance, and any additional costs incurred during the process of creating the website, in full upon the launch of the website or upon the implementations of any updates or changes to an existing website.

Date:[date]

Between: us [Lionsites Web Design]
and you [your customer name]

Summary:

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 somethings 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 don’t fully understand or might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short

You ([customer name]) are hiring us (Lionsites Web Design) located in [Venice, FL] to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence that contained your quote. 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.

The Project Details

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 this stage, 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 daily rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS and WordPress templates, we will develop these using valid XHTML 1.0 Strict 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. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way.

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 need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Text content

We may have written a best-seller but 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 [price] per hour 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 [price] per hour.

Changes and revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we’ll need to accomplish everything that you have initially told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we will ask you to put requests in writing so we can keep track of changes.

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 have you set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-time fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus 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 will charge you [price] per hour. You must submit such request in writing.

Legalities

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. Technologies and programming languages are always changing and evolving, of which we have no control.

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 & Ownership

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 selfs, 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 creating 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 your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

Payments (Applies to Oral Contracts as well)

We are 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.

[Payment schedule according to previous agreement listed here]

Note: Regardless of having signed a contract or not, your final payment is due before the launch of your website on your hosting server. You will need to give us the written okay to launch the website or apply your requested changes. You do not own the intellectual and creative properties of your website until payment has been received in full. We retain the right to take down or back our work, templates, code if payment has not been received in full 30 days after the launch or publishing of our work.

Additional Conditions

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 Florida Law]courts.

The dotted line ——-

Signed by and on behalf of [your company name]
Signed by and on behalf of [your customer name]
Date [date]

Signed by and on behalf of Lionsites Web Design
Signed by and on behalf of [Web Designer Name]  the assigned web designer in charge of your project
Date [date]

(Everyone should sign above and keep a copy for their own records.)