New Contract Company Name* Billing Address* Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Contact Name* First Last Phone*Email* Billing Contact Name (if different) First Last Website URL (if you have one)* Do you already have a brand, established colors, or image?*PROFESSIONAL WEBSITE DEVELOPMENT SERVICES: At $120 an hour, for 30 hours max, you receive: Responsive Design (Mobile and Tablet Friendly Layouts) Advanced Search Engine Optimization A website you can edit and update (that you own!) Training and tutorials Continued support, even after the website goes live 20 webpages 30 hours of web development time Do you need content writing?* Actually, yes No thank you, kind sir! Content Writing I can edit or create content for you! This service is included in the developer's fee so there is no additional charge! I can generate or edit content for each page. The content writing services fall under the $100 per hour developer fee. Do you want to fill out the content questionnaire now?* Yes No I understand. However, we cannot start the web project until you fill out the questionnaire and we both agree on the information about your business. I can always get you the questionnaire at a later date.Content can be difficult to create. With this questionnaire, I want to work with you to make the process easy. Please answer the following questions in paragraphs or bullet points. Don’t worry about grammar, punctuation or spelling. Just get your ideas down and I'll do the rest!The Mission of Your Business1. The best businesses are those with a mission. What is your company’s mission, vision, or philosophy? Include comments about the culture of your team/business.*2. List between 2-4 competitors. What makes you unique from them? Why would/should a customer come to your business instead of theirs?*4. Describe the typical user to your website. What are their goals? What call to actions do you want them to see?*About Your Business5. Please give a detailed history about your business. What do you want customers to immediately know about you?*Here are some starter questions: a. When did you start? b. Who are the team members? c. Why did you start your business? d. What are the core strengths of your organizations? e. What funny/interesting stories do you have about your business?What Your Business Does6. Please list ALL of the services you provide. Under each service, please provide a description of what that service is. The more complicated, the more detailed we need you to be. Once again, do NOT worry about grammar, complete sentences, punctuations, or spelling. Feel free to randomly list your thoughts and ideas in bullet point format, and from that we will develop the more thorough and polished content for your website.*Additional Services: Additional services not included in this agreement (including changes to the agreed-upon content and design) are available at $120 per hour in quarter hour increments with a one hour minimum charge. If there is a request not covered in this agreement, please let me know! Ask me as many questions as you need to.Additional Notes:Print Your Name* Verify* By signing below, you agree to all of the terms, conditions, prices and provisions set forth below. Client, Signed By Its Duly Authorized:*Today's Date MM slash DD slash YYYY CAPTCHACLIENT SIGNATURE ABOVE INDICATES THAT YOU HAVE READ AND UNDERSTAND THIS CONTRACT AND COST ESTIMATE AND ARE AGREEING TO THE TERMS AND CONDITIONS CONTAINED THEREIN. CLIENT FURTHER UNDERSTANDS THE COST OF DEVELOPMENT OF THE WEBSITE IS AN OBLIGATION EVEN IF THE SITE IS NOT USED. TERMS OF SERVICE AGREEMENT – WEBSITE DEVELOPMENT* I agree to the Terms Of Service Introduction 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 essential 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 the terms of services outlined here. By verifying and submitting this agreement, you are accepting the terms and conditions of this contract. Client Responsibilities 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 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 on time 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 give you 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, photographs, 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 to complete your web services. You also agree to stick to the payment schedule set out at the end of this contract. Services 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 $120 per hour, billed in quarter-hour (15 minutes) 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. Hosting I can help you set up a domain or hosting options. However, I am not an expert in these fields. I do not provide hosting services. I cannot register a domain or hosting for you. Please ask me questions if you have them. Training I will provide two hours of 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. All projects have 30 hours of development time max (this time includes eCommerce websites. If you pay for content writing, content writing is included in the 30 hours). Any additional design requests outside of the 30 hours max of development time will incur a “developer’s fee,” which means $120 per hour, billed in quarter-hour (15 minutes) increments of time. I will always make sure you are aware of how much time you have left of the 30 hours. Content 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 non-refundable. 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 non-refundable. Content dictates the design, and without at the very least a rough draft of your site’s content, I will not start the 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 $300 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, I have to protect my time. I have a max development time of 30 hours or $3000 (plus the $300 non-refundable deposit) in payments. Any project over 30 hours 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. Legal stuff 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 your good selves either own all elements of text, images, or other artwork you provide 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 I own all elements of the work I deliver to you, or I’ve obtained permission to provide them to you. When I deliver 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. Payment Schedule 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 $300 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 $300 non-refundable deposit is a separate fee. The deposit covers the training, the theme, and SEO work. I work at an hourly rate. The rate is $120 an hour billed at 15-minute increments. 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 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 upfront before I deliver services you are paying for. Termination 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. Closing Comments 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.