As with all business associations, we need a contract.
I’ll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that everyone is on the same page. I have 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.
“You” means the person or legal entity (such as a corporation, limited liability company, firm, partnership or other entity recognized at law) who is receiving “my” (Miles Franklin’s) services.
You have to accept all terms of services outlined here. By verifying and submitting this agreement you are accepting the terms and conditions of this contract.
You have the authority to enter into this contract on behalf of yourself, your company or your organization. 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 as well.
The project cannot go forward if you are non-responsive. I am not responsible for any delays or failure to meet deadlines because you are unresponsive or fail to provide information and feedback. I will always communicate with you the best I can but providing information and feedback is your responsibility. Failure to stay engaged in the project can lead to me deprioritizing your project and possible termination of this contract.
You need to provide me with current and accurate data so I can provide you with the best website. The data you need to provide includes but is not limited to a domain name and URL, business name, address, contact numbers, emails, content, concepts and ideas, other materials, data, photography, images, artwork, and images. Additionally, you grant me non-exclusive, royalty-free, worldwide license during the term of this Agreement to use, copy, display, modify and transmit the data you provide for the purposes of completing your web services.
You also agree to stick to the payment schedule set out at the end of this contract.
I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I exclusively use WordPress to build sites and I only use the Divi Theme to build my websites. I do not use third-party WordPress themes.
I can provide limited stock photo options from royalty free services such as Unsplash and Pexels. I am not a photographer and I do not have access to a stock photo service.
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), Microsoft (Edge), Mozilla Firefox and Opera. I’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. I won’t test in other older browsers.
I am free to decline any request made by the client. If a current request is beyond my skillset or will take too much time, then I am free to decline the request or request additional payment through a developer’s fee of which means $100 per hour, billed in quarter-hour (15 minute) increments of time.
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 in:
iOS 9: Safari, Google Chrome
Android: Google Chrome on Android Emulator
I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers.
I can help you set up domain or hosting options, however, I am not an expert in these fields. I do not provide hosting services. I cannot register domain or hosting for you. Please ask me questions if you have them.
I will provide training. The training will cover how to utilize the site, operate WordPress, and change customizable aspects of the website. The training can be provided in person or by phone. Even after the site goes live, I can answer any questions that you may have about the site when my time permits.
You’ll have plenty of opportunities to review my work and provide feedback. I will always host your development website on a dev site or on a URL of your choosing.
This project has a $5,000 budget of development time max (this time includes eCommerce websites. If you pay for content writing, content writing is included in the $5,000 budget). Any additional design requests outside of the $5,000 budget max of development time will incur a “developer’s fee” which means $100 per hour, billed in quarter-hour (15 minute) increments of time. I will always make sure you are aware of how much time you have left of the $5,000 budget.
I do provide professional copywriting and editing services.
If I am responsible for making content for your site I will need an idea from you as to what you need. I have created a questionnaire and I will ask additional questions to learn more about your business and goals. Failure to produce information about your business that I can use to create content within 30 days can result in termination of this agreement whereas the deposit will be nonrefundable. In short, if I don’t know about your business, then I will not write your content.
If I am not creating or editing your content, then the rule still applies: I need content from you and failure to provide content within 30 days can result in termination of this agreement whereas the deposit will be nonrefundable.
Content dictates design and without at the very least a rough draft of your site’s content I will not start development of the website. Please provide content.
As used herein, “Content” means, without limitation, all textual, visual, video graphic, photographic, audio, animations, images, logos, graphics, data, files, applications, or other elements that may be encountered as part of the user experience on the Website.
Search engine optimization (SEO)
I cannot in good faith guarantee improvements to your website’s search engine ranking. However, I use a multitude of techniques and tools to improve the SEO ranking of your website. The SEO services are already included in the $500 non-refundable deposit.
Changes and Revisions
I will not limit your ability to change your mind.
I have premade themes that you can change and have me update. The development time is hourly and theoretically limitless. However, we will try to keep the project within the $5,000 budget. If the project goes over the $5,000 budget I have the right to terminate.
However, constant changes can eat into your development time. This is why I urge you to be clear, concise, and thorough with your critiques and your ideas. I will do my best to ask questions and extract information from you but the more you hold back, the less I can recreate your vision.
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 your good selves, 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. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. 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. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless I agree otherwise.
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, 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.
Deposit: I will not start on your web project until you pay the $500 deposit. This deposit is non-refundable and signing this contract does not bind you to provide a deposit. However, once I receive the deposit and this signed contract, the deposit becomes non-refundable and all elements of this contract come into effect.
The $500 non-refundable deposit is a separate fee. The deposit covers the training call and SEO work.
I work at an hourly rate. The rate is $100 an hour billed at 15 minute increments. When you reach $500 in development rate then you will need to pay this amount before work can continue on the project. I will inform you of when you have reached this limit. By paying at every $500 we avoid one large payment at the end and make both parties aware of the cost involved in the developing process.
If your payment does not cover the current development price, then I will inform you of the shortfall. I have the right to suspend any services or completely terminate the contract if the development payments are not made.
At the completion of the project, any and all outstanding fees are due including additional charges, hourly developer fees, and other fees.
Method of Payment: Unless otherwise agreed upon by you and me in writing, all payments from you need to be in U.S. dollars, by credit card (Visa, MasterCard, Discover or American Express) or through check (if agreed upon in writing). Payment is done through PayPal or Stripe, whichever you feel most comfortable with. I do not hold onto to credit card information and do not contain your sensitive information. I will be using this third party system thus any error or breaks on their part is not my responsibility.
You can change your method of payment but you’ll need to provide a 30 day warning beforehand.
Authorization: Let me be clear: you hereby authorize me to charge your card through third party software. Failure to provide payment can result in termination of this agreement.
I can require advance payments on Additional Charges that occur outside of a project’s set Base Price. I will let you know if I request additional charges be paid up front before I deliver services you are paying for.
In order to ensure, the $5,000 budget is well-utilized. I am offering maintenance services at $100/15 minute increments.
The client is contracting the developer as a provider of web site maintenance services. Services will be charged at $100 an hour billed in 15-minute increments. Payments are due at the beginning of each month. For example, if two hours of services were fulfilled in January, a bill of $200 will be sent on February 1st.
What IS included in the maintenance agreement portion:
- Edit, revise, update or create new textual/minor graphical content.
- Consultation, and guidance on the use of the web site
- Onpage SEO such as Meta tags (title, description, keywords), alt tag, h1, h2, h3
- Regular monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
- Protection against hackers from gaining access to your site
- Regular and thorough backups of your site so that it may be fully restored in case of loss.
- I am here should you need me for consultation and advice.
- Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
- Downtime is highly inconvenient for any website owner, and when it happens it is important to have someone on hand to help. I can assist you by liaising with the hosting company to sort out the situation as quickly as possible.
*When your site is oﬄine you need immediate technical support, I ensure that option is available and deal with any issues myself, so you don’t have to.
*Generally, I will avoid making non-essential changes. For example, I will let you know if I think a better SEO strategy will work for you before making the change. This way, you can pay for what you want and view as essential. However, if I notice someone is trying to hack your site, I will immediately attempt to stop the hacker's efforts, and bill the time I spent doing so.
What is NOT included in the maintenance agreement portion:
- Web site redesign, re-alignment or re-development equalling more than 50% change to the web page, web site, web graphics on the website (i.e., 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%)
- CMS design or integration including but not limited to blogs, shopping carts, and web forums. These require a separate design agreement.
The developer shall provide Client with minor updates to the web site for an indefinite period within this contract. During the duration of this contract, the Client agrees that the developer will be the sole provider of maintenance services for the web site. No third party will have access to or rights to change the web site. If a party other than Developer makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
Deadlines & Deliverables:
The developer will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone. I will provide a confirmation that the request was received, and an estimated completion date for each action item in the request.
The developer will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. If the developer has any issues in delivering on a quoted deadline, the client will be notified via email or telephone the reasoning for any change.
Any revisions, additions or redesign Client requests Developer to perform that is not specified in this document shall be considered "additional" and will require separate agreement and payment. The developer shall advise the client on any requested work that falls within these bounds.
Client hereby authorizes Developer to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that 'write permissions' are in place on said hosting provider.
You may terminate this contract for any reason upon 30 days of written notice to me. Upon receiving such notice, your payments to me shall become immediately due for all previous website services not yet paid, including any development fees and additional costs.
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 Franklin County, Ohio courts.
I’m not an innovator. My goal is to be an affordable and experienced resource for you as you navigate the internet with your website.
I provide one on one time and attention to you. I provide industry leading service for a fraction of the price.
If you work with me, I will work with you. The thing that worsens business relationships is a lack of transparency. Please ask me questions. Please email me before you sign the contract and send the deposit. If you have questions or concerns – voice them.
I look forward to doing business with you and thank you for the opportunity.