I. Summary:

We’ll always do our best to fulfill 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 our Terms of Service, you won’t find any complicated legal terms or long passages of unreadable text. We have 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.

What do both parties agree to do?

You: You have the authority to enter into this Terms of Services agreement on behalf of yourself, your company or your organization. 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 on the proposal.

Us: We have the experience and ability to do everything we’ve agreed to, and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.

Getting down to the nitty-gritty

Design

We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and using Wireframes that you will have the chance to review and request revisions if necessary. This way, before we even get to developing the website, you will already know what it looks like and there will be no surprises. Designing this way also speeds up the whole process and makes it easier to bring the design closer to what you want.

You will have one or more weekly opportunities to review our work and provide feedback. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us our hourly rate as outlined in the project proposal for each full hour of work towards the project, plus an additional 20% cancellation fee. You will then be reimbursed your deposit.

Text content

We’re happy to work with you to develop engaging copy for your website. However, we’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate in the proposal for that.

Photographs

You should supply graphics 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 libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS and Javascript

We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, polyfills, and behaviors.

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. We test our work in current versions of major desktop and mobile browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla (Firefox).

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Changes and revisions

We know from experience that fixed-price projects are rarely beneficial to you, as they 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 a project as indicated on our proposal 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.

Social Media 

As a web design and digital marketing business, it should be no surprise that we are active on social media. We reserve the right to post on social media about your project, as well as utilize it for any other marketing materials like blog posts, case studies, and paid ads. Rest assured, we will always do our best to show your brand in the best possible light, and will keep all confidential/sensitive information secret.

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.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us 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.

Phew.

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.

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. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images, and data you provided unless someone else owns them.

We’ll own the unique combination of these elements that constitute a complete design and we’ll license that you, exclusively and in perpetuity for this project only unless we agree otherwise. We can provide a separate estimate for that.

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, blogs, and social media.

Payments

We’re 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 payment schedule outlined in the proposal. Late payments will incur an additional 10% fee.

Throughout the project, you will have one or more weekly opportunities to review our work and provide feedback. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us our hourly rate as outlined in the project proposal for each full hour of work towards the project (we track all billable hours), plus an additional 20% cancellation fee. You will then be reimbursed for your deposit.

Just like a parking ticket, you can’t transfer these Terms of Services to anyone else without our permission. This Terms of Services agreement stays in place and need not be renewed. If for some reason one part of the Terms of Services becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this Terms of Services agreement is a legal document under exclusive jurisdiction of the United States of America and governed by the state laws of New Jersey.

II. Outline of Responsibilities:

Designing a website is a team effort. Collaboration, prompt communication, and an openness to new ideas are just some of the things needed to work effectively together for a successful project outcome.

To create a website that can help you achieve your business goals, it’s important that we cover the ground rules of what both parties are responsible for during each phase of the web design process. Outlining the responsibilities of the web designer and client during each phase ensures there are no surprises on what’s being asked and the project can be completed in a timely manner.

Research

The research phase establishes the foundation of the project. The learnings gained in this phase will be used to inform decision making throughout the project and help us provide design and marketing solutions to help grow your business.

Inbound Web Development

We will perform a thorough analysis of your business, local industry, and the competitive landscape. We will then present to you our findings and recommendations in a strategy deck. Depending on the size and scope of the project, we may also write up a web design brief.

Client

It is likely that we will assign you some “homework assignments” once the project starts. Don’t worry, they’re simple. Some of the tasks include an onboarding process, filling out content worksheets, reviewing websites that we think offer good inspiration for the project, and giving us prompt feedback on ideas presented.

Design

In the design phase, we create a website wireframe for the project that will outline what the website will look like once it’s complete. We start with minimal detail and focus on the layout and structure first. We continue to iterate on the design and add detail based on your feedback until the final design is approved and development can start.

Inbound Web Development

We will create a wireframe for each page on the website so you know exactly what it will look like once it’s online. We’ll also develop the color scheme of the website, gather stock photography and other creative assets, and write the copy (if it is within the project scope).

Client

During this phase, you will have multiple opportunities to review our work. We schedule a few meetings/video calls to present the design and our rationale behind it. We’ll ask for your feedback and will listen to any constructive criticism offered to improve the design. During this phase, we can’t stress the need enough for prompt responsiveness and good communication, as the project cannot move forward during this phase without it.

Development

The development phase involves setting up the hosting, installing WordPress, and coding/configuring the website until it is complete and ready to be launched.

Inbound Web Development

This phase of the project is not as collaborative as the others. With the final design in hand at this point, it’s on us to code the website and get it live on the internet. We will keep you up to date on the progress of development with an email/slack every few days. Once complete, we’ll send you private links so you can review the final website before it goes live.

Client

During this phase, we may need information from you to set up your hosting account or access to your current website if you already have a hosting plan or domain name. Other than that, we just need you to review the website with the links we send you so you can give us your final approval.