Terms of Service Agreement: Contract
As you've reached this stage you should have discussed such things as the number of pages of your new website, the domain name of the site and hosting.
If you have not discussed these things, or if you are unsure about anything, send an email to firstname.lastname@example.org and mention what it is you need to be clear about. It's important that you are clear about what is happening from this point forward.
Immediately below is the contract, which you should read carefully. It is the open-source contract based on the famous Stiffs & Nonsense contract which is written in Plain English, as we don't like legalese very much and we think that everyone should understand exactly what is being said without knowing Latin!
Below that you can download a hard copy of the contract which you can sign, scan and email back to us at email@example.com, although it is not necessary for you to do that. You are understood to have agreed to these terms.
Below that is the payment method. Once you have paid we will proceed with the domain name research for your new website.
And [customer name] _________________
We’ll always do our 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. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You ([customer name])__________________________________ , located at [address] ______________________________________(“You”) are hiring Strongsites, an Imprint of Inteltab, to:
- [Design and develop a web site
For the estimated total price as outlined in our previous correspondence which is equivalent to or exceeds £47.
Of course it’s a little more complicated, but we’ll get to that.
What do 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 us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our 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 set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet any deadline that’s set and we'll also maintain the confidentiality of everything you give us. We will begin with the research of the best domain name for your new website upon full payment of the agreed cost.
Unless agreed separately, we’re not responsible for inputting text or images into your content management system. As part of keeping costs down to a very low level we will supply the website separately to the content. We do not provide professional copywriting and editing services ourselves, but we do recommend a tried and tested resource for having professional web content written professionally within the UK for a very small amount (average about £20 for 500 words); this third party supplier (which can provide a choice of many different individual suppliers) is entirely in keeping with the low-cost, high-quality philosophy of our overall 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. In practice this means that all websites should look optimally good on all devices.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
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. We test our designs in:
iOS: Safari and Google Chrome
Android: Google Chrome
We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. But we have great experience of the various hosting services available and the standards which they should provide. To this end we will recommend hosting services we have either used ourselves or which have been greatly recommended to us by several trusted sources or partners.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking at the supply stage, but the pages that we develop are accessible to search engines. We recommend that local SEO procedures are taken up immediately so that visibility of the site can be maximised.
You will normally only need Local SEO procedures. Other longer term SEO options are available if necessary. You should be aware that SEO is used to get a website its maximum optimum visibility in search engine results, etc., and is not an end in itself. Expensive SEO packages are not necessary for most applications, so don't be talked into buying one. National SEO and Local SEO are two different things. Most people reading this contract will only need Local SEO, unless your target market is the entire country or English speaking world (which does happen occasionally).
Above all, please do not rush into any SEO agreement with a third party outside of the Strongsites agreement, as it will not be necessary, it will be expensive and it may do more harm than good, especially in the context of local business citations. Talk to us before making such decisions; that's what we're here for. Our philosophy is to supply high quality services at very low cost, and this has ensured us continuous work and many thousands of satisfied clients since 2002.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we 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 us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’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 have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we supply you plus any visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re 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.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. However, we will always ask your permission to do this. We are not obliged to show examples of our previous work.
As a small business working to small profit margins and with several people to pay we cannot offer any credit whatsoever, therefore payment must be made in full before work can start on any project.
Payment should preferably be made by the Paypal button. If that is not possible then payment should be made in another appropriate manner. If it takes time for funds to clear then work will not start on any project until these funds have cleared.
You agree to pay all charges associated with international transfers of funds (where appropriate). The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the statutory rate of 8% per month or part of a month. (But at these prices, who cannot afford to pay?)
We will do our best to fulfil all of the client's requirements, including revisions. As the service supplied consists of physical files which can easily be copied, therefore replicated, refunds are neither applicable nor possible as the agreed work has already been supplied.
But where’s all the horrible 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 that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
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 English and Welsh courts.
The dotted line
Signed by and on behalf of Strongsites
Signed by and on behalf of [customer name]
Everyone should sign above and keep a copy for their records.
To download and print off a hard copy of the contract, select here and right-click using Save or Save As, depending on your operating system.
Then please scan the completed contract and send it to us by email to firstname.lastname@example.org.
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