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 the Terms and Conditions below you won’t find any complicated legal terms or long passages of unreadable text and you may have guessed the way this is written that that my Terms and Conditions also form the body of my working contract with you. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You ([customer name]), located at ([customer address]) are hiring TN2 Networks located at 6 Bowens Field, Ashford, Kent. TN23 4QW to ([design and develop a web site]) for the estimated total price of ([total]) as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
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 give me everything I need to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. 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.
Myself: I have the experience and ability to do everything I’ve agreed with you and will do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that will maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
I create designs, 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 not to waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography).
You’ll have plenty of opportunities to review my work and provide feedback. I’ll also share a working Dropbox with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
I’m not responsible for writing any text copy. If you’d like me to write new copy for you, I can provide a separate estimate for that.
You should supply graphic files in an editable, vector digital format. 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 search for photographs for you, I can provide a separate estimate for that.
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.
Desktop browser testing
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. I’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. If you need an enhanced design for an older browser, I 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. I test my work in:
iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox. This will cover testing the look and feel of your website on the most popular smartphone and tablet resolutions and orientations.
I currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need me to test using these or for any specific devices, I can provide a separate estimate for that.
Backups and Site Audits
Your website will be backed up directly before it’s due to go live. From there on in I will endeavour to back up all client websites that have had any significant changes made to them on a weekly basis at a time of my own discretion.
This however is a free service to my clients and comes with no form of guarantee. If you need backups to be made at more frequent intervals or to be guaranteed, an estimate can be provided for this.
I also strongly advise my clients to hold a copy of their backup files locally at their own premises. I will gladly help in the setup of a Dropbox or any other form of cloud based storage to facilitate this.
If at any time your website backup becomes an issue with regards to my resources you will be informed and consulted upon a best course of action.
For clients that request 5 or more hours of paid work each month a weekly site audit will be initiated free of charge from the first working day of the following month, finishing at the beginning of the first month after you have dropped under the 5 hour threshold. The items audited will be under the discretion of myself but will always be formed from consultation with you. These will be simple checks to begin and will look for any information possibly out of date or context and can possibly depending on your business include a basic form of reputation management.
It is entirely at my discretion as to the depth of audit I provide and whether or not I continue this service to each individual client. If you do need a deeper or more frequent audit, an estimate for this can be provided.
I do not run a website hosting company so don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I will help set up an account for you at one of my preferred hosting providers. I will set up your site on a server, plus any statistics software such as Google Analytics.
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I 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 I estimate I’ll need to accomplish everything you’ve told us 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 will provide a separate estimate for that.
I can’t guarantee that my work will be error-free and so 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. 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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. You will also own all elements of text, images and data you provided, unless someone else owns them.
You will also own the unique combination of these elements that constitutes a complete design.
I love to show off my work and share what we’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of a portfolio and to write about it on websites, in magazine articles and in books.
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 following payment schedule.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my 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 English and Welsh courts.
The dotted line
Signed by and on behalf of TN2 Networks
Signed by and on behalf of ([customer name]) Date ([date])
Everyone should sign above and keep a copy for their records.