HomerunDesign contract policy

Upon accepting the quote, every client, whose project was quoted for $199 or more will be required to agree to a simple contract (see sample below). It is not my intention to tie you, or myself into 10 pages of a small print legal footnotes, but a basic understanding about rights and responsibilities of both parties are essential for every project. No signature is necessary, you can simply replay to the email I send you, with a subject line "I Agree". Should there be any parts you wish to change, please let me know. Although I believe that the contract I propose is very beneficial to both parties, I am always open to a compromise, if needed. Should you wish to incorporate additional parts into the contract, please let me review them before agreeing to contract presented to you by HomerunDesign.

HomerunDesign sample contract

Date:
Between HomerunDesign.com (Pavol Almasi, owner)
and you [customer name]

Summary:
I, Pavol Almasi a.k.a. HomerunDesign 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.

In short
You ([customer name]) are hiring HomerunDesign located at 523 Susquehanna St, Forest City, PA, 18421, USA to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence.

What do both parties agree to do?
As a client of HomerunDesign, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide everything that is needed to complete the project including text, images and other information, unless agreed otherwise. You agree to review submitted work, provide feedback and sign-off approval in a timely manner too. 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 this contract.

HomerunDesign has the experience and ability to perform the services you need and will carry them out in a professional and timely manner. Along the way HomerunDesign will endeavor to meet all the deadlines set but 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 submitted work on-time at any stage. On top of this HomerunDesign will also maintain the confidentiality of any information that you provide

Design
HomerunDesign will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two (2) rounds of revisions. If you're not happy with the designs at this stage, you you may either cancel this contract or continue to commission HomerunDesign to make further design revisions at the rate of $125 per revision. Should you decide to cancel the project after the second revision, you may do so without being penalized and any deposit paid to HomerunDesign will be refunded within 14 days after cancellation.

XHTML, CSS, Code, layout, templates etc.
If the project includes XHTML or HTML markup and CSS templates, HomerunDesign will develop these using valid XHTML 1.0 Transitional markup and CSS2.1 + 3 for styling. HomerunDesign will test all the markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google and Opera. HomerunDesign will also perform a limited testing for Internet Explorer 6.0 to ensure that pages will display, however, HomerunDesign does not guarantee a full funcionality for Microsoft Internet Explorer 6 for Windows as this browser is now way past it's sell-by date (IE 6 was released in 2001).

HomerunDesign will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, HomerunDesign will charge you a flat fee of $100 per browser for any necessary additional code and its testing.

Text content
HomerunDesign is not responsible for writing or inputting any text copy unless it is requested by you and is specified in the original estimate. HomerunDesign will be happy to help though, however you will be charged $30 per hour for copy writing, unless agreed otherwise.

Photographs
You will supply all photographs either in digital or printed format. If you choose to buy stock photographs HomerunDesign can suggest vendors of stock photography. However, any time HomerunDesign spends searching for appropriate photographs you will be charged $30 per hour, unless agreed otherwise.

Changes and revisions
HomerunDesign does not want to limit either your options or your opportunities to change your mind.

If you do want to change your mind after 4 revisions have been made, or after you approved the design, and want to add extra pages or templates or even add new functionality, that won't be a problem. However, the price will need to be re-negotiated prior to starting any work. Should you desire to cancel the project at this stage, you may do so, however any deposited money will NOT be refunded and you will be required to pay for all work that has been performed.

Technical support
You may already have professional web site hosting, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, HomerunDesign can set up an account for you at one of preferred, third-party hosting providers. This service is free of charge. However, you will be charged a $25 one-time fee for installing any software, such as statistics software or scripts that are not part of the web site's functionality.

HomerunDesign is not a web site hosting company and therefore does not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, HomerunDesign will be happy to help and will charge you $30 per hour.

Legal stuff
If you provide your own, or purchased template HomerunDesign can't guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages. However, HomerunDesign 100% guarantees functionality of its own design and code, as well as third party design and code HomerunDesign implements into your web site.

If any provision of this agreement shall be 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 that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.

When HomerunDesign receives your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that HomerunDesign creates for you for this project. You will also own any code that HomerunDesign coded, however the ownership and use of such code is limited only to you and you are not allowed to sell it, lend it or distribute it. HomerunDesign guarantees, that you have a right to use any third party code, artwork or designs HomerunDesign implemented into your web site. However these are bound by a licence agreement and you may not own it but only be the rightful licensee. HomerunDesign will inform you about all third party material implemented into your web site.

HomerunDesign will give you a copy of all files, including all layered files used in cration of your web site. You should store them really safely as HomerunDesign is not required to keep them.

HomerunDesign reserves the right to display and link to your completed project as part of a portfolio and to write about the project on web sites, in magazine articles and in books about web design, unless agreed otherwise prior beginning of the project.

Payments
You surely understand how important it is that you pay the invoices sent to you promptly and as agreed.

Misc.
You cannot transfer this contract to anyone else without HomerunDesign 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 serious and this contract is a legal document under exclusive jurisdiction of United States courts.

Signed by and on behalf of HomerunDesign
Signed by and on behalf of [customer name]
Date [date]