Web Design Agreement
We’ll always do our best to fulfil 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!
You, the Client (“You”, “Your”, “Yours”) are hiring us Kreatology (“We or Us”) to Create a Website for the estimated total price set out in the Proposal or Tax Invoice as outlined in our previous correspondence. A description of the service and its inclusions is also outlined in your Proposal. Please ensure all your requirements have been documented in the Proposal.
Upon payment of your Tax Invoice, You agree that You have entered into an agreement consisting of all proposals, quotes and tax invoices issued to You by Kreatology and the terms below (collectively referred to as the “Agreement”).
Of course it’s a little more complicated, but we’ll get to that.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. 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 as outlined in the Proposal or Tax Invoice.
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.
Point of Contact
We will require one point of contact during the Project for clarifying requirements for design, key features, usability and maintenance issues. We require this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions) and to have authority to make design and related decisions on the system.
You are responsible for providing content, changes and revisions to us in a timely manner. Any content should be submitted to us within 2-4 weeks from Project Commencement. Any feedback during the "Change & Revisions" rounds should be submitted to us within five (5) business days of receipt of the draft. Any delays incurred may extend the project deadline.
In fairness of our ability to complete this project within the agreed project timeframes, any delays by you will result in a day-for-day extension of the due date for all Deliverables. Should the project reach the six (6) month mark, the original quoted price is void. If you wish to continue with the project, a new quote will be required which you are welcome to accept or reject. If rejected, our cancellation and refund policies apply.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have a plenty of opportunities to review our work and provide feedback during the Design Phase. In the case of a custom Website Design project, we will create a Draft Design for your review and feedback with two (2) rounds of changes included in the project. In the case of a the Basic WordPress Theme package, we will assist in choosing a suitable Theme and create a homepage design based on the theme.
Any feedback within these rounds, should be submitted within five (5) days upon receipt of the Draft Design. Any delays incurred may extend the project deadline.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
A note about "design" as a concept. What is considered a "professional" or "quality" design is relative to each individual based in their own tastes and design experience. Our designs are based on the latest trends and standard with a careful balance of function and "conversions" for marketing purposes. In order for us to achieve your "vision", it is important that you're clear in articulating what that visions is. We realise sometimes this can be difficult! Providing examples of other websites and brands you love helps with this process, but please also be aware that we will use these examples to guide the design. So please only supply examples that truly represent the standard and vision you have.
And a final note about photos! Photos can make or break a design. Poor quality photos will ultimately affect the standard and professionalism of your final design. Please be aware we cannot work magic on low quality, blurry iPhone images or happy snaps. Your design will only be as good as the photos you provide, so we HIGHLY recommend having professional photos taken or sourcing high quality stock imagery. Please let us know if you would like a referral to a photographer or help sourcing stock imagery.
It is your sole responsibility to provide all content (text and images) for the website package you have chosen, unless agreed separately and as part of the project. All content submitted must be FINAL and complete. The Development Phase of the project will not commence until all content has been provided.
We are not responsible for inputting any new content or images or creating new pages on your website outside the scope of your projects inclusions. We can provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Any website content falling under the category of a “Post” is the responsibility of the Client, not Kreatology, to input. Posts include, but are not limited to blog posts, product listings, staff bios, individual project listings and testimonials. We will input one post in each category if the content is provided, otherwise an example post will be inserted for testing purposes. We will show the Client how to input such posts in a written manual.
Graphics & Photographs
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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
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) and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile Browser Testing
Mobile browser 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 the current version of iOS Safari and Google Chrome Android.
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
If you have chosen to use our Web Hosting Services, we offer troubleshooting support for hosting, email or other services relating to hosting. We will ensure your website is backed up daily, is monitored for “Up-Time” and it is secured agains hacking attempts.
If you have chosen another web hosting company we don’t offer support for website hosting, email or other services relating to hosting for that company. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Search Engine Optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. If you would like to improve your search engine rankings, we can provide a separate estimate for that.
Changes & Revisions
Please take special note of this section. Included in this project are two (2) rounds of changes once the website has been built. Any changes to the design, text, images, functionality (within the scope of the project) need to be made within these two rounds of the project. We will send you an email once the website is ready for your review and clearly indicate that it is a “Change & Revision” round. Any changes need to be provided via our feedback tool "Project Huddle" within five (5) working days. No changes will be excepted via email, Facebook Messenger or any other means other than Project Huddle.
However, we don’t want to limit your ability to change your mind. The price outlined in your Proposal or Tax Invoice is based on the amount of work required in order to accomplish everything you’ve told us you want to achieve within a certain amount of time. It allows for two (2) round of “Changes & Revisions”, but we’re happy to be flexible! If you want to change your mind or add anything new outside of the “Change & Revision” process, that won’t be a problem. BUT we will need to provide a separate estimate for those additional changes at $150 per hour.
To minimise any additional costs and delays to your project, we recommend taking the time within those “Change & Revision” Rounds to thoroughly review the website and outline any changes required. And remember, once your website is live and the handover is complete, you will have complete freedom to make any further changes.
Changes & Revisions include design and technical bugs; broken links; minor / incidental design changes and minor text changes that need to be corrected prior to launch (eg incorrect details, facts, phone numbers). Any text changes that aren't essential for launch, can be made by you after handover. As the website is built from the ground up based on your "Approved Design", change requests that deviate from the agreed design will incur an additional cost and an extension of the agreed deadline.
The project is considered complete 30 days after the new website goes live. A final invoice may be issued after the website is live and before the 30 days if all final changes and revisions have been completed.
Any bugs or errors reported within 30 days of the website going live will be fixed without any fee. Any bugs or errors reported 30 days after the final payment has been made will be billed on an hourly basis at $150/hour.
Ok, brace yourself for the serious 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 amount 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 unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Phew! Glad that’s out of the way.
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 which subsist or shall subsist now or in the future in any part of the world.
Oh my! That was a mouth full.
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. 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 specification 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.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight the payment schedule as outlined in the Proposal or Tax Invoice.
We issue invoices electronically. Our payment terms are seven (7) days from the date of invoice via Credit Card or direct bank transfer. All proposals are quoted in Australian Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our Tax Invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% 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 Agreement is governed by and construed in accordance with the law of Queensland and the parties submit to the jurisdiction of the courts of Queensland.
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Document Name: Web Design Agreement
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