Summary

We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we 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. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short

You, “The Client”, are hiring Mann Communications located at 32 Rowan Grove, Livingston, EH54 5JA  to design and develop a web site for a monthly payment as set out in the payment section which is at the end of the document.

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 we need to complete the project including text, images and other information as and when we need it, and in the format that we 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 we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we 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 we will also maintain the confidentiality of any information that you give us.

Details of the works

We will create designs to match the look-and-feel of your branding. These packages include 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 daily rate which is £240 per day.

HTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Text content 

We are not responsible for writing or inputting any text copy as part of the design and construction of your website. If you would like us to write or input copy for you during this stage we’d be happy to help, and in addition to the package price we will charge you at our hourly rate of £40, including a free initial consultation, for copy writing or content input. Your package includes time each month to be used for us to make updates to your site (full details below) and this can be used to input new text or update copy.

Photographs

your package includes a number of images from a vendor of our choice as detailed below:

Basic website: 5 images

Start-up website: 7 images

Advanced website: 12 images

We will try our best to ensure that we can provide you with images which meet the exact requirements of your business. However there may be times where this is not possible and if this is the case, then you will have the choice to 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 search for images from other vendors at an hourly rate of £40 plus the cost of the image(s). If needed, you will supply us photographs either in digital or printed format. If you choose to buy additional stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at £40 per hour, after a free initial consultation to determine if this is the best route to take.

Changes and revisions 

Your website package includes time each month which can be used to make minor updates to your site:

Basic website: 30 minutes

start-up website: 45 minutes

Advanced website: 1 hour

If you decide that you need bigger changes done, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate which is £240 per day. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical support 

You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. Updates (other than updates to your site included in your package) to, and management of your hosting, plus any support issues will be up to you.

We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.

Legal stuff 

We can’t guarantee that the functions contained in any web page templates or in a completed web site will always 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 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.

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, 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.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we  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.

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, which will be as follows, but may be revised based on further conversations between us.

Basic Website

If you have chosen the “Basic” website package you agree to pay a small deposit of £24.99 and then pay a monthly fee of £24.99. The minimum term of this agreement is 12 months, although you can cancel the agreement at any time by paying the balance of payments due  to make the total amount paid =12 x £24.99 = £299.88. After the initial 12 months of this agreement you may cancel the agreement by giving 30 days notice. Otherwise the agreement will run month to month until either party gives 30 days notice to end the agreement.

Start-up Website

If you have chosen the “Start-up” website package you agree to pay a small deposit of £39.99 and then pay a monthly fee of £39.99. The minimum term of this agreement is 12 months, although you can cancel the agreement at any time by paying the balance of payments due  to make the total amount paid =12 x £39.99 = £479.88. After the initial 12 months of this agreement you may cancel the agreement by giving 30 days notice. Otherwise the agreement will run month to month until either party gives 30 days notice to end the agreement.

Advanced Website

If you have chosen the “Advanced” website package you agree to pay a small deposit of £69.99 and then pay a monthly fee of £69.99. The minimum term of this agreement is 12 months, although you can cancel the agreement at any time by paying the balance of payments due  to make the total amount paid =12 x £69.99 = £828.00. After  the initial 12 months of this agreement you may cancel the agreement by giving 30 days notice. Otherwise the agreement will run month to month until either party gives 30 days notice to end the agreement.

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?

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 Scottish courts.