DESIGN/DEVELOPMENT CONTRACT

Between [Me the Designer] And [You, The Client]

Summary:

Contracts are for negotiation, not fighting...

I understand that you're spending your hard earned money with me, and because of this you will be entering this agreement with a bit of apprehension. That's perfectly understandable, and fully expected. The last thing anyone wants is to be taken advantage of and ending up being ripped off.

Trust me, the feeling is mutual.

I have the same concerns when working with people I've never had the pleasure of doing business with before myself.

Because of this, I always make sure that the both of us are protected, as a way to keep things on course, and within fair and equitable guidelines, by way of a clearly understood, written agreement.

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. You won't find any complicated legal terms or long passages of unreadable text in this contract.

I've no desire to trick you into signing something you might regret later. I want what's best for both parties, so in short;

What both parties agree to

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll give me the assets and information I need to complete the project. You'll do this when I ask and provide the formats I ask for. 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 at the end of this contract.

Me: I have the experience and ability to deliver everything I've agreed to, and I'll do it all in a professional, timely manner. I'll endeavour to meet every deadline that's set (and inform you of needed time extenstion to which you will agree) and on top of that I'll maintain the confidentiality of everything you give me.

By signing this contract, you agree to the following:

Design services

I'll create responsive designs which adapt to the capabilities of many devices and screen sizes. To give you a better understanding of the designs, I'll use HTML and CSS predominantly which will also avoid us wasting time mocking up every template as a static visual.

Sometimes, I'll use visuals to indicate a creative direction (colour, texture and typography.)

You'll have plenty of opportunities to review my work and provide feedback. I'll share either a Dropbox, Google Drive folder or Github repository or a development site with you. We'll have regular, possibly daily, contact by phone, Slack, or Zoom.

If—at any stage—you change your mind about our deliverables or aren't happy with my work, you'll pay me in full for the time I've spent working with you. Then, we agree to terminate this contract.

Written content

Unless agreed separately, I'm not responsible for uploading text or images to your website or creating every page. I provide professional copywriting and editing services, so if you'd like me to create, edit, or input content for you, I'll provide a separate estimate.

Graphics and photographs

You will supply graphic files in an editable, vector or raster, digital format including, but not limited to, Adobe Illustrator (Ai), Scalable Vector Graphisc (SVG), or EPS. You will provide high resolution digital photographs. If your design requires stock images, the cost of these assets—and the time I spend selecting them and editing them—aren't included in my price. I will provide a separate invoice for stock images research and editing which will be prorated at my hourly rate of $50.00 CAD. These will be referred to as 'billable hours & expenses', and your invoice will reflect these additional expenditures

Testing

You understand 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. You agree it does mean ensuring someone's experience of a design should be appropriate to the capabilities of their browser or device.

I will test my work only in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla (Firefox.) I won't test in older versions unless agreed separately. If you need an enhanced design for an older browser or specific device, I will provide a separate estimate for that. I will test your design using the latest versions of:

iOS: Safari on iPhone and iPad

Android: Google Chrome

I won't test specific Android devices, or other mobile browsers unless we agreed separately. If you need me to test using alternative devices, I will provide a separate estimate.

Delivery and backup

At the start of the project, you'll set up a free Github account, Dropbox account, or Google Drive account. I'll use this account storage to deliver HTML, CSS, and JavaScript files, as well as production and optimised images. You will retain these files as I'm not required to keep copies.

Should you not be all that computer savvy and need assistance setting up something like the aforementioned services, I will be happy to assist according to my aforementioned hourly rate.

Search engine optimisation (SEO)

You understand I don't guarantee improvements to your search engine ranking, but that the websites I develop are accessible to search engines.

Hosting

I'm a web designer—not a hosting company—so I don't offer support for website hosting, email, or other technical services. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don't already have hosting, I'll recommend a provider and ask you to set up an account.

Again, if you need assistance with this, I can help but hourly rates do apply, and your invoice will relfect these services.

Setting up your website on a server and adding analytics software can be included in my price. After that, updates to your website and management of your hosting will be up to you.

Should you require site maintenance and/or updates, we can negotiate an agreement to handle these issues seperately.

Legal stuff and nonsense

I carry out work in accordance with good industry practice and at the standard expected from qualified people with relevant experience.

That said, I can't guarantee that my work will be free from critical errors. I won'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.

Conversely, your liability to me will be limited only to the prices stated in this contract. 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 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

You guarantee the written content you provide is original, or that you have the rights to use it.

You also guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries.

You agree to protect me from any claim by owners of copyrighted material.

When my work requires licensed fonts or images from stock libraries, I'll ask you to purchase them so you'll be licensed to use them. In the event that I must purchase resources for your project, you will reimburse me the cost of the expenditure for such assets.

I guarantee my work is original. When you've paid me in full—and if this contract hasn't been terminated—I'll assign intellectual property rights to you as follows:

You'll own the graphic files we produce during your project. I'll give you permission to use these files for any purpose.

I'll own the unique combination of elements which constitute the complete design. I'll license it to you, exclusively and in perpetuity, for this project only. What this means is that you cannot take my work, or any part thereof, and hack it apart to build something else from it. The work I present to you must remain intact, and only used for the purpose of which is was originally intended at the time of the signing of this agreement.

Displaying My Work

I love to show off, so I reserve the right to display any aspect of my work as long as doing so doesn't breach any confidentiality agreement. This may include sketches, work-in-progress designs and the finished project on my website, in magazine articles, online video platforms, or in books.

Payment schedule

You understand how important it is as a small business that you pay your bills promptly. I'm also sure you'll want to stay friends, so you agree to stick tightly to the following payment schedule;

[Payment details]

[Payment schedule]

The payment terms are [number] days from the date of invoice.

I issue invoices electronically and my bank account details will be included.

My invoices will be in [currency]. If your currency is different, you agree your payments will be the same value as the currency value that I charge.

Where applicable, you agree to pay all charges associated with international transfers of funds.

I reserve the right to charge interest on all overdue debts at the rate of [percentage] per month or any part thereof.

But where's all the small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other's permission.

We both agree to adhere to laws and regulations in relation to our activities under this contract and not to cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. Although the language is simple, the intentions are serious and this contract is a legally binding document under exclusive jurisdiction of Canadian courts.

Additionally, should our business endevour go sideways, and we need to seek remdey with the courts, you fully concure that I will not assume the liability, or responsibiliy of your legal costs. All of your legal costs, whether in part of in full, will be at your expense.

Furthermore, should I require to seek remdey within the courts to settle your account, in the event of nonpayment, you concur the onus of any legal expenses incurred in the pursuit of reclaiming any owed debts is on.

The Dotted Line

Signed by and on behalf of [me, the designer]

Signed by and on behalf of [you, the client]

Date [date]

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