The Legal Bits

This contract is as anti-legal-gibberish as possible so please have a good read through and make sure you're happy with everything.

I'll always do my best to fulfil your needs and meet your expectations, but it's important to have things written down so that we both know what's what, who should do what and when, and what will happen if something goes wrong. In this contract you won't find any complicated legal terms or long passages of unreadable text. I've no desire to trick you into signing something that you might later regret. What I do want is what's best for both parties, now and in the future.

So, in short; You ("You") are hiring me (Stay Rad WordPress Websites) ("I or Me") to: Create a website and / or modify, update or make changes to your existing website in some way as outlined in previous correspondence.

Of course, it's a little more complicated, but we'll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company, your organisation or your client. You'll give me the assets and information I tell you I need to complete the project. You'll do this when I ask and provide it in the formats I ask for. You'll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you'll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Me: I have the experience and ability to do everything I've agreed with you and I'll do it all in a professional and timely manner. I'll endeavour to meet every deadline that's set and on top of that I'll maintain the confidentiality of everything you give me.

Getting down to the nitty gritty

Brief

You will give me a clear written brief specifically mentioning copy, image, graphic design and functionality requirements for your new website. I will use this to create a website sitemap that will be used as the basis for the proposal. My proposal and lead time estimates are based upon the website sitemap and those elements will be fulfilled under this contract. Anything else may be possible but note the special mention regarding changes and revisions below.

Design

Your brief must include either a:

1) Full design e.g. in XD or
2) Conceptual design in PSD or even PDF.
If a suitable WordPress theme is selected it will be accepted as a conceptual design guideline, on condition the content provided will work in the theme (i.e. copy, images and correct banners).

Proposal

I take considerable time to understand your requirements, I research them and from there I produce a quality tailor-made proposal for you. This is not a simple quote. In it I outline the project roadmap and I explain exactly what work I will be doing, including a specific list of deliverables. This is like a check list of the whole job, so we all know what is and isn’t included.

• Design fee: A design fee will be included in the proposal. This value is directly related to the size & complexity of the website and whether a full or conceptual design has been provided. Simply put; where no design has been provided the cost of the design is added here or, conversely, the more comprehensive your design, the lower this fee.
• Development fee: This is for the work that I do to create the website from design to live site.
• Software fee: This is for any software costs related to functionality plugins and theme licences.
• Reverts: My proposals typically include 3 rounds of reverts. Note the special mention regarding reverts below. Additional changes may be possible but note the special mention regarding changes and revisions below.

Commencement

Before I will schedule your project in and commit to a deadline I will need to receive, in full, the following from you:

• Signed Client Service Agreement (this document)
• 50% Non-refundable deposit
• Written brief (signed-off website sitemap)
• Design (full or conceptual)
• Content: copy & graphic design / photography
• Access (login details for hosting, FTP, WordPress, merchant accounts)

Project will only begin once brief, content & deposit have been received.

Any project put on hold for more than 30 days due to client delays will incur hosting (R100) & maintenance charges (R400) per month of delay.

Any project stalled for more than 3 months will be cancelled and the website invoice will be adjusted to reflect the 50% non-refundable deposit plus any additional work to date and the project will be considered complete. Further work will be quoted for separately.

Copy

Unless agreed separately, I'm not responsible for generating your text or images for your content management system This is to be supplied by you. I can also refer you to professional copywriting and editing services.

Graphics and photographs

You should supply graphic files in an editable, high- resolution 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, I can provide a separate estimate.

Reverts

My proposals include 3 rounds of changes:

1. The first relates to visual changes. This might be adjusting colours, fonts, spacing, rearranging on-page content or changing banner sizing.
2. The second is for any tweaks we might have missed the first time round and at the end of this feedback loop, the desktop version of the website should be signed off.
3. The final round is for mobile adjustments and testing.

Please note: expressly excluded from Reverts is the addition of any new content, whatsoever.

Changes and revisions

I don't want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of days or weeks that I estimate I'll need to accomplish everything you've told me you want to achieve in your written brief, but I'm happy to be flexible.

If you want to change your mind or add anything new, that won't be a problem as I'll provide a separate estimate for those additional days. The new work will be scheduled in at the next available slot, so may incur a delay to the original estimated completion date.

Browser testing

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.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won't test in other older browsers unless agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Mobile browser testing

Testing using popular smaller 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. I test my designs in:

I won't test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless I agreed separately. If you need me to test using these, I can provide a separate estimate.

Technical support

I'm not a website hosting company so I don't offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and if you do, great. If you don't, I will recommend one of my preferred hosting providers.

Backups

I do not offer website backups. Speak to your hosting company to confirm whether they have regular backups in place as they often do, but not always. Or speak to me about providing a separate estimate for this.

WordPress, Themes & Plugins

On the day that your website goes live and this project is deemed complete the responsibility for updating WordPress, Themes and Plugins transfers to you, unless otherwise agreed. If you want to activate support and maintenance, you can do so here: https://stayrad.co.za/support-maintenance/

Fixing any issues that arise from either not updating WordPress, Themes or Plugins or issues that arise from future updates to WordPress, Themes or Plugins are your responsibility and will be remedied at your own cost. I will not be liable for any issues relating to any incompatibility of future WordPress, Theme or Plugin updates or other code changes. The use of WordPress, Themes and Plugins are subject to the terms and conditions of WordPress and the Themes and Plugins used.

Search engine optimisation (SEO)

No one can truly guarantee you'll be at the top of a Google search page, but the pages that I develop are accessible to search engines and all modern best practice tasks are implemented.

Legal stuff

I'll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can't guarantee that my work will 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, even if you've advised me of them.

Your liability to me will also be limited to the amount of fees payable under this contract and you won't be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we've advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, "Intellectual property rights" means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you've permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I'm using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I've obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you're using their intellectual property. Provided you've paid for the work and that this contract hasn't been terminated, I'll assign all intellectual property rights to you as follows:

You'll own the website I design for you plus the visual elements that I create for it. I'll give you source files and finished files and you should keep them somewhere safe as I'm not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I'll own any intellectual property rights I've developed prior to, or developed separately from this project and not paid for by you. I'll own the unique combination of these elements that constitutes a complete design and I'll license its use to you, exclusively and in perpetuity for this project only, unless I agree otherwise.

Displaying our work

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.

• 50% Non-refundable deposit at the start of the project.
• • Balance due on the day the website goes live, strictly COD.

I issue invoices electronically. My payment terms are 5 days from the date of invoice by EFT or the SWIFT international payments system.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.

But where's all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other's permission.

We both agree that we'll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

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 South African courts.

The dotted line. Everyone should sign and keep a copy for their records.