CLIENT AGREEMENT

Summary

I will always do my best to fulfill my clients’ needs and meet their goals, but sometimes it’s best to have a few things written down to communicate what happens if an issue arises.

In short

KNDS Digital Marketing provides web design and development including various online marketing services to businesses on a contract basis.

What Do Both Parties Agree to Do?

As a client, you have the power and ability to enter into a 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 that I require. You agree to review my work, provide feedback and approval in a timely manner too. You also agree to honor the payment schedule outlined in the contract.

I have the experience and ability to perform the services you need from me and will carry them out in a professional and timely manner. Along the way I will strive 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. I will always maintain the confidentiality of all information that you provide to complete your project.

PROJECT DETAILS

Design

Design contracts include one main design plus the opportunity for you to make up to two rounds of revisions per project. If you’re unsatisfied with the completed design at the final stage, you’ll be required to pay in full for all the work that I have produced until that point. You may either cancel our contract or continue to commission me to make further design revisions.

Development Platforms

The landscape of web browsers and devices changes regularly, with that in mind I will test your website in current versions of all major desktop browsers and devices to ensure that it functions as expected. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. 

I will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera. If you need me to consider these older browsers, I will charge you at my hourly rate for any necessary additional design work, development, and testing.

Text Content

You will supply me with all copy for the website. I offer editing and supplemental copy as needed.

Photographs

You will supply photographs in digital format. If you require stock photographs, send me a screenshot or link to the images you want to use. Time spent searching for appropriate photographs will be included in the project discovery phase, unless it is outside the scope of the original quote.

Changes and Revisions

Fixed-price contracts may 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/proposal prices are based on the amount of work I estimate I’ll need to accomplish everything that you have told me you want to achieve. If you 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 to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. I’ll be upfront about all of this when it happens to make sure we’re all on the same page before proceeding. I will 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 estimate and contract.

Technical Support

Technical support is included for up to 30 days after site launch. Support needed after the 30-day period will be charged at my hourly rate.

Legal

I can’t guarantee that the functions contained in any web page, theme or a completed website will always be secure or error-free, 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. I preemptively address common errors in the quarterly care plan, but down-time due to server issues and other technologies are unpredictable.

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 on the website are either owned by you, your company, or that you have permission to use them.

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 your project.

You will receive a copy of all files and I am not required to keep them or provide any native source files I used to make them.

You own text content, photographs, and other data you provided, unless someone else owns them. I own the general code and plugins that I license to you for use on only your project. At times, you will be required to pay an annual license to use premium plugins that I have implemented on your website. I will communicate these charges as your website design progresses, which may not have been outlined in the quote if your needs exceed what we have discussed.

I reserve the right to display and link to your completed project as part of my portfolio and/or on social media.