Contract

Revised Date: 24/10/2016

Between me, Simon Jobling (unstyled) and you [customer name]

Summary:

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. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I’ve 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.

So in short;

You ([customer name]), located at [customer address] are hiring me Simon Jobling (unstyled) located at The Corner House, 1 Laud’s Road, Crick, Northamptonshire to [works to be carried out] for the estimated total price of [total] as outlined in my previous correspondence. Of course it’s a little more complicated, but we’ll get to that.

What do we both agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me everything I need to complete the project as and when and in the format I need it. 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 set out at the end of this contract.

Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.

The details

Development

I create cross-browser compatible, semantic code to designs provided. This contracts requirements will be coded to work in the browsers listed below.

You’ll have two or more weekly opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.

HTML, CSS and Javascript

I deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviours.

Browser testing

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 website should be appropriate to the capabilities of a browser or device but with a consistent user experience inline with design style guides (we’ll come to these later) across all popular devices for your audience.

Desktop browser testing

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla (Firefox) and Opera. I’ll also test to ensure Microsoft Internet Explorer 10 for Windows users get an appropriate, possibly different, experience. I won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Device browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a website is appropriate to the capabilities of the device they’re using. I test my work in:

iOS 5.1: Safari iOS 6: Safari, Chrome, Opera Mini
Android 4.1: Google Chrome, Firefox, Opera Mobile and Opera mini Android 2.3: Browser and Opera Mini

Windows Phone 7

Device Lab

I have a small device lab of popular devices including –

  • iPhone 6s (iOS 10, Safari, Chrome, Opera mini)
  • iPhone 5s (iOS 9, Safari, Chrome, Opera mini)
  • iPhone 4s (iOS 6, Safari, Chrome, Opera mini)
  • iPad 1 (iOS 5, Safari, Chrome)
  • Samsung Galaxy Mini (Android 2.2 browser, Opera Mobile, Opera mini)
  • Hauwei Blaze (Android 2.3 browser)

I currently don’t include the testing on Blackberry OS, Blackberry QNX, Symbian or other mobile browsers but can do. If you need me to test using these, I can provide a separate estimate for that.

Technical support

I am not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you at one of our preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

3rd party APIs & plugins

Depending on what’s needed your project may require the use of 3rd party APIs. The installation and implementation of these come as is, there is no guarantee their functionality will exist in the future as 3rd party venders can and do change things.

Search Engine Optimisation

I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the ‘top of Google’, but I build every site in a way that is accessible to search engines in an effort to increase its chances.

Changes and revisions

I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that.

Legal stuff

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. 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.

Phew.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the any visual elements that I needed to create for this project. 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 elements of text, images and data you provided, unless someone else owns them.

I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that to you, exclusively and in perpetuity for this project only, unless I agree otherwise. I can provide a separate estimate for that.

This licence will only be in affect when full payment for works carried out is received. Until that point I will retain all intellectual property of these elements and the license.

I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.

Termination

If, for any reason, you decide that you no longer wish to continue with the project, and you want to terminate this contract, or temporarily suspend work on the project (with a view to continuing the project at a later date), you will pay me in full for all of the work that I have produced until that point, at the standard hourly rate detailed in the agreed payment terms

As much as I’m sure we would both not want this to happen. There may, for any reason, be a need for me to terminate the contract with you. If this does arise (with fair warning) you will pay me in full for all the work that I have produced until that point, as per our agreed payment terms.

Payments

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.

A 50% deposit will be paid and cleared into my bank account before any work starts.

The remaining 50% will be paid upon your receipt of works carried out.

Late Payment

Payments later than 28 days after the issuing date of the invoice are subject to Late payment interest and reasonable debt recovery costs as specified in the Late Payment of Commercial Debts (Interest) Act 1998. Interest Rate is defined as the Bank of England base rate plus 8%.

But where’s all the horrible small print?

Just like a parking ticket, you can’t transfer this contract to anyone else without my 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 remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of British courts.

Oh and don’t forget those men with big dogs.

The dotted line

Signed by and on behalf of Simon Jobling (unstyled)

Signed by and on behalf of [customer name]

Date [date]

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

(This contract is an adapted version of Andy Clarke’s contract killer and from some documents found on James Young’s docpool)