Graphic & Website Design Policy
A detailed copy of this agreement will be sent to you for signature before any work together starts.
WHAT DO BOTH PARTIES AGREE TO DO?
You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review my 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 document. Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me. If at any stage, you’re not happy with the direction my work is taking within a predefined and agreed brief, you’ll pay me in full for everything I’ve produced/the hours worked until that point and cancel this contract.
GRAPHIC & WEBSITE DESIGN
I design a range of graphics suitable for print, event displays and as components for websites. I design using Adobe Photoshop, Illustrator and InDesign. I will create components or documents in file formats as specified at the beginning of each project. I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs and always use Squarespace website platform so we won’t waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) I call that ‘design atmosphere.’ You’ll have regular opportunities to review my work and provide feedback, more on a quick turnaround project. You will have the opportunity to ask for reworks on your project as outlined on my website or in our correspondence. Try to collate your updates/amends and advise them at the same time. Individual updates will each be classed as a rework. If you require more reworks than previously agreed, I can provide a separate estimate for that.
I deliver templates developed from Squarespace website platform for styling, feature detection, ecommerce capabilities and device recognition. By signing this contract you are also agreeing to the Squarespace terms of services as outlined here https://www.squarespace.com/terms-of-service/ 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. I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Mozilla Firefox. I won’t test in other older browsers unless you specify otherwise.
I’m not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. I offer guidance to set this up as part of the web design package, but you will need to open the accounts yourself and pay the fees of the hosting company as outlined in the quote. You need to open the accounts due to confidential payment information the accounts will hold, and in order to manage it in the future after the completion of work. Once my work has been completed, the updates to, and management of your designs and/or website will be up to you.
I am happy to support you with the integration of marketing software. You will be responsible for registering those software accounts and paying the applicable fees, as these are not included in the package. I am happy to connect the accounts for you, with your permission to use your login information, however, you will be responsible for checking the connection and that the details of those accounts are correct. I cannot be held liable for any errors that may occur.
I will have administrator privileges within your website for the duration of our time working together. Once the project is complete and the full balance has been paid, if you no longer wish for me to have access, you can revoke these privileges at anytime by visiting the permission settings within Squarespace. You have also agreed for me to:
• Have relevant login information, and use it to manage systems and software relating to your project.
• Set up and manage a range of accounts and back-end systems in your personal or business name, including, but not limited to, Mailchimp, 123-Reg and Squarespace.
It is your responsibility to revoke my access from your accounts and change your password once we have finished working together.
I’m not responsible for writing any text copy. If you’d like me to write new content, I can provide a separate estimate for that.
PHOTOGRAPHS AND IMAGERY
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
CHANGES AND REVISIONS
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that. You will have the opportunity to ask for three (3) reworks on your project. Try to collate your updates/amends and advise them at the same time. Individual updates will each be classed as a rework. If you require more reworks than previously agreed, I can provide a separate estimate for that. For any individual reworks beyond that are charged at 30% of the cost price.
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any thirdparty for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me 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.
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
I agree that I will keep all information provided to me relating to business and/or marketing plans, discussions, research, graphic design and marketing related programmes and processes under development in strict confidence. I will only disclose this information solely to individuals, who have signed a non-disclosure agreement with, or who have express approval from you, either verbal or written, to receive this information.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. Upon payment of all my outstanding invoices for the project, and in exchange for such payment, I grant you a royalty-free licence to use the deliverables for the uses stated, without any changes or additions (except that you can make the designs smaller or larger for printing or display purposes). If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply as I may have to obtain additional licences from third party vendors - contact me and I’ll be happy to work out some terms with you. Otherwise I will have to look to you to cover me for any damage, legal fees and consequences if you put the deliverables to additional uses without my prior authorisation. I remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future. I’m proud of the work I do, and love to show it off and share what I’ve learned with other people, so I reserve the right, with your permission to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.
You agree to the timeline on my website and in our correspondence. It is important that we both work efficiently to ensure the project is finished by the deadline, so we each commit to correspond regularly to keep the project on track.
I’m sure you understand how important it is as a small business that I get paid promptly for my invoices. I rarely have any late payment issues with my clients, but I need to protect myself too. So in the unlikely event that any of my invoices are not paid on time, I may charge a late fee amounting to five per cent (5%) of the amount owing for every seven (7) days (or part thereof) that it remains unpaid. I also may choose to cancel the project immediately, suspend work until payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover my fees and any lawyer’s charges for doing so.
For graphic design projects, I will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all outstanding invoices. The files will be delivered in Adobe EPS/PDF, PNG and JPG. For website development projects, all files that are required for the website to function properly will be sent to you within seven (7) business days after you approve them, and after you’ve paid all our outstanding invoices.
TERMINATION OF CONTRACT
Either party will have the right to terminate the contract by giving notice in writing to the other party. Cancellation does not affect any benefit or right that you or us become entitled to beforehand. So regardless of cancellation, you will pay me for any outstanding invoices and for work already done but not yet invoiced. Your deposit/first instalment is non-refundable.
BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?
Just like a parking ticket, you can’t transfer this document to anyone else without my permission. This agreement stays in place and need not be renewed. If for some reason one part of this document becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this is a legal document under exclusive jurisdiction of English courts. By expressing your confirmation in writing (on paper or in electronic form), you agree to all the conditions of these terms.