Web Design, Digital Marketing & Support Terms of Service & Contract Agreement
Between us, Larry G. Maguire and you, [customer name]
We are serious and sincere about our work and commitment to you, that’s why we give the level of detail we do up front. Services are not products and we like to stress that it is vital you understand all parts of our offer. We’ll always do our 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 misleading text. We’ve no desire to hide conditions under legal jargon or coerce you into signing something that you might later regret. What we want is to create a mutually beneficial arrangement that serves both parties equally, now and in the future. SO PLEASE READ ALL OF THIS INFORMATION in it’s entirety and revert with questions.
OK, so in short;
You ([customer name]), located at [customer address] are hiring us (Larry G. Maguire) located at 42 Conor Clune Road, Navan Road, Ashtown, Dublin 7, Ireland to provide [services] for the estimated total price of [total inc VAT] as outlined in our previous email correspondence. Of course it’s a little more complicated, so let’s get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it including images, text and video where applicable. If you do not have the resources to produce and provide the content required for your website we can do that for you at an additional cost. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work both ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the project quotation and at the end of this contract.
Us: Me and my small team of skilled professionals have the experience and ability to deliver everything we’ve agreed with you in a timely manner and we endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us. We will deliver everything we have agreed for the price quoted and usually with some extras, because we like to make you happy 😉 . If you need something not in the quotation then please ask that we clarify rather than assume it’s included, as it’s likely not.
The Nitty Gritty
Before commencing work on your project we require three things; your acceptance of our quotation by return confirmation email outlining any questions you may have which we will endeavor to answer to the best of our ability, your deposit and co-signed terms of service agreement (this document). In doing so you accept our proposal/quotation in full including the three fundamental elements;
- Technical Details
- Payment Terms
We strongly encourage you to read all documents we send you relating to your project quotation and ask as many questions as necessary so to be clear about the offer. When you co-sign this document you are stating that you understand and agree to the offer in full.
We cannot over emphasise the vital importance you understand our offer in full. You are spending your hard earned cash with us and we want you to receive the greatest value possible so it’s essential we are on the same page as much as possible. After you accept you are agreeing to pay in full for the service details as per the quotation & terms unless that is we for some reason fail to deliver on our commitment to you as per the same terms.
You agree to these terms of service in the event you made a purchase directly via larrygmaguire.com online store.
The Digital Marketing services we provide are designed to do one thing; find you new leads. After that it’s up to you to convert them. Converting them into sales is something out of our control and as such we don’t make any guarantees there. What we will do is offer you a systematic, tried and tested approach of content creation and analysis based on who your customer is, where they are, what they desire, what makes them buy, how much they are worth to you on an ongoing basis and how many of these clients you want to secure in any given month.
We would ask that you be completely open to the advice we offer and that it is a good idea to leave aside whatever system you have been using in order that we can start from the right place, using marketing strategies we have heavily researched and have seen work well to date.
The systems we build may include any one or a combination of email marketing, social media marketing, content marketing, tools, tactics, strategies and analytics specifically designed to yields results. Note that this process takes time to develop and refine and results are rarely seen immediately.
Small budgets are generally unlikely to allow you build out an effective system of lead generation in the short term, so please be sure you have the patients and ongoing budget to make it happen.
We also provide training so we can show you or your staff the ropes on a one off or ongoing basis if you require it. Just ask and we can provide a cost for marketing training.
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.) We call that ‘design atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our work with you on Google Drive and have regular, possibly daily contact. If, at any stage, you’re not happy with the direction our work is taking and you wish to cancel our arrangement then you reserve that right, however you agree to pay us in full for everything we’ve produced up to that point and cancel this contract.
Other design elements can be provided such as logo design, letterhead, business cards, graphic design, posters, flyers and other branding elements on request. Printing services can also be provided, however you will need to specifically request these services as they are not provided by default.
We’re not responsible for writing or inputting any text copy, unless otherwise agreed. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. SEO and Keyword research will not form part of any copywriting service by default and should be requested separately.
If you agree to hire us for SEO services then we will incorporate that with any copywriting being provided. We do not provide proof reading by default so you should ensure any copy you provide has been proof read and optimised where necessary for lead generation. Copy proof reading can be provided on request at an additional cost.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format and add to our shared Google Drive folder. If you choose to buy stock photographs, we can suggest stock libraries.
You should note that taking photos from Google search is a risky business and should be avoided or risk copyright infringement. If you’d like us to search for photographs for you, we can provide a separate estimate for that. We can provide this service in full at additional cost.
All our websites include free and premium themes and plugin functionality as per your quotation. If you wish to have access to the WordPress CMS admin area we can arrange that by giving you a unique username and password.
If you have admin access, we strongly suggest that you refrain from adding any functionality to your website without first running the changes by us. Often, poorly constructed free and paid plugins can break your website and we unfortunately will not repair your site FOC in such cases.
WordPress is awesome but it’s open source and if you are unfamiliar with what WP providers are good and what ones are to be avoided then you can get into trouble.
WordPress training is provided as part of every web development package we provide. Ongoing support is available as per your quotation.
We test your new site in Internet Explorer, Chrome, Safari and Opera. 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 and so it is likely you will notice differences in how your website appears in different browsers.
It may be the case that we can not control or correct subtle or even dramatic display differences in the various browsers. However 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), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for older versions of Internet Explorer and 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, Google Chrome Android 4.x: Google Chrome and Firefox
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that. All our WordPress themes have integrated responsive design and do not employ a separate mobile site for displaying on smaller screens.
Search Engine Optimisation
As part of our basic web development package, we do not provide SEO by default, however we do provide SEO functionality which allows the optimisation of pages and posts on your site. We do provide SEO as an add-on at two levels – Basic and Advanced. If you have not specifically requested this then please ask us for more information.
In any SEO package cannot guarantee significant improvement to your search engine ranking in the short or even medium term, nor can we promise to get a site higher up or to the ‘top of Google’. Given that every industry and every niche within every industry is different, we need to be engaged with you for a minimum period of three months to gather enough data, test and verify what will work for your niche and what will not. Notwithstanding this, we do generally see an improvement in search rankings for those local service businesses we work with in the short term.
We’re not a website hosting company however we do offer this service and associated ongoing support through reseller agreements with our hosting partners at an addition cost at three levels – Basic, Advanced & Premium as per your quotation. When we host for you we offer support for website hosting, email and 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 all of that.
Do not take it for granted that support is included if the quotation does not specifically show it. You may be seeking a low budget solution and low budget is low budget for a reason. Please ensure your quotation includes a cost for ongoing support. You know we love you, we love all our clients, but we will not take responsibility or bare any cost for loss on your part if you misunderstand the offer. All three Web Design packages on larrygmaguire.com include support as shown.
Changes & Revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind so the price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible.
If you want to change your mind or add anything new, that won’t be a problem, just let us know via email what you need but keep in mind there will likely be an associated cost for which we’ll provide a separate quotation to you for. Final payment on receipt by you of the finished project is not subject to changes and revisions (see below on payments).
We work hard to ensure we deliver the best end result possible, however we can’t guarantee that our work will be 100% free of errors all the time. Whatever corrections are discovered we will endeavor to correct these as soon as soon as possible even after handover. In addition it should be noted that we will not be held liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages as a direct or indirect result of errors, even if you’ve advised us of them.
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.
You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you’ve permission to use them from the legal owners.
When your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
When you want a newspaper you pay the shopkeeper, you walk out with the newspaper. We’re not a physical store but we operate the same way. You pay us for our skills and time, we give you the service. This is how we work and it’s non negotiable.
We’re sure you understand how important it is for a small business like ours to continue to deliver our services to the best of our ability. Therefore we require that you pay the invoices that we send you promptly. We’re also sure you want to maintain a mutually respectful relationship on an ongoing basis, as we do. So as part of this contract you agree to stick tightly to the following payment schedule.
50% up front with your order. 50% on our submission to you of the project. Minor revisions & modifications will be honored up to 7 days from delivery of your project and payment will not be subject to these modifications. Additional costs over and above original quote will be advised where applicable in advance of changes being made.
All invoices are payable on receipt unless otherwise agreed. For clarity that means the day you receive it, or latest the following day. After payment hits our bank we start work.
Where payment is not received for any reason, after 14 days we will withdraw our services until payment is received. After 30 days our work and services will be withdrawn completely, any content we’ve created taken down and hosting accounts closed. This is permanent and content will be irretrievable.
This might sound very harsh, but you know what? We’ve learned the hard way that this policy is required for us to protect our business and and work we provide our existing clients.
Where’s all the horrible small print?
There isn’t any, everything is straight up. But just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need 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 that both parties are serious and sincere in their engagement. This contract is a legally binding document under exclusive jurisdiction of Irish & European courts.
The Dotted Line
By signing this document both parties agree to deliver on commitments as per the project quotation price, technical details, payment terms and above contract agreement. If you are unsure of any element please get clarity before signing.
I the undersigned agree to the full terms of the above contract and project quotation. Now let’s get cracking!
Signed by and on behalf of Larry G. Maguire__________________________
Signed by and on behalf of [customer name]__________________________
Everyone signing above should keep a copy for their records.