.Template

DELETE THIS LINE & CHANGE ITEMS IN PINK, REMOVE/AMEND ITEMS AS APPLICABLE IN YELLOW

CONTRACT BETWEEN ACEROCKCOLA AND [customer name]

Before we get into anything, there are two words that appear often in this contract, they’re broken down below for clarity just to make sure we’re all on the same page.

 

Definitions:

 

Domains: Domains are used to identify websites – they’re not the actual websites themselves. Your real website address is a collection of numbers but attaching it to a domain (like google.com or acerockcola.com) makes it easier for customers to find your site. Domains are like registration plates on cars – they can be transferred to other vehicles or changed but the site can still operate (just not with the friendly address that the public are used to).

 

Hosting: Websites need to be hosted on a server. Your website sits on this server & whenever someone types in your domain name your website is “served” to them. Basically, to have a live & fully functioning website, you need both a domain name & web hosting.

 

Got it? Let’s start:

1) Summary:

 

acerockcola (“Us” or “We“) will always do the best to fulfil your needs and meet your expectations, but it’s important to have things written down so we both know what’s what, who should do what and when, and what will happen if something goes wrong or can’t be done. In this contract you won’t find any complicated legal terms or long passages of unreadable text. There’s no desire here to trick you into signing something that you might later regret. All that we both want is what’s best for both parties, now and in the future.

2) Services To Be Provided By acerockcola, Associated Costs & Payment Timelines For Initial Website Launch:

 

You ([customer name]), located at [customer address] (“You”) are hiring acerockcola to perform/implement the following services:

  • Design and develop a website to agreed specification
  • Launch of website with customer’s permission on (or before) the date XX/XXXXXX/XXXX
  • Host the website for 12 months at no extra cost to you
  • Purchase of any stock images, video, plugins, themes or additional extensions as required with no extra cost to you
  • Register requested domain name(s) for 12 months at no extra cost to you
  • Import domain name(s)
  • Configure DNS settings/records when the website is ready to go live

 

The items listed above are considered core services. Additionally, the following optional services have also been commissioned:

 

  • Google Apps setup & implementation for X users
  • (Re)Creation of new company logo
  • Photoshoot (including post-production)
  • Videoshoot (including post-production)
  • Social Media setup/3 months of management (Twitter/Facebook/YouTube/Instagram)
  • Social Media integration (Twitter timeline/Facebook newsfeed &/ Facebook photo gallery(ies) &/ Facebook Messenger inclusion/YouTube playlist embedding/Instagram feed syndication)
  • Google My Business setup
  • Google Search Console sitemap & submission
  • MailChimp setup, template creation & production of 3 newsletter campaigns
  • SSL Certificate installation (12 months)

 

Monthly Recurring Costs:

 

  • Custom Google Analytics (sent on the first day of each month)
  • Daily/Weekly/Monthly website snapshot backups (all held indefinitely on Google Drive)
  • Creation & client preview of monthly MailChimp email newsletters (including performance reports sent 10 days after each campaign)

 

Cost Breakdown:

 

Upon Receipt Of This Contract: £XXX.XX (50% of total cost of website & services)

 

After Launch Of Website: £XXX.XX (Remaining 50% balance of website & services)

 

On 1st Of each month (via standing order or PayPal recurring payment agreement): £XXX.XX Monthly payment for the services listed in the above ‘Quarterly Recurring Costs’ section) Please note this agreement is for a 12 month period but can be cancelled or extended after those initial 12 months.

3) Information, Media & Credentials To Be Provided By [customer name] To acerockcola:

 

  • Company logo/corporate brand assets (the higher in quality & size the better)
  • All narrative content that you wish to be included on the site. This ranges from an ‘About Us’ blurb to the description of the services you offer. (acerockcola will provide the terms & conditions page content unless you wish to use your own).
  • Staff headshots (the higher in quality & size the better – also looks better if all headshots are taken from the same angle & in the same location)
  • Photo(s) of your workplace or photos demonstrating your work (the higher in quality & size the better – please check that you have the necessary consent/approval of anyone or any legally protected products that appear in the photos – acerockcola will not take any legal responsibility for issues regarding intellectual property or privacy concerns in any still media)
  • Video(s) of your workplace or photos demonstrating your work (the higher in quality & size the better – please check that you have the necessary consent/approval of anyone or any legally protected products that appear in the photos – acerockcola will not take any legal responsibility for issues regarding intellectual property or privacy concerns in any still media)
  • Access to any social media, brand assets, FTP & web hosting accounts requested & agreed upon during the discussion of creating your website

4) Renewals:

 

Domains:

  • Domain names registered for you on behalf of acerockcola will traditionally expire after a minimum of one year.
  • Domains with extensions (ending in) .co.uk, .net & .com will be charged at £29.99 per year for renewal. Prices for the renewal of other domain extensions such as .me & .scot will be negotiated upon registration.
  • You will be notified 90, 60, 30, 10, 7, 3 & 2 days before your domain expires (in addition to a final reminder & on the day of expiry if the domain still has not been renewed). Please note that if your domain expires, a redemption fee of £80 will be charged to resurrect your domain providing it is possible to renew your domain name at that point in time.
  • You will be given the option to renew your domain for longer than the standard 1 year term (along with a discount) in the reminder email that you will receive when your domain is approaching expiry.

 

Web Hosting:

  • Web hosting is complimentary for the first year with all web design packages.
  • The year of complimentary web hosting begins the day your site starts being developed (including when sites are in a ‘coming soon’ state).
  • Web hosting is charged at £99 per year, with an additional charge of £39 per year if your website includes an e-commerce aspect.
  • You will be notified 30, 7 & 2 days before your web hosting expires (in addition to a final reminder & on the day of expiry if the web hosting package has still not been renewed).
  • If your web hosting lapses then your website will be suspended & display a message saying so. After 30 days passes once your hosting expires, the website will be removed from acerockcola‘s server.

 

The following section explains in greater detail the procedures for other various situations of conflict.

5) Notes, Fees & Penalties:

 

Ideally, the above definitions & breakdown should cover everything but sometimes things happen – the section below will explain what can be expected if needed.

 

Expired Services:

 

  • Failure to renew a domain name after the expiry date will result in a £80 charge per domain name (providing that resurrection & the reinstating of the domain is possible). Please note that occasionally, once expired – some domain names are not salvageable & not in a state of retention where they can be renewed. It is in your interest to instruct acerockcola to renew a domain name before it expires.
  • Failure to renew web hosting after the expiry date will result in suspension & then deletion after 30 days. There will be a £40 charge to reinstate expired web hosting once all outstanding balances are paid.
  • Cessation of payment for the Monthly Recurring Costs mentioned above will result in an immediate halt for any services in use (including backups being taken).

 

Content:

 

  • acerockcola will suspend your website (& in some cases permanently remove) your site from the web server if any of the following are found to be hosted on your site:
    • copyrighted material
    • any scripts, bots or tools used to hack, infect or maliciously damage content stored either on acerockcola‘s server or across the rest of the internet
    • child pornography
    • media that contains extreme acts of violence
  • acerockcola will not suspend or take any action on your website or web hosting for the use of any controversial rhetoric regardless of complaints received.  Silencing free speech is dangerous.
  • Pornography is permitted but needs to be discussed with acerockcola directly first.

 

Spam/Hacked Websites:

 

  • Each new website comes with 12 months of complimentary security maintenance. If your site is hacked or subject to an attack then acerockcola will fix it. If repeated cases of hacking occur however (& it can be faulted to weak passwords set by the user) then an hourly fee to fix the site of £35 per hour will be charged.
  • After your complimentary 12 months of security maintenance have expired, you have the option to purchase a further 12 months of security at a cost of £90 per year. This service will be offered to you with your web hosting renewal by email.
  • If your site is hacked or comprised after 12 months of being live (& there is no security maintenance plan in place) then your site will be suspended & you will be notified so a conclusion can be reached. The hourly rate for fixing hacked websites is £35 an hour. Your site will not be reinstated & made live again until the site is clean & verified as so by Sucrri’s online site scanner.

 

Downtime:

 

  • Occasionally your website may experience downtime (excluding any cause by hacking as mentioned above). Sometimes there are technical issues outwith your control such as global DNS issues & power outages that can cause your site to go down & it’s not fun for anyone involved.
  • acerockcola monitors every website hosted every 60 seconds & should the worse happen you can rest easy knowing that it’s something that’s will have already been brought to our attention with the aim of getting your site back up as soon as possible.

6) Responsive Web Design

 

In a time when the number of web pages viewed on mobile phones outnumbers the number of pages viewed on desktops, it’s vital to have a website that is ‘responsive’ (meaning that the design & content of a site will adapt & rearrange to fit comfortably on mobile phones, tablets, laptops & other handheld devices). All acerockcola websites are responsive for that reason.

 

The section below will explain what can be expected, however, please note: You are never going to get a website that looks great on a desktop, latest iPad & a 2010 Blackberry phone.

 

For this reason acerockcola will test your website & guarantee usability on the most common devices & browsers:

 

Desktop Browsers:

 

  • Google Chrome (including official variants like Canary)
  • Microsoft Edge
  • Mozilla Firefox (including official variants like Developer)
  • Safari
  • Opera 

 

Mobile Devices (using either their native browser or Chrome. Firefox or Opera):

 

  • iPhone/iPad/iPod Touch (4 & above)
  • Android phones & tablets running Ice Cream Sandwich (& above)

7) SEO

 

acerockcola keeps web design & SEO as separate entities.

 

We offer SEO packages as detailed at acerockcola.com/seo & while we think we offer the best deal around, please feel free to use any external company for SEO on your website.

 

Regardless of whether you choose to buy an SEO package from us, the web pages that we develop are accessible to search engines.

8) Spam, Virus Protection & Protecting Your Site From Hacking

 

acerockcola wants your site to remain safe for everyone. For that reason, every site comes with 12 months of anti-spam/virus protection.

 

Almost all spam injections and site hijacking comes from your site being ‘hacked’, but virtually all ‘hacks’ to WordPress occur by people using weak passwords and then other people easily guessing those weak passwords.

 

Keep your password secure, it’s easier for everyone in the long run.

9) Changes, Revisions & Cancellation

 

Alterations:

 

  • acerockcola doesn’t want to limit your ability to change your mind so if things have to change, please tell us.
  • The price at the beginning of this contract is based on the time estimated to accomplish everything you’ve told us you want to achieve, but it’s in our interest to be flexible.
  • If you want to change your mind or want add anything new, that won’t be a problem as we’ll provide a separate estimate for the additional time.

 

Cancelling:

 

  • If you come to decide (once we’ve started working together) that acerockcola isn’t for you or for any other reason on your part you wish to cancel the outstanding agreed work, then we can sever the contract immediately.
  • Regardless of the stage the website is at in design, the 50% upfront payment shall be deemed as final payment & all work shall be stopped.
  • Any content created during the time leading up to the request to cancel shall be destroyed & not held by acerockcola or given to you.
  • acerockcola cannot (at any time) make the decision to cancel this contract (or any agreed work) & retain the 50% downpayment. This contract can only be cancelled by you (the client) with an email sent to mail@acerockcola.com

10) Intellectual Property

 

Unlike most web design companies, you will own your website & be the sole owner of its intellectual property. You’ll have total full control of it & you’ll be sent a copy of the entire site it on request & you can move it to any other web host if you want.

 

Just to be clear, intellectual property refers to your website design, the entire content of your site, all photos & media & the unique combination of these elements that constitutes a complete design.

 

acerockcola guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you.

 

When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.

 

Provided you’ve paid for the website and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

 

  • You’ll own the website we design for you plus the visual elements that we create for it.
  • acerockcola will give you the source files (a snapshot of your website) upon request at any time & and you should keep them somewhere safe as if you do leave us we won’t keep a copy.
  • You own all intellectual property rights of text, images, site specification and data you provided (unless someone else owns them & we’re using them on your website under an agreement).

 

Please be aware though that if you do move the site away from our control then our business relationship for that site will cease to exist. The offer to fix your website should it become hacked (complimentary or paid), along with extras you may have like backups & analytics will also cease.

11) Legal Information

 

acerockcola will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will 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, even if you’ve advised us of them.

 

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

 

Finally, 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.

12) Use Of Your Site By acerockcola

 

acerockcola is proud of the work that we create & we love to show it off.

 

Therefore, we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed work detailed in this contract on our portfolio & on social media accounts.

13) Branding

 

As a small web design company we love to get the acerockcola name out there. So, like most web design companies we like to put the following logo (either in black or white depending on the colour scheme of your design) subtly in the footer on your website (like this):

 

Website Design By acerockcola.com

 

All it does is link back to our site. We hope this is okay, if not, just drop us a message to mail@acerockcola.com & we can discuss the matter.

14) Payment Information

 

Deposit:

 

Before any work commences, 50% of the final amount quoted is due. Once this has been received, work on your site will start within 72 hours (but usually that day).

 

General Financial Requests & Transactions:

 

  • All invoices will be raised to you via PayPal’s Invoice Service.
  • Payment is accepted via PayPal or BACS with your company name as the remitter reference.
  • For the consequences of any missed payments please see the Notes, Fees & Penalties section of this contract.

 

After Your Site Is Live:

 

  • Once your website is approved (by you) & put live (by us), you will be invoiced for the remaining 50% of the balance (& any extras that we’ve agreed on during construction).
  • This invoice is due 7 days from issue & failure to pay the balance in full will result in a 25% late fee of the outstanding balance.
  • If the balance has not been settled within 21 days of the site going live, the site will be suspended until payment is settled & the late fee shall rise to 50% of the outstanding balance.

15) Lastly…

 

This contract will stay 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 will remain in place.

 

Everyone wants to make a change or two once their site is live. It’s absolutely understandable & for that reason any small changes/tweaks (text changes, where the email form is going, the position of photos, the order of menu & so on) will be done at no cost. Any small changes/tweaks after 7 days of the site going live (or any large changes like adding in new pages) will be chargeable.

 

Please remember that the lifespan of a website (just like your phone) is 2 years & after that length of time we can’t guarantee that it will function perfectly (though, it’s unlikely that anything should happen).

 

Given this lifespan, please be aware that if after several years you decide that you want a new feature added to the site that it may not be possible without a full ground-up redesign & rebuild.

 

If you have any questions or concerns about any aspect of this contract, please drop us an email to mail@acerockcola.com

 

If you're happy with everything mentioned above in the contract please complete & digitally sign the form below.

of