MUTUAL AGREEMENT

Amy Perez

MUTUAL AGREEMENT

SUMMARY

I will always do my best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.

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 organization. You agree to provide me with everything that I’ll need to complete the project, including text, images and other information, as and when I need it and in the format I ask for. You agree to review my work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set. You agree to stick to the payment schedule set out when you sign up to my packages. 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 endeavor 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’ll also maintain the confidentiality of any information that you give me.

DESIGN

I’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus 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 me in full for all of the work that I 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 design rates.

TEXT CONTENT

I may have written a hundred blog posts but I’m not responsible for writing or inputting any text copy unless I specified it in the original package. I’ll be happy to help though, and in addition to your package, I will charge you at my standard copy writing or content input rate.

PHOTOGRAPHS

You will supply me photographs in digital format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for appropriate photographs will be charged at my standard discovery rate, unless included in the package you’ve signed up for.

CHANGES AND REVISIONS

My package prices are based on the amount of work I estimate I’ll need to do, 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. However, you will be charged accordingly and these additional costs will need to be agreed on before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. I’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. I may also ask you to put requests in writing so I can keep track of changes.

If the nature or functions of the project change significantly throughout the process, I reserve the right to deem the current project cancelled. At this point you will pay me in full for all the work I have done and may commission me to complete the new project based on the new requirements. This will require a new agreement.

TECHNICAL SUPPORT

You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution I am providing, I can help you to set up an account for you at one of my preferred, third-party hosting providers then, any support issues will be up to you.

I am not a website hosting company and so do not offer or include technical support for website hosting, email or other services relating to website hosting.

LEGAL STUFF

I can’t guarantee that the functions contained in any web page templates or in a completed website 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 website and any other web pages, even if you have advised me 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.

COPYRIGHTS

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you, or that you have permission to use them. When I receive your final payment, you will automatically be granted full ownership of the graphics and other visual elements that I create for you for this project.

I’ll give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files I used to make them. You also own text content, photographs and other data you provided, unless someone else owns them. I own the markup, CSS and other code 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 reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles and in books about web design. I also reserve the right to place a credit to Amye Perez designing your website, with link to my website in the footer of your website.

PAYMENTS

I am sure you understand how important it is, as a small business, that you pay promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule agreed when you purchase a package through my website. This means that you agree to make sure that sufficient funds are available in your account for automated payments to be taken as per the schedule.

If your payment schedule is set over a 3 or 12 month period, I will maintain administrative control of the website until the final payment is made. During this period you will still have full access to the website and be the primary user. Once the final payment is made, I will hand over all administrative control to you.

If you miss a payment and do not pay the outstanding balance within 30 days, I reserve the right to unpublish your website until arrears are paid. If a total of 3 payments are missed, I reserve the right to delete your website files entirely and will consider the contract terminated.

BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?

Just like a parking ticket, you can’t 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 the courts of England.

AUTHORISING ANY PROJECT REQUIRES A SIGNATURE OR APPROVAL OF THIS AGREEMENT, WHICH WILL BE ARRANGED ONCE A PROJECT IS BOOKED.