I will always do my best to fulfil your needs and meet your goals, but sometimes it’s 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 stuff doesn’t go to plan. In this contract you won’t find complicated legal terms or large passages of unreadable text. I have no desire to trick you into agreeing with something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.
You as a customer are hiring me (Oliver Milburn) located in Chilworth, Guildford to supply graphic design services for the agreed total price of your project which was outlined in our previous correspondence or already purchased online as part of a design service package.
What do both parties agree to do?
As my customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that is asked for. You agree to review my 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.
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I 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 my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you share with me.
I will create designs for the look-and-feel, layout and functionality of your company, you as an individual and your goal. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions, unless agreed otherwise. If you’re not happy with the designs at this stage, you will pay me 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 me to make further design revisions at my standard daily rate. Or you may purchase another package from my website.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 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.
I am not responsible for writing or inputting any text copy unless we specified it in the original estimate. I will be happy to help though, and in addition to the estimate I will charge you at a standard hourly rate for copy writing or content input if it sits outside of a purchased package.
You will supply me photographs, either in digital or printed format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at my standard rate per hour, unless part of a purchased package.
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit the client to their first idea about how something should look, or how it might work. I don’t want to limit either your options or your opportunities to change your mind.
The package price, or quoted price is based on the number of days that I estimate I will need to accomplish everything that you have told me 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 standard daily rate for any additional work. Along the way it is very likely that I will ask you to put requests in writing so that we can keep track of changes.
You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, I can set up an account for you at a preferred, third-party hosting provider. Outside of a purchased package, I will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.
I am not a web site hosting company and so I do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, I will be happy to help and will charge you my standard rate per hour.
I 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 I 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 me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by yourselves, or that you have permission to use them.
When I receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that I create for you. I will give you a copy of all files and you should store them safely as I am not required to keep them or provide any native source files that I used in making them. It’s likely that I will keep them, but I am not required to.
You also own text content, photographs and other data you provided, unless someone else owns them. I own the Open Artwork and any source files created for your projects., and I license it to you for use on only this project.
I love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, in magazine articles and in books about web design, unless you specifically state that this is not ok.
I am sure you understand how important it is as a small business that you pay the invoices that I send to you promptly. By agreeing to work with me, both parties also agree to stick tight to the following payment schedule. All invoices should be paid within 14 days unless specified at the bottom of the invoice. Deliverable’s are measured in milestones, and it is customary for my projects to require a deposit of 50% upfront with the remaining 50% paid upon completion. In special circumstances – such as new business relationships, or high value projects – these terms may be adjusted to make payment milestones feel more comfortable for all involved. Terms of business will be set out clearly at the quoting stage, before each project begins.
Just like a parking ticket, you cannot transfer this contract to anyone else without my 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 English courts.
By purchasing one of my design packages or agreeing to work with me on any design related service that I offer, you are agreeing to these terms, and I am too.
Signed by Oliver Milburn on behalf of Osmil Limited.
01 October 2020
Please keep a copy of this contract for your own records.