The Agreement
Project Description.
Client wishes to hire Designer to create and manage a Website of one page to begin with, in addition to management of domain and hosting. Creation of new pages can be made in the future which may be covered by the management fee. This being said certain requests of services from the client will be quoted accordingly.
The yearly management fee includes a future redesign of the website. We are happy to create a new design if the website looks/feels outdated, with the exception that the request is not abused by the Client consecutively every single year, and only after a reasonable amount of time has passed from the last update of a new design.
The Designer deems 2-3 years from the initial build a reasonable amount of time for when a website may need to be refreshed and updated with a redesign.
Schedule.
Our estimated time required for your website build is 30-60 days. We will commence the work right after we have received a signed contract and a non-refundable initial deposit of 50%. Please keep in mind that we rely on you and your team to provide us with the necessary assets ( including but not limited to website text, photos, social media, products, pricing etc.), and approvals in order for us to work on your website, and to avoid the websites launch date.
Payment.
The Parties agree to the following Payment and Payment Terms:
Total Fee for Services: $1000 AUD
Upfront Fee (Due Before Project Start Date): $500 AUD
Remaining Balance Due: $500 AUD
This is a fixed payment fee that will be re-occurring every year from the date of first invoice.
Failure to pay before the due date may result in the website being taken offline.
Payments per year are subject to change depending on time and effort to manage the size of website, hosting needs and any other tools required to manage the site. We will try our very best to stick to the original amount stated above. We will ask for approval before going ahead with anything if this was to occur.
Browser functionality.
All of our websites are tested for functionality on current safari, chrome, firefox internet browsers. We do not guarantee that your websites will look exactly the same on every screen, and may appear differently due to varying screen resolutions and aspect ratios.
Revisions.
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is an estimate of what we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional changes.
Search engine optimization (SEO).
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
Domains & Hosting.
We may use our own servers or a third party hosting company for domain registration and hosting. If the website goes offline, we will try to get it online again for the sake of the common good.
Support & Maintenance.
Our fees include a yearly flat rate that allows us to manage your website which includes general maintenance and content updates from you (up to 60 minutes per month). Some requests may come at an additional cost. You will be quoted accordingly.
Email Addresses.
The Client will take sole responsibility for the business’ email addresses.
Ownership Rights.
Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, Client will own the final website design. Source files can be handed over to the client if requested, as well as the domain name it was originally on.
While Designer will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs it may create as a result of this Agreement.
Representations and Warranties.
Designer. Designer represents and warrants that he/she has the right to enter into and perform this Agreement. Designer further represents and warrants that he/she has the right to utilize and distribute the designs created for Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Client. Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this Website. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.
Disclaimer of Warranties.
Designer shall create a Website for Client’s purposes and to Client’s specifications. Designer does not represent or warrant that said website will create any additional profits, sales, exposure, brand recognition, or the like. Designer has no responsibility to the client if the website does not lead to the clients desired results.
Limitation of Liability.
Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery.
Legal and Binding Agreement.
This Agreement is legal and binding between the Parties as stated above.
The Parties each represent that they have the authority to enter into this Agreement. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
