SUMMARY

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few things in writing so that we both know what is what, who should do what, and what happens if anything goes awry. You won’t find complicated legal terms or large passages of unreadable text within our contracts; we have no desire to trick you into signing something you might regret later. We do, however, want what’s best for the safety of both parties, now and in the future.

THE BASICS

You are hiring us (WebSmith International, LLC), addressed at 1102 C St, Anchorage, AK 99501, to provide/supply services/products for the estimated total price outlined in the pertaining estimate/contract. Of course, there’s much more to it than this, but we will cover that shortly.

WHAT DO WE AGREE TO DO?

As our client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything we need to complete the project, including text, images, and other information/resources as and when we need it in the format we specify. You agree to review our work and provide feedback and approval (written or verbal) promptly. Deadlines work two ways, and you are also bound by any dates we set together. You also agree to adhere to the payment schedule assigned by this document or as described within our contract. 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 within our contract. Still, we cannot be responsible for failing to meet any of them if you have been late in providing materials/feedback/approval for our work at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.

PROJECT ELEMENTS

DESIGN – We will create mockups for your project’s look and feel, layout, and functionality. Unless otherwise stated, our contract includes up to two versions of the main layout, plus opportunities for you to provide feedback/revisions to each. On approval of a design direction, we will create auxiliary layouts/components that may require your review and approval. If you’re not satisfied with the direction of the project after initial attempts, we will retain the down payment, and you may either cancel this contract or continue to commission us to explore additional design directions. Each additional revision will be billed at a rate of $145 per hour and will add to the total cost agreed upon in our original estimate/contract.

DEVELOPMENT – All of the code we develop, regardless of language (HTML, CSS, PHP, JavaScript, MySQL, JSX, etc.), will be compliant with current W3C Standards and will perform consistently across all current versions of the major browsers (Chrome, Safari, Firefox, MS Edge) and devices (mobile, tablet, desktop). Unless otherwise specified, we will not test for compatibility with previous versions or unsupported/abandoned browsers. If you need to show the same or similar visual design to visitors using outdated browsers, please let us know so we can factor any additional costs into the project’s budget.

WEBSITE CONTENT – We are not responsible for writing/generating or migrating/inputting any website content (text copy, images, videos) unless otherwise stated in the project scope. Any time spent producing or searching for web content will be billed at a rate of $145 an hour. Examples include, but are not limited to, stock photography searches, researching subject matter, and in-house photoshoots.

CHANGES AND REVISIONS

We don’t want to limit your options or opportunities to change your mind. We base all estimates on time required to accomplish all project goals. If you wish to change direction, add extra pages/layouts, or add new functionality, that won’t be a problem. Any additional work will be billed at the rate of $145 per hour.

TECHNICAL SUPPORT & MAINTENANCE

WEBSITES – We will provide full website support for the first 30 days after project completion at no additional cost; ensuring a bug-free environment for you and your users is essential. After this period has expired, our standard maintenance rate is $145 an hour, with a one-hour minimum. However, we offer maintenance subscription services with discounted rates based on the length of the contract. We are happy to provide more details about this type of service, per your request.

HOSTING – If you already have a hosting solution (professional provider or in-house hosting for the ambitious), we can provide maintenance and technical support for most hosting/domain providers for $145 an hour. This service includes any additional setup required and assistance with support issues. However, general maintenance and technical support are included if you have a WebSmith domain or hosting account. Any other service we provide for our WebSmith domain/hosting accounts is subject to a billable rate of $145 per hour at our discretion.

THE LEGAL SECTION

We said we wouldn’t fill the contract with legal jargon, but there’s a little in here; this is your forewarning.

We can’t guarantee that all projects we develop will always be error-free. We cannot be liable to you or any third party for damages. These may include (but are not limited to) lost profits, lost savings, or other incidental, consequential, or special damages arising from the operation of or inability to operate anything we have developed, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason is 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 that you own any text, media, trademarks, or other resources provided or that you have permission to use them.

When we receive your final payment, intellectual property rights are automatically assigned as follows:

• You own any media that we create specifically for your project. Upon request, we will give you a copy of all files and advise you to store them safely, as we are not required to keep them nor provide any native source files used in making them.
• You own all the content and media you provide unless it belongs to someone else and they gave you permission for its use.
• We own all of the code we developed and license it to you for use on this project only.

We take pride in our projects and love sharing them with others. It’s vital that we can certify our work through unobtrusive acknowledgments within the project. We reserve the right to have WebSmith International (and contributors at our discretion) credited and linked within the footer of any website we develop. Also, we reserve the right to display and link to your completed project from our portfolio and to write about the project in any public media.

PAYMENTS

FIRST PAYMENT – (50% of the project budget) – Due at the beginning of the project. No work will begin until the initial payment has been received. This installment is non-refundable and guarantees your company will receive work from WebSmith International. 

FINAL PAYMENT – (Remainder of project balance) – Due after the project scope is substantially complete. Projects only requiring content or elements that are not the responsibility of WebSmith will be considered complete, and the remaining project balance will be due.

OTHER PAYMENTS – Any additional work required that is out of the project’s scope will be billed weekly at $105 an hour and is subject to the terms outlined in this document.

LATE PAYMENTS – (30 days past due) – Initial $150 fee plus a recurring monthly fee of 5% of the total project balance until payment has been made in full.

Not all projects will fit this model for billing and payment. Any adjustments to our standard billing schedule can be made to accommodate them. Prior to the project launch, all parties will be made aware of their responsibilities as they pertain to the payment and billing cycle.

AND LAST BUT NOT LEAST, THE FINE PRINT!

You cannot transfer our contracts to anyone else without our permission. Our agreement stays in place and does not require renewal. If for some reason, one part of our contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious, and all WebSmith contracts are legal documents under the exclusive jurisdiction of the United States courts.