Client Agreement

Last Updated: 11/04/2018

Studio 179, www.studio179.hk
P.O. Box 12481
General Post office, Hong Kong

Summary

I will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that I both know what is what, who should do what and what happens if things go wrong. In this contract you won't find complicated legal terms or large 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.

In short

You, [Jaye Miller], are hiring Hayley/Studio 179 located in P.O. Box 12481 General Post office, Hong Kong to design and/or develop parts of your website, based upon the ["TEMPLATE NAME"] provided by "[SQUARESPACE]" for the estimated total price of US$[FEE] outlined in our previous correspondence. The agreed payment plan is at the end of the document. Written email agreement to the estimate and adding Administrator privileges to your website binds this agreement. 

What do both parties agree to do? 

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us 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 I ask for. You agree to review our 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 I 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 us 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 our work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give us.

Details of the works

The ["TEMPLATE NAME]" template has been designed by Squarespace, but can be edited. There are limitations when using a theme/template that are out of my control. Layout and functionality of your Ib site is determined by the theme/template. Not all templates have the same functionality, or edit-ability.

This contract includes one main design plus the opportunity for you to make up to two rounds of revisions.


Design

We will create designs for the look-and-feel, layout and functionality of your web site. 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 us 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 us to make further design revisions at the hourly rate set out in our original estimate.

HTML/CSS layout templates

The HTML is generated by the Squarespace templating language, JSONT. This can only be accessed using a Squarespace Developer account. I am not using a Developer account. I am using the standard consumer offering. If you like me to use my Developer account, just let me know. If custom HTML is needed, it will be done via a 'CODE BLOCK' in the Squarespace Admin. I will test all our custom HTML and CSS in, and only in the browsers Squarespace supports. You site will not look exactly the same in each browser, or on various devices.

Per Squarespace:

Most browser versions are supported for viewing your site. Just like with editing your site, the more recent your browser, the better experience your visitors will have.

  • Chrome – Supported for PC, Mac, and Linux.
  • Firefox – Supported for PC, Mac, and Linux.
  • Safari – Supported for Mac only. Only Safari 6 and 7 are supported for viewing your site.
  • Internet Explorer – Supported for PC only. Only Internet Explorer 9, 10, and 11 are supported for viewing your site.
  • IOS – Devices running iOS6+ are supported for viewing your site. Visit this site to see which version of iOS you have.
  • Android – Devices running Jelly Bean 4.1+ are supported for viewing your site. The default Android browser isn't supported for viewing your site; mobile Chrome is supported. You can find out which version of Android you are running by visiting this site on your Android device.

Text content

I may have written a best-seller but I am not responsible for writing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the estimate we will charge you at [$xxx] per hour for copy writing or content input.

Photographs

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, I can suggest stock libraries. If you’d like me to search for photographs for you, Any time we spend searching for appropriate photographs you be charged at [$xx] per hour.

Changes and Revisions

I know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your 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 estimate/quotation prices at the beginning of this document are based on the number of days that I estimate I'll need to accomplish everything that you have told us 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 $110 per hour rate set out in the estimate I gave you. Along the way I may ask you to put requests in writing so I can keep track of changes.

Postponed, Delayed or Abandoned Projects

Any projects postponed, delayed, or abandoned by the client for 30 days or more will be invoiced for work completed to date.

Cancellation

If, at any stage, you are not happy with the direction the work is taking, you will pay me in full for all of the work that I have produced until that point and cancel this contract.

Technical Support

I do not offer or include technical support for your web site. Squarespace is your web host. They manage the server your website lives on, they may also manage your domain and email. Any support issues will be between you and Squarespace, or other service providers. 

If you do require help with anything beyond the design and development of your site, I'll be happy to help and will charge you [$xx] per hour.


SEO Services

For the purpose of receiving professional SEO services, you agree to provide the following:

  1. Administrative/backend access to the website for analysis of content and structure. 

  2. Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary. 

  3. Unlimited access to existing website traffic statistics for analysis and tracking purposes. 

  4. An email address for the purposes of requesting links.

  5. Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by us for search engine optimization purposes. 

  6. If your site is lacking in textual content, we can provide recommendations for the purpose of creating additional or richer web pages. 

You must acknowledge the following with respect to SEO services:

  • All fees, services, documents, recommendations, and reports are confidential.
     
  • SEO is a very time­consuming process. It may take anywhere from 4 months to 6 months to see results depending upon the competition. Hence minimum contracting term should be of 6 months or 12 months. Consequently best time for major performance evaluation and contract renewal should be 6 to 12 months.
     
  • We have no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Your website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
     
  • Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, we do not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
     
  • Search engines like Google may hinder the rankings of new websites until they have proved their ability to exist for more than ‘x’ amount of time or have enough back link strength.
     
  • A new website may get temporary boost in ranking for some targeted keywords for few days but then it settles down to its real place. This is known as ‘Google Sandbox’ and it is quite common to happen.
     
  • Search engines can drop rankings for no clear or predictable reason. Often such rankings re­appear without any SEO efforts. A website search engine ranking can fluctuate any day, any time because of on­going changes in the ranking algorithm, SEO efforts made by the competitors or both.
     
  • Some search directories offer expedited listing services for a fee. If you wish to engage in said expedited listing services (e.g., paid directories), you are responsible for all fees for inclusion or expedited service fees. We can offer a list of expedited listing services upon request.
     
  • Linking to “bad neighborhoods” or getting links from “link farms” can seriously damage all SEO efforts. We do not assume liability for your choice to link to or obtain a link from any particular website without prior consultation.
     
  • We are not responsible for you overwriting SEO work.

Client Responsibilities

Correspondence

All client communication regarding the project shall be sent through email to hayley@studio179.hk.

Any feedback or revisions given by you must be documented via email directly. You must provide feedback at specific points in the development of your site when requested or I will not be able to proceed further with the project. Feedback not given in the time scheduled may cause delays in project completion.

Official correspondence will not be accepted through any other method, or interface. Communication should be limited to the current project. Other projects or items may be initiated with a separate project inquiry submission, and will receive a dedicated quote and invoice.

Phone consultations may be scheduled at specific points in the development of your site. I am not available for calls on project updates, outside of these pre scheduled consultations. Again, client communication, updates, and adjustments should be documented via email directly.

Content

Your complete web content is required prior to build of your site. You are responsible for delivering the complete, final draft content (text copy, images, etc.) in the appropriate formats. Deadlines relating to your project are contingent on the timely receipt of your content. Failure to deliver content on may cause delays in project completion. I can not be held responsible for delays due to undelivered content. If you would like me to create, edit or source content for you, I can provide a separate estimate for that.

Content must be submitted in the requested file formats. Failure to provide the requested formats will result in increase costs and/or affect the quality of the finished product.

Timeline

Information gathering

Design

Development

Testing

Training

Delivery

  1. Sitemap
  2. Copy
  3. Stylesheet (color palette, fonts, link styles)
  4. Imagery (or image direction if we're using Getty stock)

Legal stuff

I can't guarantee that the functions contained in any web page templates or in a completed web site will be error-free. 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.

I am not liable for anything, what-so-ever, related to the security of your website.

Squarespace updates their templates/themes unannounced. They do not update users of their platform when these updates happen. This could impact your site in a number of ways. It could break the custom work you hired us for. I hope it never happens, but if it does, I am not responsible for this, and under no obligation fix it.

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 us that any elements of text, graphics, photos, audio, media, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them. I am not liable for any copyright issues from materials provided.

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 for this project. I will 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 that I used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them.

I also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design. Any sharing done regarding the project would be in the realm of a coding, workflow or design technique that could help other developers. It would be polite and professional. Individuals, names, and other sensitive information will not be shared. Have questions about this? Please ask.

Payments


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 stick tight to the following payment schedule.

SEO Service will be invoiced each month for the duration of the term on the initial agreement date. Written notice of cancellation of the agreement will void the agreement on the next monthly renewal date.

[Payment is due within 14 days of invoice date] Please pay the invoices that I send you promptly. You agree to the following payment schedule, which will be as follows, but may be revised based on further conversations between us

50% of total estimated fee upon agreement of initial design: US$XXXX.00

30% of total estimated fee upon before site launch US$XXXX.00

Remainder of fee payable not more than 14 days after receipt of finished product: $XXXX.00

I prefer payments via online services like Stripe(preferred) or Paypal.

Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product.

But where is all the horrible small print?

Here is it. Just like a parking ticket, you cannot 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 courts.

Everyone should sign above and keep a copy for their own records.


Written email agreement to the estimate and adding Administrator privileges to your website binds this agreement.


Updated: 11/04/2018