TERMS AND CONDITIONS
You, Lisa Silverman, are hiring Emphatic Designs to design and develop a website for the estimated total price of $500.00 outlined in our previous correspondence.
As my customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete the project including text, images, fonts and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together. You also agree to keep to the payment schedule set out in this proposal.
I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. I will attempt to meet all the deadlines set but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage. I will also maintain the confidentiality of any information that you give me.
Details of the works
I will create designs for the look, layout, and functionality of your website. This contract includes one main design and three opportunities for you to make revisions to the final design. If you are not happy with the design at that point, I will provide you with an additional quote for extra design work needed. If instead, you wish to cancel our agreement, you may do so and I will retain the initial payment for the work completed to date.
I will test my design in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google and Opera. I will also test to ensure that pages will display visually in a similar—not necessarily an identical—way in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
I 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.
I am not responsible for writing or inputting any text copy. I will be happy to help, but significant work on my part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.
If needed, you will supply me photographs either in digital or printed format. Otherwise, stock photography will be made available.
Changes and revisions
The estimate/quotation prices in this proposal are based on the time I estimate I will need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. At that time you will be provided with an additional quote for the extra work.
Your site uses plugins and themes licensed to me. If you sign on for a website care plan, you will be allowed to use them. If you choose not to take out a care plan or terminate a plan, my developer licenses will be removed and you will need to purchase your own licenses.
As agreed, the quote provided includes the installation and set up of your site on your server. Updates to, and management of that server (hosting company) will be up to you.
I do offer a Website Care Plan as a separate service. Please refer to the Website Owner's Manual for more information.
I am not 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—even if you have advised me 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.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you 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 this project. I will give you a copy of all files and you should store them carefully as I am not required to keep them or provide any native source files that I used in making them.
You also own text content, photographs, and other data you provided unless someone else owns them. I own the HTML markup, CSS, and other code and I license it to you for use on only this project.
I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles, and in books.