Summary
I like to build professional, long-term and positive work relationships, ‘professional friends’ if you will. I know that you’ll do your best to fulfill my needs and meet my expectations (and vice-versa), 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 this contract, you won’t find any complicated legal terms or long passages of unreadable text. I don’t have any desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
By purchasing this service, you (“Client” or “You”) has retained Karissa Skirmont of Profound Splash! (a division of Profoundly Purple {formerly Kissa’s Kreations}) (“Service Provider”or “I”) as an independent contractor to proceed with consulting, website development and/or graphic design services and is ready, willing and able to undertake the Services and agrees to do so under the terms and conditions set forth in this Agreement.
- Design and Develop a simple WordPress website using a Genesis Framework Theme
What do both parties agree to do?
Client: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats we need. You’ll review my 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 at the end of this Agreement.
Service Provider: I have the experience and ability to do everything I’ve agreed with you and do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that, I’ll maintain the confidentiality of everything you give me.
Payment
Payment for these services will be at the website package rate listed in your chosen package and/or chosen À la carte options.
ADDITIONAL BILLABLE
Anything that goes beyond what is included in your chosen Package is subject to additional fees. Unplanned components, ideas, revisions, and project scope changes happen – when there is an unexpected event that will incur a cost, I will notify you ahead of time and will not produce unless I receive clear approval for increased budget and timeline.
Hourly rate: $100† /hour, billed to the quarter of an hour through my online billing and desktop hour tracking software, Harvest. However, most additional projects and/or project modifications will be scoped and bid on a fix-price basis.
(† Rate for 2019 is $100/hour, the new rate of $105/hour will be effective January 1, 2020. )
Getting down to the nitty gritty
Communication
During your project(s) we will primarily use email to communicate and share files. This helps us keep everything organized.
I require that any requests and communications be made via email to karissa@profoundsplash.com for both our mutual benefit (in the forms of organization and sanity).
When it is a request that require action, it needs to be done via email rather than text (never Facebook messenger), preferably in the same thread if we were already communicating about it. That way it’s better retrievable for reference, and the email acts as an action item.
I do my best to reply to all communication regarding active projects within three business days (during my office hours) which normally occur between the hours of 10 am to 10 pm on weekdays.
If you would like to schedule a phone call to iron out any details, please email me prior to our call with a set agenda of questions or problems to be addressed. Then you can schedule an appointment here: https://profoundsplash.com/schedule.
If your questions can be answered via email, I may simply do so in lieu of a call. I’ll be sure to ask if your questions/concerns have been sufficiently addressed before canceling any phone calls. If I’m able to answer your questions but you still would like a phone call, you’ll just need to send a revised agenda.
Design
I create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (color, texture, and typography.) I call that ‘atmosphere.’
Text content
I’m not responsible for writing any new content as I don’t provide professional copywriting and editing services. It’s actually one of the only things I DON’T do. Content will be created and provided by you. I may outline content insertion during the process to convey the gist of what I think should be in a specific spot, but ultimately it will need to be edited by you or a copywriting expert.
In the case of you writing the text content yourself, or in the case of you hiring someone to do so for you, you agree to turn in your content on the date listed in your project proposal.
The text content you turn in to me on that date is the final content for the project. Any changes that you wish to make to the text content, you may make yourself upon website deployment. This helps us move through the phases of your project smoothly.
There is a 3 day grace period for getting your final content to me. This means that if absolutely necessary, you can take 3 extra days to turn in text content after the content due date. Beyond 3 days, you will be charged a late fee of $15 per weekday until content is turned in.
I will help you organize and load this content into the WordPress when ready. You will have the ability to change content in the system as often as you like, but I will provide the initial loading.
Content can range from text, pictures, galleries, PDF/PPT/DOC downloadable files, embedded video, forms, and any element supported by WordPress.
If you would like help writing this and want to work with a copywriting expert, I can refer you to my partner.
Graphics and Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I may have included it in the proposal but if not, I can provide a separate estimate for that.
File Naming Convention
When there are files that we are going to go back and forth on, I use “filename_v1.pdf”, “filename_v2.pdf” etc. This way we are clear of which file is newest, as it’s always at the bottom.
With files that require dates, I use the Year/Month/Day format: “filename_2017-10-18.pdf”.
Projected Time Frame
I will work hard to complete all projects in a timely manner. I’ll keep you in the loop throughout the project with status updates, answers to any of your questions, or maybe even with questions of my own in the process. However, a timely launch depends wholly on mutual cooperation in providing necessary assets, including text, images, and other information as and when needed, and in the format requested. With timely reviews, feedback and sign-off approval, I’ll be able to meet my estimated time frame. Deadlines work two ways and provided that both sides are able to meet mutually agreed upon deadlines, the site will be launched in the stated time frame.
Hosting
The website will be built on my hosting server. Based on their SLA, they endeavor to have 99.9% uptime on their servers measured annually.
There may, of course, be times when the server will not be available, this is out of my control.
HTML, CSS, PHP, WordPress, and Javascript
I deliver WordPress driven theme based websites developed from PHP, HTML5 markup, CSS (SASS) styling and unobtrusive Javascript for feature detection, poly-fills, and behaviors. I also may use jQuery, a javascript library, for animations and effects.
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.
Desktop browser testing
Browser testing means ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge & Internet Explorer), Mozilla Firefox and Opera. I don’t test in older browsers unless you specify otherwise. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test my designs in:
Android: Google Chrome
iPhone: Safari
I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need me to test using these, I can provide a separate estimate for that.
Backups
I have a backup plugin installed and set it so that it will automatically do daily database and weekly file backups.
WordPress Maintenance
Like your vehicle, WordPress needs to be maintained on a regular basis so included with your initial Package rate is a WordPress Website Maintenance Plans. These include offsite backup with rollback capabilities, version control.
Software Licenses
As a developer, I hold licenses to small pieces of software, known as plugins, that I may use on your website project. Your use of these plugins will be covered under my license for the duration of your use of my service, but are not transferable to you.
Search Engine Optimization (SEO)
I am not an SEO expert. I do not include content SEO services like keyword research, on-page content optimization, local SEO, backlink strategy, or competitive analysis. I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the ‘top of Google’, but I build every site in a way that is accessible to search engines in an effort to increase its chances.
If you desire to work with an SEO expert, I can refer you to
- Cinthia Pacheco, https://www.digimorphs.com
- Travis Pflanz, 816-200-2822, https://www.webworksofkc.com
- Rebecca Haden, 479-966-9761, http://www.hadeninteractive.com
Please mention my name if you talk to them.
Sometimes I Need Help
Although I am the primary point of contact, project manager, designer, and developer for all of my projects at this time, I may hire subcontractors for certain areas of the project on an as-needed basis.
Confidential Information
While working for you, I may come across, or be given, information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. I promise to treat this information as if it is my own confidential information. I may use this information to do its job under this Contract, but not for anything else.
Additional Services and Features, Changes and revisions
It is important to see the project through as defined in the agreed-upon proposal. Upon completion, we can start a new project that includes the desired changes or additional functionality.
In other words, additional services and features require an additional project that can be started only after the current project is complete.
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I am happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional weeks.
Authorizations
You agree to provide access to any hosting, domain account, and/or blog account for the sole purpose of installing and updating the web product as needed. This includes but is not limited to your domain name registrar (the site where you bought your domain name), your hosting account, hosting cPanel, any necessary databases, and your blog’s dashboard. You are more than welcome to create a new admin user for me if you would prefer, but I will need admin level access to make the web magic happen.
Unexpected Repairs
If you or someone from your organization or team attempts to update the website, infrastructure, or source files in a way that causes damage to the website before the completion of the project, the time to repair the website will incur a repair fee double the hourly rate and will be added onto the deployment day fee.
LEGAL STUFF
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission.
I can’t guarantee that my work will be error-free and 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, even if you’ve advised me of them.
All work is as-is upon deployment. There are no written or implied warranties in this contract.
Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of American courts.
COPYRIGHTS
First, you guarantee that all elements of text, images documents or other artwork you provide are either owned by yourself or that you’ve permission to use them. When you provide text, images, documents or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You own all elements of text, images, and data you provided unless someone else owns them. And you will have the opportunity to download all of the project related files from shared online storage for 30 days after the completion of our project.
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This license does not permit the reselling of the website design or code in part or in full. This license does not permit its transfer to another person. Should you need an extension of this license, I can provide a separate estimate for that.
WEBSITE DESIGN CREDIT
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio that is displayed on my website(s) and to write about it in brochures, promotional material, on websites, in magazine articles and in books.
I will place a small credit to me on your website. This will be in the form of a small line of text with a link to my website, usually in the website footer.
EXPIRATION & MODIFICATION
This Agreement commences on the date it is executed and shall remain in effect for a period of one year, and renews upon payment for the next year’s service or until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If an agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement. Any hours used prior to written notification are considered fully earned and nonrefundable.
RESERVATION FEE & TERMINATION POLICY
To reserve my time, a non-refundable reservation fee in the amount of a minimum of 50% of the total project fee is due upon contract and proposal acceptance.
From time to time circumstances beyond the control of either of us may result in the need for a project cancellation. This must be done in writing and payment for all work completed at that point will be due.
In the event of the client canceling a project after the reservation fee has been paid, the reservation fee will be forfeited in lieu of compensation to me. This is to cover administration costs, loss of opportunity to work with another client during the reserved time, design/research time and resources purchased and allocated.
If for example, the project is more than 50% completed (this is determined by calendar days into the project from the first in-project meeting) a payment of 50% of the project fee will be charged and 100% of any additional expenses must be reimbursed.
All text you provided is yours to copy and save. I retain the right to use anything I created in my portfolio.
If I cancel a project, the deposit will be refunded in full to the client in a timely manner.
ABANDONMENT
Should you abandon the project, meaning that there has been no actionable contact from you for 30 consecutive days, I reserve the right to close the project and all funds paid to date are non-refundable.
FORCE MAJEURE
I shall not be deemed in breach of this contract if I’m unable to complete the services or any portion of the services because of a fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of me or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond my control (collectively, “Force Majeure Event”).
If possible, upon the occurrence of any Force Majeure Event, I’ll give you notice of my inability to perform or of any delay in completing the services. At that point, I will propose revisions to the schedule for the completion of the services.
ACKNOWLEDGEMENT
Client acknowledges that he/she has read this Agreement and has been afforded the opportunity to discuss and review this Agreement with attorneys of his/her choice and that copies of the Agreement were provided to him/her prior to execution of this Agreement.
APPLICABLE LAW; VENUE
This Agreement shall be governed by and construed according to the laws of the State of KANSAS and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in WYNADOTTE COUNTY, KANSAS, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts.
MEDIATION AND ARBITRATION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in the following location: Kansas City, Kansas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in the following location: Kansas City, Kansas under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
FEES AND COSTS
In the event of legal action arising out of this Agreement, the prevailing party in such legal action or proceeding shall be entitled to an award of costs and reasonable attorney fees in addition to any other relief awarded.
CONTACT INFORMATION
Service Provider
Karissa Skirmont
816-396-5533
3118 W 42nd Ave
Kansas City, KS 66103
The dotted line
By signing this Agreement, I indicate that I understand, agree to and accept the terms and conditions as contained herein.
