While we generally try to keep the tone light and the process fun, we do need to briefly turn serious and formal when it comes to the design contract. The web design contract is necessary to explain which services are being provided, at what cost, note any additional charges, provide a timeline and target completion date, and to legally protect both, you, the client, and us, the web design firm.
We have devised 2 very specific design contracts, one for 'static' websites (traditional websites coded in HTML) and one for 'dynamic' websites utilizing content management systems and/or shopping cart software (usually PHP or ASP core programming). Your project will fall in either category. The main difference is that a static website may require additional client-side software to make changes (if you want to make your own changes) and/or some basic HTML knowledge on your part. A content management system requires neither.
A typical design contract for a small business static website will include the following paragraph:
Design & Construction of Website
GAWD Productions shall use all commercially reasonable efforts to develop the website, which shall include up to (Xnumber of pages) of static HTML content provided by the client, up to 10 images per page, limited animation, one form (if desired), and search engine optimization. As part of search engine optimization, a reciprocal link will be placed on both, the client website and at www.gawdproductions.ca. Additionally, GAWD Productions may elect to show the client website in an online web design portfolio.
After completion, this website may be maintained, altered, or administered by the client at any time; additional software to do so and/or HTML knowledge may be required and are the sole responsibility of the client.
A typical design contract for a dynamic website project will include a paragraph such as this:
Design & Construction of Website
GAWD Productions shall use all commercially reasonable efforts to develop the website, which shall include the installation and implementation of a CMS (Content Management System) with up to (Xnumber of pages) pages of content provided by the client, up to 10 images per page, limited animation, one form (if desired), limited template customization, and search engine optimization. As part of search engine optimization, a reciprocal link will be placed on both, the client website and at www.gawdproductions.ca. Additionally, GAWD Productions may elect to show the client website in an online web design portfolio.
2 hours of basic instructions on how to use the system for maintenance and administration will be provided by telephone.
Recent updates to our contracts also include a more detailed time line. In order for us to be able to commit to a target completion date and to honor that commitment, we must receive documents, website materials, and payments in a timely fashion. Effective immediately all new contracts will include the following time and fee schedule:
Contract is valid for 14 days (10 business days) and must be signed and returned to GAWD Productions within 2 weeks (10 business days) of Contract date, along with a non-refundable deposit of 50% of the design project cost. 1/2 half of website content must be received within 4 weeks (20 business days) from Contract date. The remaining content must arrive at our office no later than 6 weeks (30 business days) from Contract date. In the event that this schedule is not adhered to, the following penalties/changes will be assessed:
- Contract and deposit not received within 14 days - $45* administration fee to cancel client account or reissue contract. Target completion date subject to change.
- First half of content not received within 20 business days from contract date - $45* fee, target completion date subject to change.
- $135* fee if first half of content is not received within 30 business days from contract date, new target completion date at GAWD Productions' discretion.
- Final content not received within 40 business days from contract date - $45* Penalty, target completion date at GAWD Production's discretion.
- Final content received 50 business days or more after contract date - $135* Penalty, target completion date at GAWD Productions' discretion.
*Plus applicable HST
All contracts include clauses in regards to ownership and copyright as follows:
The client shall at all times be and remain the sole and exclusive owner of any intellectual property including but not limited to information, content, pictures, data, or other material supplied to GAWD Productions by the client. Upon completion of and payment for the website the client shall be and remain the sole and exclusive owner of the website and its contents.
GAWD Productions agrees not to take any steps or actions that would interfere or impede or otherwise prevent the client from acquiring full and complete title to and ownership of the website and its contents.
The client agrees and declares that all content and images in digital, print, or other format provided to GAWD Productions for use on the website located at "www.yoururl.com" and/or any additional or future domain addresses for this website are owned and/or licensed for use by the client.
It is understood and agreed that any and all applicable fees pertaining to additional images which may be suggested by GAWD Productions and as approved by the client, and which may be subject to licensing fees, are payable by the client in addition to agreed website project price.