Any client entering into an engagement to design and/or develop a new website, or redesign and develop an existing website, agrees to the following terms and conditions.
Mutual Agreement
Between “us”, McDonald Web Works, and you, “the client:”
Summary
We will always do our best to fulfill the client’s needs and meet their goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what, and what happens if stuff goes wrong. In this agreement, they won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick the client into agreeing to something that they might later regret. We do want what’s best for the safety of both parties, now and in the future. In the client is hiring us to design and develop a website for the estimated total price as outlined in our proposal or estimate. Of cour, e it’s a little more complicated, but we’ll get to that
What Do Both Parties Agree To Do?
The client the power and ability to agree to these terms and to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format we ask for. The client agrees to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and the client is also be bound by any dates collaboratively set. The client also agrees to stick to the payment schedule set out in this agreement.
We have the experience and ability to perform the services the client needs from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if the client has been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that the client gives to us.
Getting Down to the Nitty Gritty
Design
We will create designs for the look-and-feel, layout, and functionality of the client’s website. This agreement includes one main design mockup, otherwise known as a design comp, plus the opportunity for the client to make up to two rounds of revisions to the mockup. If the client is not happy with the designs at this stage, they will pay us in full for all of the work that we have produced until that point and the client may either cancel this agreement or continue to commission us to make further design revisions at our standard design rates in order to continue the progress of their project. This enables the client to get the design that they want while ensuring that there is design budget remaining for the creation of website elements during the development of the site.
HTML and CSS Layout Templates
If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that there are not major issues in design or function in each of them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We will make every effort to ensure that the client’s project design and functionality work on any browser that has at least 0.15% usage as shown here. We will also test that these templates perform well on Apple’s iPad and iPhone.
We will not test old or abandoned browsers, for example, Microsoft Internet Explorer 7 or older versions for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If the client needs us to consider these older browsers, we will charge our standard old browser testing rate of $75/hr for any necessary additional design work, development and testing.
Text Content
We’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate, we will charge our standard copywriting or content input rate of $75/hr.
Photographs
The client will supply us photographs in digital format. If the client chooses to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate of $75/hr. plus the cost of acquiring those images.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to the client, as they often limit the client to their first idea about how something should look, or how it might work. We don’t want to limit either the client’s options or opportunities to change their mind.
The prices in a given proposal or estimate are based on the amount of work we estimate we’ll need to accomplish everything that the client has told us they want to achieve. If the client does want to change their mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, the client will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask the client to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, the client will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and agreement.
Weekly Meetings
A schedule of weekly meetings will be established between us and the client at times mutually beneficial for the discussion of project progress, feedback, and approval of work completed. Costs for these meetings will be included in the proposal or estimate given and are non-negotiable.
Missed Deadlines by Us
McDonald Web Works is committed to delivering projects on time. If we are late with a deliverable, we will deduct $100 per day per deliverable from the cost of the project. The only exception to this is if we are unable to move forward with the project due to the client not providing required feedback, approval, or content.
Additional Costs
Any additional costs, including domains, SSL certificates, and plugin licenses will be invoiced as needed as only after the client’s approval. Typically these costs are annual in nature and will be invoiced a month prior to the renewal date. The client may directly purchase and maintain licenses as well.
Technical Support
We will be the client’s first contact for technical support related to their website functionality, design, hosting, and email during the course of the project. The client will have access to technical support via phone and email. After the project is completed, and training and tweaks have been performed, technical support is available from us either through a managed hosting plan provided as an option in this proposal or at our hourly rate of $75/hr.
30-day Warranty
We consider any website we launch as a “beta” website when launched publically for 30 days. It’s possible that with usage, it’s discovered, either by the client or us, that a feature isn’t working as planned. If that’s the case, we will make required changes at no additional cost, as long as the feature is within the original scope of work for the project. After 30 days, requested changes can be done at the rate of $75/hr or covered within a WP Covered membership if applicable.
Legal Stuff
We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to the client 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 website and any other web pages, even if the client has advised us of the possibilities of such damages.
Just like a parking ticket, the client can’t transfer this agreement to anyone else without our permission. This agreement stays in place and need not be renewed with the exception of annual or monthly managed hosting fees or other ongoing services.
If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction Virginia Beach, Virginia.
Last updated August 27, 2017. There are no prior versions.