I will always do my best to fulfill 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 stuff goes wrong. In this contract, you won't find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties, now and in the future. I work under retainer contracts with monthly invoicing to provide some consistency for both parties.
WHAT DO BOTH PARTIES AGREE TO DO?
As my client, you have the power and ability to enter into this contract on behalf of yourself, your company or organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to initiate timely follow-ups to guarantee the project is on track to be completed by the deadline. You agree to review my work, provide feedback and sign-off approval in a timely manner. 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 these terms.
I get it. Life happens. There are slow periods in business. However, you agree that you understand you are under a retainer that is invoiced monthly. You remain my client during this period and agree to pay invoices promptly when they are due, even during slow periods.
I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. Along the way, I will endeavor to meet all the deadlines set but I 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 on work on-time at any stage. On top of this, I will also maintain the confidentiality of any information that you give me.
GETTING DOWN TO THE NITTY GRITTY
I create designs iteratively and use predominantly Adobe Suite. This agreement includes 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 an hourly rate of $30/hr.
All source imagery and information must be provided for applicable designs. For example, you must provide all source imagery, product information, etc. for a wholesale catalog. Any "treasure hunting" may accrue additional charges.
Websites will be designed on a platform of your choice: Squarespace, Wordpress, or Shopify. This agreement states that any hosting, domain, plug-in, and application fees are the client's responsibility. This agreement includes overall design as outlined in the proposal plus two opportunities to make changes up to two months after completion. Any revisions after this time frame will be completed at an hourly rate of $80/hr.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimated/quoted prices we've discussed are based on the time that we estimate we’ll need to accomplish everything that you have told us 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. Such requests made after you've been provided an estimate will be considered out of scope, though, so you will be charged an hourly rate of $65/hr to incorporate these requests or we can discuss a separate project estimate.
PROJECTED TIME FRAME
I will work hard to complete all projects in a timely manner (and I'll provide you a time frame in your estimate, as well). 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 our 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. It is your responsibility to provide all requested information in a timely manner. It is your responsibility to initiate timely follow-ups to guarantee tasks are being completed and the project timeline is followed to complete your project in a timely manner. With timely reviews, feedback and sign-off approval, I'll be able to meet our estimated time frame. Deadlines work two ways and provided that both sides are able to meet mutually agreed upon deadlines, the project will be launched in the stated time frame.
If any requests I make are not met or any assets that I request are not provided within 15 days of the date initially requested, all monies are forfeited to Leanne Flowers and the project will be canceled without notice.
Any projects exceeding 10 weeks due to a delayed response, asset acquisition, and/or incorrect asset formatting may be charged a $250 excess fee.
Any projects requesting a rush may incur additional charges.
Leanne & Co. provides e-commerce packages or solutions, stand-alone e-commerce services, and optional add-on e-commerce services. These services include but are not limited to, shopping cart functionality, e-commerce integration, storefront or e-commerce website design, support, inventory and product tracking and management, and website analytical tools. Leanne & Co. reserves the right to amend it's Effective E-Commerce services and packages and to add, delete, suspend or modify the terms and conditions of the Effective E-Commerce packages, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
Leanne & Co. provides social media management packages. These packages include management of Facebook, Twitter, Pinterest, and Instagram. Post scheduling, content, and frequency are outlined in the agreed upon and signed proposal.
By signing this agreement, you allow Leanne Flowers to use any designs in her professional portfolio as well as on her website.
Leanne & Co. does not provide copywriting services. It is the client's responsibility to provide the necessary written material required to complete your project. Leanne & Co. is not responsible for any grammar, spelling, or language errors in provided material. If you need help sourcing a copywriter, let me know.
Leanne & Co. provides CRM set up via Dubsado and 17Hats. Leanne & Co. is not responsible for any lost data, billing errors, and contract composition and viability.
We may be friends, and we may even be friends on Facebook, but for both our mutual benefit (in the forms of organization, and sanity), I require that any requests and communications be made via email to email@example.com or via the Trello board we share. While typical business hours are M-F 10am-4pm, I reserve the right to change this schedule without notice, observe holidays, and personal plans. Communication during this off time is at my discretion.
If for some reason you would like to schedule a chat to iron out any details, I require that you email me prior to a set agenda of questions or problems to be addressed. If your questions can be answered via email, we may simply do so in lieu of our chat. I'll be sure to ask if your questions/concerns have been sufficiently addressed before canceling any verbal correspondence. If I am able to answer your questions but you still would like a phone call, you'll just need to send a revised agenda.
If I'm unable to contact you by email or phone for 15 consecutive days, your project may be canceled and all monies are forfeited.
You agree to provide access to any hosting, domain account, and/or blog account for the sole purpose of installing and updating content 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 magic happen.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to me for inclusion in your designs are either owned by your good self or that you have permission to use them. You agree that you can provide necessary documentation showing proof if requested.
When we 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. All graphics and design work should not be used for any other purpose than what was originally agreed upon. I will give you a copy of all graphics and design files and you should store them in a safe place 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, then you're subject to their copyright agreements.
- By agreeing to this contract, you state you are able to provide proof of ownership or proof of usage for any licensed or copyright material upon request
- I love to show off my work and share what I have learned with other people, so 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 about web and/or graphic design.
GOVERNING LAW CLAUSE
This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in Gaston County. CLIENT waives any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.
Neither party shall be liable for failure to perform their part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
I am sure you understand how important it is for a small business that you pay the invoices I send you promptly. As I’m also sure you'll want to stay friends, you agree to stick tight to the payment schedule outlined.
I accept credit cards, debit cards, and e-check payments through Stripe or Paypal.
The client's inability to pay due to lack of work, feeling burned out, taking a break, etc. is not my responsibility. The client agrees they are to pay outstanding invoices no matter their on-going situation.
In order to begin a project costing more than $500, 50% of your estimated project rate is due before the project start date. The remaining 50% of your project balance is due prior to hand off. You will not receive graphics files, nor will your site be installed until this final balance is received. You are welcome to pay the full cost up front.
Any projects less than $400 must be paid in full prior to the agreed upon start date.
Projects commissioned on an hourly basis are invoiced upon completion and must be paid in full within 14 days. I reserve the right to hold all work requests until payment is received on invoices totaling $100 and above.
This is a retainer service so your payments will be due each month until the contract is full-filled
If we have otherwise agreed upon another payment schedule or arrangement, you may refer to it. In all cases, services require a deposit prior to the beginning of our project. If any payment is more than 30 days late, I reserve the right to refer your debt to a collection agency. Let's just be cool and make sure to pay on time, yeah?
Because my services are digital and/or creative, I cannot and will not provide refunds for any reason. By using and/or purchasing any of my Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
You have the right to cancel our contract at any time, and I retain that right, too. If you choose to cancel your project prior to project completion, your deposit will not be refunded. If you choose to cancel your project 14 days or more prior to your project's starting date, you may reschedule your project or I will retain your deposit until you're ready to get started, but it will not be refunded to you. If you choose to cancel less than 14 days prior to or after the starting date of your project, you will lose your deposit in full and can reschedule with another deposit. If I choose to cancel our contract, I will not issue any refund. Cancellation during a retainer period can be granted once any remaining invoices are paid and debt cleared. Cancellations during a retainer period need to be received within 7 days of an invoice. Failure to provide a cancellation request in a timely manner will result in an invoice due.
BUT WHERE IS ALL THE HORRIBLE SMALL PRINT?
I can’t guarantee that our 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 us 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.
Just like a parking ticket, you cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for any 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 Gaston County courts. Oh and don't forget those men with big dogs.