In this contract you won't find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We want to do what's best for both parties, now and in the future.

Between us, Web & Pen, and you, the client.

You, the client, are hiring us, Web & Pen, located at Gallery 95, Netherconesford, King Street, Norwich, NR1 1PH, as independent contractors to carry out the work described in our previous correspondence, for the price described in that same correspondence.

What do both parties agree to do?

As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we'll need to complete the project - including text, images and other information - as and when we need it and in the format we ask for.

You agree to review our work, and provide feedback and approval in a timely manner too. Deadlines work two ways and you'll also be bound by any dates that we set together. You also agree to stick to the payment schedule outlined in our previous correspondence.

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 endeavour 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'll also maintain the confidentiality of any information that you give us.

Getting down to the nitty gritty

Planning and digital strategy

We will help you plan your website so it best meets your needs, within the scope of our previous correspondence. In reality, this means finding the perfect compromise between your business aims, your day-to-day management of the website, the available budget, your users' needs/expectations and the demands of search engines and social media. If we have some ideas outside the scope of the previous correspondence, we'll run those by you too, even if they require you commission us for further work.

Design

We'll create designs for the look-and-feel, layout and functionality of your website. Initially, we'll provide you with some ideas for feedback, which we'll then use to create a design for one or two important pages on the website. You'll provide us with feedback, then we'll make up to two round of revisions before creating designs for the other pages on the website, again with another round of revisions.

At this point, we'll ask you to sign-off the designs for build, but, if you're not happy or require more rounds of revisions at this stage, you can either pay is in full for all the work we've done and terminate these terms or commission us further for more revisions.

Build

We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviours.

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.

Desktop browser testing

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 8, 9 and 10 users get an appropriate, possibly different, experience. We'll implement a single column design for Internet Explorer 7 and below for Windows and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

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: Safari and Google Chrome
  • Android 4.1: Google Chrome
  • Windows Phone 8.1: Internet Explorer
  • We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Website content

We may have written some excellent website copy for our own purposes, but we're not responsible for writing or inputting any text copy for you unless we have specified it in our previous correspondence. If you later decide you'd like some help with your website's content, you can commission us further to do that.

You will supply us with all imagery, and in digital format, unless otherwise specified in our previous correspondence. If you choose to buy stock imagery, we can recommend vendors of stock imagery to use.

Third party software

We reserve the right to use third-party software to build and support your website, such as Expression Engine, Craft, Perch, PayPal, jQuery and loads more. We cannot be held responsible when this software goes wrong, and you agree to be bound by the licence agreements of this software.

Changes and revisions

We know from plenty of experience that fixed price contracts often limit you to your first idea about how something might best help you. We don't want to limit either your options or your opportunities to change your mind.

The prices described in our previous correspondence are based on the amount of time we estimate we'll need to accomplish everything that you have told us you want to achieve, knowing what we know at this time. If you do want to change your mind, achieve new goals, explore different paths, new functionality - or if we feel the scope has changed significantly and no longer fits our original proposal - that won't be a problem. Depending on the amount of extra work involved, we'll either bill by the hour or provide an updated price. Along the way we might ask you to put requests in writing so we can keep track of things.

Legal stuff

No-one can guarantee that their websites are error-free and despite our best efforts, we're no exception 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 use of, or inability to use this website or design and any other website or design, 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. Phew.

Payment schedule

We are 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 pay our invoices promptly, within the agreed payment terms according to the Late Payment of Commercial Debts (Interest) Act 1998 (amended 2002 and 2013).

On signing this contract you agree to pay us an upfront deposit of 50% of the total estimated cost of the project. We reserve the right not to start the project until we have received this deposit and any other outstanding invoices.

Before putting your website live, we'll invoice you for the final balance. On receipt of this final payment, we'll carry out any pre-launch checklist, then put your website live and submit it to the major search engines.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them on the website.

When we receive your final payment, as well as putting your site live, copyright will automatically be assigned as follows:

  • You own any text content, photographs and other data you provided, unless someone else owns them.
  • You own copyright to the design.
  • You own the finished, assembled website as it displays and behaves in a visitor’s browser.
  • Unless specificied in the proposal, we own any plugins we've developed to support your website.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed site as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design, and to place a credit at the bottom of your website.

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 UK courts.