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. 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 are hiring us, For Time Design, LLC to design and develop a website. Payment details below, under payments.

What do both parties 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 us everything we need to complete the project as and when and in the format we need it. 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 every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes.

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our work via a development URL/domain, which will allow you to see your design comps in a working browser.

If you decide you are not happy with the work we have created for you, you can cancel this contract at anytime during the design comp phase. The design comp phase is the timeframe during which we create a homepage comp and one internal page comp. Once you have approved of the design comps or gotten us any revisions, we will move into the development phase. If, during the development phase, you decide you would like to cancel, you can pay us in full for everything we have produced up to that point at our hourly rate of $95/hour, up to a maximum of $1500.

Photographs

You should supply graphics files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for paid stock photographs for you, we can provide a separate estimate for that. We can also, at your direction, pull images from your social media or current website for use on your new website.

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.

Desktop browser testing

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience.

Mobile browser testing

Testing popular small-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 work in:

iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox.

We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Technical support

Our hosting provider is WPEngine. While we strive to maintain uninterrupted “up time,” this may be out of our control when it comes to the hosting atmosphere. With that said, by investing in monthly hosting with WPEngine, we have secured the most dependable hosting support available on the market today, in our opinion. We pay a premium monthly fee to our hosting provider for superior support.

If your site goes down, you should immediately contact us by email at [email protected]You may also call (406) 403-8267. We are a very small operation but have a diverse team that wants to help. However, because we are a small team, we are unable to provide 24-hour technical support. Therefore, if a request comes in during late night/early morning hours, holidays, or non-business days, it may take up to 12 business hours for us to respond.

If you elect to provide your own hosting or utilize a hosting company, not under our management, you will need to contact your own hosting provider if your site goes down.

Changes and revisions

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. Therefore, our pricing allows a monthly “paydown” of the design cost of your site, monthly hosting/tech support, nightly backups, security, and updates. In addition, it includes up to one hour per month of any type of work on your site that you would like. We bank up to three hours, so if you don’t use your hour from one month, it can roll over to the next month and so on, for a maximum of three hours of banked time.

If you need more time than that in a month, we can provide an estimate for the work, or we can put it on the calendar for the following month.

Legal stuff

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. 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.

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 visual elements that we create for this project. 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 elements of text, images, and data you provided unless someone else owns them.
  • We’ll own the unique combination of these elements that constitute a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
  • We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, and in books.

Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly and that your monthly payment goes through on-time. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

$300 start-up fee + $225 for the first month to be paid upon signing of this contract and before we begin work on your new website. We also must receive your questionnaire/content collection form and requested elements prior to beginning work on your site.

$225 is due 30 days after sign up and recurring every thirty days for 30 months. If at the end of the 30 months, you decide you would like to renew with us, you will be charged the current monthly price and we will give you a complete site refresh/redesign, as design trends tend to have about a 24-30 month “shelf-life.” Otherwise, you may elect to move on and take your website with you. OR, you can keep your current website and we will provide a monthly cost for hosting, support, and security only. You have choices!

But where’s all the horrible small print?

We understand that sometimes it’s in the best interest of a company to end their contract before the agreed upon contract has expired. If you decide to terminate your contract before it has expired there will be a fee of $1500. Your total monthly payments will be subtracted from $1500 and the remainder will be paid upon receipt. If you elect this option, you will not be able to take your website with you. This is simply to cover the work and time we have put into creating your site up to that point. If you would like to end your contract but take your website with you, you can refer to our “design buyout option.”

Just like a parking ticket, you can’t 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.