We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing with something that you might later regret.
You are hiring Nine Sixty located at 69 Owen Street, Newtown, Wellington for the price outlined in our previous correspondence. The agreed payment plan is at the end of this document.
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 and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and things will run smoothly if you also meet any dates that 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 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 you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs for the look-and-feel, layout of your project. This contract includes a set number of initial designs (outlined in our previous correspondence) plus the opportunity for you to make up to two rounds of revisions (unless stated differently in previous correspondence) . If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate set out in our original estimate.
We can supply stock images for both print and online use. These range from about $2 to $5 per image. We will always request approval of images before proceeding with the purchase. You will be charged for any stock images with your final invoice.
Spelling and proofreading
All proof reading is the responsibility of the client. We will do our best to check everything before it goes to print or online but once a job is approved so is spelling and grammar.
Changes and revisions
We know from plenty of experience that projects can change during the design process, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices outlined in our previous correspondence are based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra features or even add new functionality, that won’t be a problem. You will be charged the hourly rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
Website technical support
You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t 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 Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.
We are not a website hosting company and so we do not offer or include technical support for website hosting, email or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.
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 have advised us of the possibilities of such damages.
If any provision of this agreement shall 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.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that 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 that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that 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 advertising and to write about the project on websites, in magazine articles and in books about design.
As a small business we are sure you understand how important it is to pay the invoices that we send you promptly. Invoices are sent after the work has been completed so are therefore due on receipt, if this doesn’t suit your payment structure please let us know in advance. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
25% of total project fee upon agreement. No Design work will commence until this payment has been received.
75% remainder of fee is payable before any files are released (this included design files and website files)
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 remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document. Please print and keep a copy for their own records.