Frukte

Add’l Terms

For the Contract between Us (Frutke) and You

Summary

No one enjoys long passages of unreadable text or contracts loaded with complicated legal terms. That’s why we’ve distilled your Contract into just the gooey nougat; the stuff you really need to know. We’ve moved the more mundane, standard details to this document to keep things tidy. By signing the Contract we sent to you, you are agreeing to be bound by these Additional Terms, so please take a few moments to read them. We have no desire to trick you into signing something that you might later regret. We want what’s best for the safety of both parties, now and in the future. ↑

What do both parties agree to do?

As our customer, you have the power and ability to enter into the Contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to provide the services you’ve requested, including usernames, passwords and other information when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set together. You agree to stick to the payment schedule set out near the end of these Additional Terms. ↑

Gentlemen, we can rebuild him. We have the technology.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed target date or a deadline if you have been late in supplying materials, information or have not approved or signed-off our work on-time at any stage. We’ll maintain the confidentiality of any information that you give us. ↑

Initial Construction

Design

During the initial building of your website (assuming you’ve asked us to do that), we’ll create or implement designs for the look-and-feel, layout and functionality of your website. Your Contract includes one main design plus the opportunity for you to make up to two rounds of revisions. We’ll work together to find a design you like, but if you’re still not happy with the design after that point, just let us know. ↑

Hardware & Software

To provide the services you’ve requested, new hardware may need to be purchased. Old hardware may need to be upgraded, reconfigured or used for target practice. We may need to update, upgrade or purchase software applications too. For example, if you want us to build and host a website about trebuchets, it may be helpful to have one to reference. Plus, they’re really cool. But don’t worry; we’re professionals. Before buying anything, we’ll let you know and get your approval. ↑

HTML and CSS layout templates

If the project includes HTML markup and CSS templates, we’ll develop these using PHP 5.5, HTML 4.01, HTML5, CSS2.1 and/or CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 8, this means a typographically focused design, general wailing and potential gnashing of teeth, but no specific layout.

We will not test old or abandoned browsers such as Internet Explorer 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at the hourly rate of $85 per hour for any necessary additional design work, development and testing. ↑

Text content

We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the Statement of Work section of your Contract. We’ll be happy to help though, and we will charge you $85 per hour for copy writing or content input beyond the filler content we provide when we initially build your website. ↑

Photographs

You will supply us photographs in a digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. We can also suggest a whiz-bang photographer too. ↑

Wait. What’s my login?

If we need to create new accounts, email addresses, logins or passwords for you, we’ll provide these to you in a format of our choosing. We think skywriting is cool, but sadly it’s not terribly secure. ↑

Housekeeping (Yes, we do Windows)

Ongoing support

Once we’ve completed the items listed in the Statement of Work section of your Contract, please take a moment to look around you. Your nearest usable exit may be behind you. In the event of a loss of cabin pressure, additional updates, troubleshooting, support or additional services can be arranged. Let us know and we’ll negotiate a rate, setup a budget cap (if needed) and sign a new Contract. ↑

Changes and revisions

We don’t want to limit either your options or your opportunities to change your mind. The cost listed at the beginning of your Contract is based on the number of hours that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do change your mind, add extra tasks or even add new functionality, that won’t be a problem.

Any additional services that we suspect may exceed the budget cap you’ve communicated can be arranged. We’ll negotiate a rate, setup a budget cap (if needed) and sign a new Contract. ↑

As with your Contract, if any provision of this agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. ↑

Copyrights

You guarantee to us that any elements of code, text, graphics, photos, designs, trademarks, artwork, logins, usernames, passwords or other data that is already on your website or that you provide to us are either owned by your good selves, or that you have permission to use them.

You will continue to own the text content, photographs and other data, as well as the part of your website that already exists, and the code that now makes it run. But we will own any new code that we may generate for this project. We license it to you for your personal use, but only for use on the website for which we generated it (i.e. yours).

Of course we’ll give you a copy of all files, logins, usernames and passwords we created for you specifically. You should store them safely as we are not required to keep them or provide any native source files or information we used to create them.

We love to show off our work and share what we have learned with other people, so we reserve the right to refer to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about how to do awesome stuff. Hooray! More publicity for you! ↑

Payments

We are a small business. We are sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

For most projects, an invoice will be sent to you once a month or within a week or two of the completion of the items mentioned in the Statement of Work section of your Contract. For very large projects, such as those that may span multiple invoicing periods, an invoice will be sent to you for work done toward completing the items mentioned in the Statement of Work section of your Contract.

Any purchases made by us for you, such as new hardware or software, will be included on your invoice for the cost we paid (including any taxes or small discounts we receive for being “special friends of Rick”).

All invoices are due 30 days from the date printed on the Invoice. Unpaid, overdue Invoices are subject to an additional, monthly charge of 15% of the total amount due. Payments received will be credited towards the oldest overdue Invoice first. After an Invoice remains unpaid for 60 days, services we provide for you may be discontinued. In the event of a default in payment, you agree to pay reasonable attorney fees. ↑

Done? Yep. That’s it.

As always, please don’t hesitate to contact us if any of this sounds odd, weird or just doesn’t make any sense. While we don’t anticipate any significant changes will need to be made to these Additional Terms, we constantly strive to make things simpler and easier to understand. Therefore, this document as edited is applicable to all future and former Contracts that reference these Additional Terms. It was first published on 30 July 2015 at http://frutke.com/addl-terms/ and last edited on 31 August 2015. ↑

 

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Special thanks to Andy Clarke, of Stuff and Nonsense, for sharing a contract template at http://24ways.org/2008/contract-killer where it is published under a Creative Commons Attribution Share-a-like license. ↑