Website Design & Development Contract

Between us
Old Doug Creative (A branch of Leckie Media)

and you

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 have 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
Old Doug Creative (Leckie Media) located at 6140 Turner Ave. Peachland, British Columbia (the Company)

to create, develop and/or provide

as outlined in our previous correspondence. This price can be adjusted based on the addition or removal of services at any time (with some exceptions).

What do both parties agree to

You: You, the Client, 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, and provide feedback and approvals in a timely manner. Deadlines work two ways, so you’ll 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. If things change at any point, you will be given written notice and confirmation of these changes.

Getting down to the nitty gritty

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 static visuals to indicate a look-and-feel direction (colour, texture and typography) called the ‘design atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback, since all of our services include 2 rounds of client revisions unless stated otherwise. Before anything is published, it must be approved in writing by the Client. If, at any stage you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point to cancel this contract.

Please provide all of your content in a friendly format, proofread and ready to do. The Company is not responsible for writing any content on your behalf without being hired to do so. If you’d like us to write new content, we can provide a separate estimate for these services. If you’ve hired us for content writing as part of your contract, you can ignore this section.

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.

We deliver web page types developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive JavaScript.

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 (Internet Explorer), Mozilla Firefox and Opera. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

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 12.x: Safari, Google Chrome
• Android 7.x: Google Chrome and Firefox

We don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers.

Please note that we cannot guarantee the quality of our services across all known devices. Our goal is to achieve peak performance on all current device and browser versions (iOS, Android, Chrome, Internet Explorer), with the exception of the devices and browsers mentioned above.

We’re not a website hosting company, but we do have a great relationship with our local hosting provider. By default, we host all sites we build so we can control and maintain the best environment for your website to run as smoothly as possible. If you’d like us to set your website up on a 3rd party server or install any 3rd party software (ex: Google Analytics) we can provide a separate estimate for that.

Any contracts signed for creating Online Stores should be aware of the following: We are only liable and responsible for the creation and development of said Online Store. Online Stores will be set up on a third party service (Shopify) that has its own separate monthly service and hosting fees. This is not a service that we control or have ownership of, therefore any service outages or failures will not be the responsibility of the Old Doug Creative. Should you wish to terminate your Online Store service, this must be done directly through the 3rd party admin panel (as well as any relevant service cancellation fees based on the contract agreement with Old Doug Creative).

We might be the experts, but you know your business better than anyone. For that reason, we include 2 rounds of revisions for any services provided, ensuring you get a say in the final outcome so that it aligns best with your business and overall vision. The price established at the beginning of this contract is based on the length of time 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 - we’ll provide a separate estimate for that.

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.

Beyond sticking to the above agreement to deliver the agreed upon services and according to the schedule approved by both parties, we have some conditions to be aware of. Any and all approvals or review requests from the Company to the Client will have a grace period of two weeks. If you, the Client, miss a review or approval deadline beyond this grace period, we can’t guarantee the future delivery of the product. We are committed to providing the highest possible level of service, however, this requires collaboration and cooperation of both parties involved in the agreement. At any point, we the Company reserves the right to terminate the service agreement should any contractual obligations be reneged, such as but not limited to: missed deadlines, failure to deliver assets, missed payments, or any behaviour that infringes on personal boundaries. Should this situation occur, please refer to the following section regarding termination fees. Any notices for terminations initiated by the Company will be provided in writing.

All contracts between the Client and the Company are based on a one-year minimum commitment. All of our Clients reserve the right to cancel their service agreement with the Company. In the event you the Client would like to annul your contract, please refer to the following cancellation fee structure:

Contracts terminated before the end of the first year of services are subject to be billed in full for the remainder of this first yearly period (ex: if the Client cancels 6 months into the first year of the contract, the remaining 6 months will be billed in full in order to terminate the contract).

Contracts terminated after one year of services will not be subject to any fees, with the exception of any outstanding creative or administrative services (ex: design, writing, file transfers, domain transfers, etc).

Clients who wish to retain their website domain and assets (write-ups & photographs) will be subject to a one-time service fee of $149.99+GST. The client shall not retain website theme, structure or any additional software included with the website or provided service.

In the event the Client fails to make payment of an invoice when due, Old Doug Creative reserves the right, at its sole option to suspend delivery of the service and or products until payment has been received. Old Doug Creative may terminate this agreement within 10 days of notice in the event an invoice is not paid within 30 days of being due.

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.

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 (does not include website design templates). 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 own the unique combination of elements that constitutes a templated website design, which is licensed to you as part of this service agreement unless stated otherwise.

We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, and other publications.

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 to the following payment schedule.

Setup fees are to be paid immediately with monthly fees commencing 30 days from the date of this contract, in accordance to the pricing listed in the summary.

All payments to be made to Leckie Media

But where’s all the horrible small print?

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 under exclusive jurisdiction of The Province of British Columbia & Canadian laws.