Design
We create web & print designs that adapt to the capabilities of many devices and screen sizes in addition to a variety of print methods, including screen, offset, and digital printing as requested by you. We create web designs iteratively and use predominantly HTML and CSS on the Squarespace platform (content management system), so we won’t waste time mocking up every page layout as a static visual. Print designs and brand elements are primarily created using Adobe Creative Suite software, including but not limited to InDesign, Photoshop, and Illustrator. We may use visuals to indicate a creative direction (color, texture, and typography.)
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a proofing link, Dropbox/Google Drive folder, or development site with you and we’ll have regular contact by email. If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.
Text Content
All content must be provided by the agreed-upon deadline. Unless agreed upon separately, we’re not responsible for creating or inputting text or images into your content management system beyond the number of pages included in your design package. If you’d like us to create new content or input additional content for you, we’ll provide a separate estimate. All text content as provided is included in print designs.
Graphics and Photographs
The option to use licensed stock photographs is included in all packages. We will gladly select images and use them in a mocked layout before purchasing them. We will provide up to seven (7) images per project. Additional photos can be purchased and billed to you at the end of the project if you need more than what is included in the package, a separate estimate will be provided. You should supply photographs in a high-resolution digital format. Graphic files that you provide should be in an editable, vector digital format.
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). We won’t test in other older browsers.
Mobile Browser Testing
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: Safari and Google Chrome and Android: Google Chrome.
Technical Support
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. The websites that we build are on the Squarespace content management platform. Squarespace offers technical support themselves. We will connect statistics software such as Google Analytics. Then, the updates to and management of that connection and hosting will be up to you.
Search Engine Optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.
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 the additional time needed.
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 number 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 is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Phew.
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 that subsist or shall subsist now or in the future in any part of the world.
So that means...
First, you guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have 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 specifications, 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 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.
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. Thus you agree to stick tight to the following payment schedule: 50% due at the start of the project and the remaining 50% due at project completion prior to the website launch and transfer of files. We issue invoices electronically. Our payment terms are 15 days from the date of invoice. We reserve the right to charge interest on all overdue debts at the rate of 7% per month or part of a month.
But where’s all the horrible small print?
Just like a parking ticket, 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 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 and shall be construed and enforced in accordance with the laws of the State of Florida.