Terms & Conditions

Summary

We will always do our best to fulfill your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong. In this contract you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret. We do want what's best for both parties, now and in the future.

In short

You, the Client, are hiring Point Red Design, to design and develop a web site for the estimated total price contained in our Quote and  as outlined in our previous correspondence.

What do both parties agree to do?

As our customer, you have the power, and ability, to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images, and other information as needed, and when needed, and in the format we ask for. You agree to review our work, provide feedback, and sign-off approval in a timely manner. Deadlines work two ways, so we both will be bound by any dates  we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need, and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all deadlines; however, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in a timely manner. In addition, we will also maintain the confidentiality of any information you provide us.

Design

We will create designs for the look-and-feel, layout, and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work produced up to that point, and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup, HTML 5, and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, and Mozilla.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, and 6 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Text content

Copy for your web site must be supplied by you in a sensible format, ideally a .doc format via disk or email attachment. Otherwise, if not supplied on disk or via email, there will be an additional charge for typesetting.

If you are interested in Point Red Design being responsible for the text in your website, we will offer these services at a price per page, blog post, news post or the like. This includes content gathered from previous web content and any other research we conduct for the text.

Photographs

You will supply photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. If we spend searching for appropriate photographs will be charged at our current Standard Rate per hour.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We do not want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the number of days we estimate needed to accomplish everything you have told us you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that will not be a problem. You will be charged the daily rate set out in the estimate we provided. Along the way we may ask you to put requests in writing in order that we will be able to keep track of changes.

Technical support

You may already have professional web site hosting; you might even manage hosting in-house; if that is the case, great. If you do not manage your own web site hosting we can set up an account for you at one of our preferred third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics.  Further updates to and management of that server, plus any support issues, will then be up to you.

We are not a web site hosting company, so we do not offer or include technical support for web site hosting, email, or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we will help and will charge you our current Standard Rate per hour.

Legal stuff

We are not able to guarantee the functions contained in any web page templates, or in a completed web site, will always be error-free, and therefore you agree we will not be held liable to you, or any third party, for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee to us any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in the web site are either owned by you, or you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements we create for you for this project. We will give you a copy of all files and you should store them securely and safely as we are not required to keep them or provide any native source files we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on web sites, in magazine articles and in books about web design.

Payments

We are sure you understand how important it is as a small business for you to pay the invoices we send you in a prompt and timely manner.  We are also sure you will want to stay friends, and you therefore agree to stick tight to the following payment schedule.

  1. 25% retainer at beginning of development
  2. 25% payment upon approval of design
  3. Final full payment upon project completion

But where is all the horrible small print?

Although the language is simple, the intentions of this document are serious.  Just like a parking ticket, you cannot transfer this contract to anyone else without our 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 shall remain in place.

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