Web Development Agreement
This is a legally binding contract entered into by Host Bravo and _________________________.
Summary
We’ll always do our best to fulfill 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. That stuff can be found at https://hostbravo.net/terms.php (all "that stuff" applies too!).
We have 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”), are hiring Host Bravo (“We or Us”) to:
Design and develop a web site as described in the plan outline for the estimated total price as outlined in the quote. Of course it’s a little more complicated, but we’ll get to that.
What both parties agree to
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. 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 within this contract and in the quote/invoice.
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 endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
THE NITTY GRITTY
Design
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository, or development site with you and we’ll have contact as required.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you can pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Text content
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Graphics and photographs
You should supply graphic files in an editable, vector format. You should supply photographs in a high-resolution format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
HTML, CSS, and JavaScript
We deliver web page types developed from HTML markup, CSS style sheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviors. We primarily build upon the Wordpress Platform but may use others depending on your needs.
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 design should be appropriate to the capabilities of a browser or device.
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’ll also test to ensure that people who use Microsoft Internet Explorer for Windows get an appropriate experience. 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
Mobile browser 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 9: Safari, Google Chrome
Android: Google Chrome
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Technical support
We are a website hosting company and we do offer support plans for website hosting, email and other services relating to hosting in this agreement. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up plan for you and guide you on that separately. Otherwise, the updates and management of that server and your services will be up to you.
Search engine optimization (SEO)
We offer basic SEO but don’t guarantee improvements to your website’s search engine ranking. The web pages that we develop are accessible to search engines. Customized SEO options are available in some plans and as an additional option.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate 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 weeks.
Legal stuff
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. Also, "that stuff" (the fine print) we discussed in the first paragraph must be read, understood, and agreed to before entering into this agreement.
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’ve 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 design for you plus the 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 are 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. You also acknowledge that you have read, understand, and agree to all other terms and conditions
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.
Payment schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.
We issue invoices electronically. Our payment terms are due on the date of invoice unless otherwise specified. All proposals are valid for 14 days and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. 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 rate of 10% per month or part of a month.
But where’s all the horrible small print?
There really isn't any, but, 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 needs 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 United States and Tennessee courts.
The dotted line
Signed by and on behalf of Host Bravo:
………………………………………………………………………………
Signed by and on behalf of _________________________:
………………………………………………………………………………
Date:
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