We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.
Writing or inputting any text copy is not included in this contract. If you’d like us to write new content or input text for you, we’re happy to provide a separate estimate for that.
You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. If you’d like us to search for photographs for you, we can provide a separate estimate for that. We also have an in-house photographer available for personalized photos. Cost of buying stock photographs or a photoshoot is not included in this contract.
We'll setup, install and configure WordPress on your hosting server as described in the scope of work section. WordPress is a third-party tool and therefore we can't be responsible for any bugs associated with WordPress or it's plugins. If any bugs are found during the development phase or 30 days after launch we'll fix it (if possible) or update Wordpress or the faulty plugin if it's available, but after the 30 days we'll charge at our hourly rate of $100.
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
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for Internet Explorer 7 and below for Windows but we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing popular small-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. We test our work in:
• iOS: Safari
• Android 4.1: Google Chrome, Firefox
• Android 3.2: Browser, Firefox
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We’re not a website hosting company so we don’t 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, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. After that, any updates to, and management of that server will be up to you.
Terms and Conditions
THIS WEBSITE DESIGN CONTRACT (hereinafter referred to as the "Agreement"), is made on today's date by and between Packet Pi, LLC (hereinafter referred to as the "Designer"), and the client. (hereinafter referred to as the "Client"). WHEREAS, Client is engaging Packet Pi, LLC as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "Web Design Project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter referred to as "Hosting Service"; WHEREAS, Designer works as a contractor for clients and designs websites for use on the Internet; WHEREAS, Client desires to engage the services of Designer for the purposes of designing the Website for the Client; and, subject to the terms and conditions contained herein, Designer desires to accept said engagement; Client hereby authorizes Packet Pi, LLC to access Client's Hosting Service, and authorizes the Hosting Service to provide Packet Pi, LLC with full access to the client's Hosting Service account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. Client also authorizes Packet Pi, LLC to submit the completed Web Design Project to major Web Search Engines for search engine optimization ("SEO").
NOW, THEREFORE, in consideration of the mutual promises, covenants and other good and valuable consideration hereinafter set forth, the parties hereto agree as follows:
a. Included Services. Designer agrees to provide the website design services (the "Services") set forth in the Statement of Work, attached hereto as Exhibit "A", and incorporated herein (the "SOW"), subject to the terms and conditions set forth in the SOW.
b. Excluded Services. Designer's Services hereunder shall be limited to the services specified in the SOW, and shall expressly exclude any services not expressly specified in the SOW (each an "Excluded Service"). In the event Client desires to engage Designer to provide any Excluded Service, a change order detailing such engagement shall be executed between the parties.
FEES AND COSTS
In consideration for the Services performed by Designer hereunder, Client agrees to pay Designer the fees and costs set forth in the SOW (collectively the "Fees and Costs"), upon the schedule set forth in the SOW. The Fees and Costs represent the total fees, costs and charges for the Services and will not be increased during the Term of this Agreement except pursuant to a mutually agreed upon change order.
Designer owns copyright to the finished, and all prior and subsequent renditions, of the Web Design Product. Client will be assigned rights to use the Web Design Project as a website, in perpetuity, once final payment under this Agreement and any additional charges incurred have been paid. Rights to photos, graphics, and source code, work-up files and computer programs are specifically transferred to the Client.
Designer retains the right to display graphics and other web design elements as examples of its work in its portfolios. All web design projects will contain a copyright/legal page with a link to website. The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Designer for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
RELATIONSHIP OF THE PARTIES
Designer agrees that: (i) the Services will be rendered by Designer as an independent contractor; (ii) this Agreement does not create an employer-employee relationship between the parties; (iii) Designer shall have no right to receive any employee benefits, including, but not limited to, health insurance, life insurance, sick leave and/or vacation; and (iv) Designer shall pay all taxes including, self-employment taxes due in respect of the Fees and Costs;
REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
a. Client represents and warrants to Designer that: (i) Client has the full power and authority to enter into this Agreement; and (ii) Client is under no restrictions or obligations, contractual or otherwise, that are inconsistent with the execution of this Agreement or will interfere with Client's performance of any of Client's obligations hereunder.
b. Designer represents and warrants to Client that: (i) Designer has the full power and authority to enter into this Agreement; and (ii) Website will function in conjunction with most properly configured web and mobile browsers including, but not limited to, Internet Explorer, Safari, Chrome and Firefox c. Client hereby indemnifies and holds Designer harmless from any and all damages, claims, liabilities, and costs (including reasonable attorney's fees), or losses of any kind or nature whatsoever which may in any way arise from the services performed by Designer under this Agreement or any breach or alleged breach of this Agreement. Designer will cooperate with Client to provide reasonable assistance in defending against any such claim.
DISCLAIMER AND LIMITATION OF LIABILITY
a. Client expressly agrees that the Services are provided at Client's sole risk. The Services are provided on an "as is" and "as available" basis. Designer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Designer makes no warranty that the Services will meet Client's requirements, or that the Services will be uninterrupted or error free. Client understands and agrees that all Services are performed at Client's own discretion and risk and that Client will be solely responsible for any damages or losses that results from the Services. No advice or information, whether oral or written, obtained by Client from Designer shall create any warranty not expressly made herein.
b. Designer shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Services. Designer shall not be liable for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained in connection with the Services. Client hereby expressly waives any right to direct, indirect, incidental, special or consequential damages for claims disputes and other matters arising out of or relating to this Agreement and/or the Services. Notwithstanding anything to the contrary contained herein, Designer's maximum liability to Client arising hereunder shall be limited to the sums paid by Client to Designer hereunder.
a. Each party hereto shall keep the other party's "Confidential Information", including, but not limited to, business secrets, customer, supplier, logistical, financial, research, technical and development information, as well as all other information which can reasonably be discerned to be confidential, and all information designated as confidential, strictly confidential and shall not disclose such information to any third party without the prior written consent of the confiding party. Notwithstanding the foregoing, the term "Confidential Information" shall not include any information which: (i) can be demonstrated to have been in the public domain or was publicly known or available prior to the date of the information was shared with the other party; (ii) can be demonstrated in writing to have been rightfully in the possession of the other party prior to the sharing of such information; (iii) becomes part of the public domain or publicly known or available by publication or otherwise, not due to any unauthorized act or omission on the part of other party; or (iv) is supplied to the other by a third party without binder of secrecy, so long as such third party has no obligation to the confiding party to maintain such information in confidence. Each party understands that its obligations hereunder with respect to any Confidential Information will terminate only at such time (if any) as said Confidential Information ceases to be confidential as set forth above.
a. No failure by Designer to perform any of its material obligations hereunder shall be deemed a breach hereof, unless the Client has given written notice of such failure to the Designer, and Designer fails to cure such non-performance within (30) days after receipt of such notice. All notices, statements and/or requests for approvals (each a "Notice") that either party hereto is required or may desire to give to the other party shall be given in writing by addressing the same to the other party at the addresses set forth below, or at such other address as may be designated in a Notice to the other party. Notices shall be made by personal delivery, courier, or by certified U.S. mail, return receipt requested, postage prepaid. Notice shall be deemed given on the date of delivery to the other party.
b. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
c. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect.
d. Any and all additions, deletions, or modifications to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void.
e. This Agreement is binding upon and shall inure to the benefit of the respective successors, licensees and/or assigns of the parties hereto. Notwithstanding the foregoing, neither party may assign or transfer its rights or delegate its obligations under this Agreement without the other party's prior written consent, which consent will not be unreasonably withheld.
f. This Agreement shall be governed in accordance with the laws of the State of Indiana. Any lawsuit arising out of this agreement shall be brought in a court located within Washington County, Indiana.