This Website Design Agreement (“Agreement”) is being made between [YOU] (that’s “You”) located at [YOUR ADDRESS] and Fabrizio Tumolo (that’s “We” or “Us”) on [DATE]. [YOU] and Fabrizio Tumolo may also be referred to as “Party” or together as the “Parties”.
- Services
You want a website and We can’t wait to build it for You. We will provide You with the following services (“Services”) in a timely and professional manner.
If You decide the Services aren’t exactly what You are looking for, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know what You would like to change by filling out a simple form called a “Change Order”. The Change Order will explain what You want Us to do differently. If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services. Speaking of costs…
- Cost & Payment
They say nothing good in life is free, and this is no exception.
Total Cost of the Services - sent in separate invoice(s).
- Timeline
We know You are excited to receive your final product, and We don’t want to leave You waiting. We will roll up our sleeves and get work on the agreed upon date and continue until the satisfactory completion of the Services. This means that We won’t throw the towel in until the website We develop for You is performing exactly as agreed to.
We want to keep You informed of the progress We are making on your website. We will share our work with You via Google Docs, Dropbox, or other file sharing service and be available to answer any questions You may have during that time.
Your FINAL Review: SEE PRPOSAL
Your FINAL review must include any and all feedback You have.
Completion: SEE PROPOSAL
- Copyright Notice
A Copyright notice that states “© [YOU]” will be displayed on the bottom of each page of your website.
- Intellectual Property
You will own the masterpiece, also known as the website, that We design for You and any visuals that We provide with it. We will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims.
We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.
- Confidentiality
Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). We promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.
- Assignment
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
- Termination
We would really hate to see You go. If You decide We aren’t your cup of coffee (or wine), You can end this Agreement by giving Us a ten (10) day written notice and paying Us for the Services that We have completed.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice.
This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
- Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
- Phone Consultation Fees
We believe in you get what you pay for and telephone consultation during the project is not free. It's at the discretion of the website project manager, however, because the initial consultation is FREE, therefore the remained of the project should be managed through emails and/or centralized project space e.g. trello.com
If there is further telephone consultation needed throughout the project that is outside of the agreed initial project scope then this will be charged at £60ph, billed every 15minutes.
- Dispute Resolution
a. Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
- Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
- Litigation: If litigation is necessary, this Agreement will be interpreted based UK law, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
- Solicitor’s Fees: The prevailing party, or “winner” as non-solicitors call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
- Severability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
- Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
- Notices
All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered snail mail with return receipt requested.
Notices should be sent to:
[YOU]
Tiger Digital Web Design, Fabrizio Tumolo, 51 Sherborne Crescent, Carshalton, SM5 1JU
- Let’s Shake Hands
Ink is the official handshake of business. If You agree to the terms of this Agreement, please sign below or the proposal. This Agreement will become effective on [DATE].
