Between Brandtastic Ltd and you [Client/Company Name].
Summary of contract
We’ll always do our 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. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short
You [Client/Company Name], [Client/Company address] are hiring us (Brandtastic Ltd) located at The Threshing Barn, Hurst Farm, Taplin’s Farm Lane, Winchfield, Hampshire RG27 8SL to design and build a [Project name] for the estimated total price of [£00000] + VAT as outlined in our proposal and or quote.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our 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.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
Overview
[Insert brief overview of project]
Planning
Based on fact finding communications between us (meetings, calls, emails etc) we will produce a sitemap which will outline the structure and functionality of your new digital project. Once this is signed off we will design and build the site based on this. Any change to functionality or structure required after build and sign-off of the sitemap will be chargeable.
Web Design & Development
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We will use our online proofing tool to show you static proofs of each page template for you to sign off, to save costs on making timely changes to code. We won’t waste time mocking up every page as a static visual. This contract includes x2 rounds of design amends at the initial design stage. Once the design and functions of the website are signed off we will move on to web development and build your website. Any change to design or functionality required after build and sign-off of static proofs will be chargeable.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our workings with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking and wish to cease this project, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
Preliminary Works
Brandtastic retains all rights in and to all initial designs. Preliminary Designs shall remain the exclusive property of Brandtastic
Text content
You will provide us with all text for the site. We will populate up to 10 pages for you unless agreed otherwise. We’re not responsible for writing any text copy. We do provide copywriting services and if you’d like us to write new content or input text for you over the 10 pages mentioned, we can provide a separate estimate for that.
Images & Graphics
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, we can suggest stock images. If you’d like us to purchase for photographs for you, we can provide a separate estimate for that.
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.
Desktop browser testing
We test our work in current versions of major desktop browsers made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for older versions of Internet Explorer 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
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. We test our designs in:
iOS 10: Safari, Google Chrome via emulator
Android: Google Chrome via emulator
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Third party additions or amendments
Any content or plugins added to a Customer’s website by the Customer or a 3rd party on its behalf are the responsibility of the Customer and Brandtastic has no liability for those or any further additions made by the Customer or 3rd party on its behalf. Any further work required by Brandtastic to rectify issues caused by 3rd party or customer development will be chargeable for an agreed fee. Brandtastic will not be held accountable for the failure of any plugins developed by a 3rd party, but will do its upmost to rectify any issues caused by such for an agreed fee.
If the website is hosted and/or maintained by Brandtastic, the CUstomer must give notice of any changes made to the site outside of the CMS system to avoid loss of work through version control. Any work required to replace lost amendment when no notice is given thereof will be chargeable for an agreed fee.
Technical support
We’re not a IT support company so we don’t offer support for your PC, Desktop, Laptop or Mac, Tablet or telephone of any variety. We will always support and advise on any service created or offered by the Brandtastic to the best of our ability, including hosting or email based on our servers.
Hosting & Maintenance
We have our own dedicated hosting service. We offer all our clients shared hosting. We can also offer managed hosting on a Virtual Private Server (VPS). Any website we host must be accompanied by a maintenance pack. We strongly recommend using our hosting services as it avoids the many technical snags that can occur with 3rd party hosting. However, we are happy to work with a service our clients may already have in place if necessary.
Changes and revisions
We know from experience that fixed-price contracts often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Timely communications
We will always respond to any communications directly linked to a project within 2 working days, equally to keep the project moving forwards, meet deadlines and not adversely affect other client projects you should try your best to match this. If we do not receive return communications either by email, phone or in person within 5 working days we may take the decision to invoice for work done so far and put your project on hold, to allow us to focus on other clients’ projects.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines and follow all current SEO standards. We do offer SEO services in various forms and we’re happy to provide a separate estimate for that.
Legal stuff
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and 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, even if you’ve advised us 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.
Copyrights
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 us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This protects us from the copying or duplication of our design work for another party’s financial gain.
Displaying our work
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books, unless you specifically ask us not to do so.
Cancellation
Of course, we never want to end a contract early, but circumstances can change and it’s only fair that both parties have a right to cancel. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our workings with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking and wish to cease this project, you’ll pay us in full for everything we’ve produced until that point and cancel this contract. In turn, if we feel that circumstances beyond our control are affecting our ability to deliver this project to the high standards we pride ourselves on, we also have the right to issue an invoice for work carried out to date and cancel this contract.
Terms & Conditions
This contract implies and integrates all points laid out in our standard terms and conditions. Our standard terms and conditionscan be found at https://brandtastic.co.uk/working-with-us/terms-conditions/. Entering into this contract is taken as understanding, and agreement to comply with, these terms.
Duration of contract
This contract is valid as long as the website, be that its design or source code, are in use in a live environment, public or otherwise.
Payments
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick to the following payment schedule.
- [Insert payment schedule]
- Final X% of project cost to be invoiced on completion of build* and funds cleared in order to make the site live
*Completed digital projects: CMS Websites by their very nature are editable by their owners and as such can be populated by them too. Should the client have content ready in good time we will populate up to 10 pages of a new website as part of the project costs – prior to clients training on the CMS. (This population guarantee does not apply to pre-existing sites and those being updated. In this case a quote will be given for any extra population)
Should a website or update be in a ‘finished state’** for more than 7 days before a customer has supplied content we will regard the project as complete and raise our invoice for full final payment. If this situation should arise we will always honour the population of 10 pages of the site upon receipt of content, after payment has been made.
** A ‘finished state’ is defined as a website or update that has been fully built with all agreed pages and sections created, all design and layout is as signed off and all features and functionality working correctly. It does not cover content such as, but not limited to, text or pictures to be supplied by the Customer.
We issue invoices electronically. Our payment terms are 15 days from the date of invoice (unless otherwise stated) by BACS or the SWIFT international payments system, we do not accept cheques. All proposals are quoted in Pounds Sterling and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be provided on our electronic invoice. We reserve the right without notice to charge interest on past due balances at the statutory rate without prior agreement as is our right† and at any rate agreed otherwise in any contract between Brandtastic and The Customer. We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay Brandtastic’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
†Late Payment of Commercial Debts [Interest] Act 1998 Further reading
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 English and Welsh courts.
Between Brandtastic Ltd and you [Client/Company Name].
Summary of contract
We’ll always do our 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. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short
You [Client/Company Name], [Client/Company address] are hiring us (Brandtastic Ltd) located at The Threshing Barn, Hurst Farm, Taplin’s Farm Lane, Winchfield, Hampshire RG27 8SL to [design/artwork/etc] [Project name] for the estimated total price of [£00000] + VAT as outlined in our proposal and or quote.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our 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.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
Overview
[Insert brief overview of project]
Text content
You will provide us with all text for the project. We’re not responsible for writing any text copy. We do provide copywriting services and if you’d like us to write new content, we can provide a separate estimate for that.
Images & Graphics
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, we can suggest stock images. If you’d like us to purchase for photographs for you, we can provide a separate estimate for that.
Changes and revisions
Each stage of the project (Initial Design, Artwork) includes x3 rounds of amends and further rounds of amends or changes will be charged at an agreed fee. We know from experience that fixed-price contracts often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Timely communications
We will always respond to any communications directly linked to a project within 2 working days, equally to keep the project moving forwards, meet deadlines and not adversely affect other client projects you should try your best to match this. If we do not receive return communications either by email, phone or in person within 5 working days we may take the decision to invoice for work done so far and put your project on hold, to allow us to focus on other clients’ projects.
Legal stuff
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and 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, even if you’ve advised us 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.
Copyrights
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 us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve created prior to, or created separately from this project and not paid for by you. We’ll own the unique combination of elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This protects us from the copying or duplication of our design work for another party’s financial gain.
Copyright Usage: The rights granted to Client are for the usage of the Final Design in its original form only. Client may not modify the Final Design. License: Exclusive, worldwide in a printed medium. All other rights to be negotiated separately.
Preliminary Works
Brandtastic retains all rights in and to all initial designs. Preliminary Designs shall remain the exclusive property of Brandtastic
Displaying our work
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books, unless you specifically ask us not to do so.
Cancellation
Of course, we never want to end a contract early, but circumstances can change and it’s only fair that both parties have a right to cancel. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our workings with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking and wish to cease this project, you’ll pay us in full for everything we’ve produced until that point and cancel this contract. In turn, if we feel that circumstances beyond our control are affecting our ability to deliver this project to the high standards we pride ourselves on, we also have the right to issue an invoice for work carried out to date and cancel this contract.
Terms & Conditions
This contract implies and integrates all points laid out in our standard terms and conditions. Our standard terms and conditionscan be found at https://brandtastic.co.uk/working-with-us/terms-conditions/. Entering into this contract is taken as understanding, and agreement to comply with, these terms.
Payments
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick to the following payment schedule.
- [Insert payment schedule]
We issue invoices electronically. Our payment terms are 15 days from the date of invoice (unless otherwise stated) by BACS or the SWIFT international payments system, we do not accept cheques. All proposals are quoted in Pounds Sterling and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be provided on our electronic invoice. We reserve the right without notice to charge interest on past due balances at the statutory rate without prior agreement as is our right† and at any rate agreed otherwise in any contract between Brandtastic and Client. We reserve the right to refuse completion or delivery of work until past due balances are paid. Client shall pay Brandtastic’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts.
†Late Payment of Commercial Debts [Interest] Act 1998 Further reading
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 English and Welsh courts.
