Terms & Conditions Contract for Works Services: Vers.7115
Between SMBsocial (smbsocial.com) and (customers name and business location)
At SMBsocial we will always do our best to fulfill 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 signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You, (Customer’s name), are hiring SMBsocial located at 5709 Main Street #B, New Port Richey, FL to design and develop a web site for the estimated total price of ($Price) outlined in our (estimate #) sent to you in an email transmittal . 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 too. Deadlines work two ways and you will also be bound by 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.
SMBsocial will provide and maintain a Project Management Portal located at www.smbsocial.com/client-projects/CLIENTPROJECTNAME. This portal will provide a secure log-in are where the client can review the status of their project at any time. This displays a timeline with agreed upon Milestones, Deliverables and Dependencies in a work breakdown structure (WBS), where client can review all project documents, status and leave comments for the development team.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design utilizing the GENESIS Framework with a Child Theme Template (of your choosing) as a foundation-starting point for your design. We provide the opportunity for you to make up to two rounds of revisions. 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 daily rate set out in our original estimate.
HTML/CSS Child Themes
We will develop-modify these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple (Safari version 5 /Windows), Microsoft (Internet Explorer Version 11), Mozilla (Firefox Version 36) and Opera.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 10 or earlier for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at $per hour, including a free initial consultation, for copy writing or content input.
Images / Photographs
If needed, you will supply us all images and or photographs in digital format at the minimum resolution and size that we request. If you choose to buy stock imagery or photographs we can suggest vendors of stock imagery and photography. Additionally, we can recommend a number of Royalty FREE Stock Imagery sites that you can review and choose Imagery to add to your projects. Any time we spend searching for or taking appropriate photographs will be charged at $Hourly Fee per hour, after a free initial consultation to determine if this is the best route to take.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, 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/proposal prices at the beginning of this document are based on the number of days 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 pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily 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.
This area pertains to options/selections made by and between our firms at the time of the estimate – proposal. Refer to your Proposal – Estimate for the specific Option your firm has selected. Specific Options and Pricing will vary by project and will be detailed in a customized Terms and Conditions for your business and unique project. We have posted this template as an outline of what we provide upon receipt of payment for our services.
For questions or concerns about this Terms of Services please contact us Info AT SMBsocial dot com
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this web site and any other web pages, 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 yourself or your company, organization 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, HTML5, CSS and other code. Additionally, we purchase annual licenses for various WordPress premium plugins that provide advance features and capabilities to your web site. We license it to you for use on only this project. We provide (1) year of updates and maintenance (as provided by 3rd party vendors to us) on the plugins we have included. After the initial update and maintenance period you may continue to use these plugins without any additional fees to us. However, we can no longer warranty or provide updates. Should you desire to maintain the updates, we will provide an annual service agreement to maintain the warranty and security updates for your web site for a nominal fee. (Refer to your Invoice for specifics).
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 to write about the project on web sites, in magazine articles and in books about web design.