Legal agreement (ver 1.1)

between Giorgio Riccardi

and




Summary

I'll always do my best to fulfil your needs and meet your expectations, 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've no 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.


In short:

You ([customer-name]), located at [customer-address] ("You") are hiring me (Giorgio Riccardi) ("Me") to:

• Develop and/or Design and/or Update one or more of your website/s

For a rate of $90 an hour, for regular office hours Monday-Friday, 9:00-17:00.

Weekends, Statutory Holidays and after 18:00, hours are billed at a rate of $120 an hour.

All rates are quoted in CAD$. Bills are in 30 minutes increment.

Of course it's a little more complicated, but I'll get to that.


What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You'll give me the assets and information I tell you I need to complete the project. You will provide me with the assets and review the work I present to you in accordance with the timelines we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Me: I have the experience and ability to do everything I've agreed with you and I'll do it all in a professional and timely manner. I'll endeavour to meet every deadline that's set and on top of that I'll maintain the confidentiality of everything you give me.


Getting down to it

Development

I develop look-and-feel websites, and flexible layouts that adapt to the capabilities of many devices and screen sizes.
You'll have plenty of opportunities to review my work and provide feedback. I'll either share a Dropbox, Google Drive folder or Github repository or development site with you and I'll have regular, possibly weekly or monthly contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you'll pay me in full for the time I've spent working with you until that point and terminate this contract.


Text content

Unless agreed separately, I am not responsible for inputting text or images into your content management system or creating every page on your website. I provide professional copywriting and editing services, so if you'd like me to create new content or input content for you, I can provide a separate estimate for that.


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 can provide a separate estimate for that.


HTML5, CSS3 and JavaScript

I deliver web page types developed from PHP and/or HTML5 markup, CSS3 stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours.


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.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I'll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. I won't test in other older browsers unless we agreed separately. 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 your website in:

iOS 9: Safari, Google Chrome

Android: Google Chrome on Android Emulator

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.


Technical support

I am not a website hosting company but I do offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don't, I can set up an account for you at one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, fees and management of that server will be up to you.


Search engine optimization (SEO)

I don't guarantee improvements to your website's search engine ranking, but the web pages that I develop are accessible to search engines. For good SEO results, content is the king and writing successful content will be up to you.


Changes and revisions

I don't want to limit your ability to change your mind. The hourly price at the beginning of this contract is based on the number of hours/days/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 hours/days/weeks.


Legal stuff

I'll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, 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.

Your liability to me will also be limited to the amount of fees payable under this contract and you won't be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I've advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.


Intellectual property rights

Just to be clear, "Intellectual property rights" means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you've permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I am using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I've obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you're using their intellectual property. Provided you've paid for the work and that this contract hasn't been terminated, I'll assign all intellectual property rights to you as follows:

You'll own the website I develop for you plus the visual elements that I eventually create for it. I'll give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I'll own any intellectual property rights I've developed prior to, or developed separately from this project and not paid for by you. 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.


Displaying my work

I love to show off my work, so I reserve the right to display all aspects of my development work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.


Payment schedule

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I am also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.

I issue invoices electronically. My payment terms are 30 days from the date of invoice by e-Transfer, IBAN or the BIC/SWIFT international payments system. All proposals are quoted in CAD$ and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be also printed on my electronic invoice.

I reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.

If you are a bank the interest on all overdue debts is 24.99% per month or part of a month.

* Bank account details will be also on the Agreement summary you'll receive via email


But where's all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other's permission.
We both agree that we'll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and needs 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 Canada court of law.



Signed by [Giorgio Riccardi]


Signed by and on behalf of [customer-name]


* I accept the terms & conditions of this agreement

prove that you are human, if you can



Updated to (ver 1.1) on September 10, 2016,