Statement of Work & Contract
Between “us,” Bash Foo, and “you,” The Client
The Client is hiring Bash Foo to design and develop a website as outlined in our proposal. We are also offering web hosting and optional monthly services for an additional fee.
1.0 Services Rendered
DESIGN
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 not to waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (color, texture, and typography.)
You’ll have two opportunities to review our work and provide feedback. If you’re not happy with the direction our work is taking at any stage, you will pay us in full for everything we’ve produced up to that point and then cancel this contract.
TEXT CONTENT
Writing or inputting any text copy is not included in this contract. If you’d like us to write new content or input text for you, we’re happy to provide a separate estimate for that.
PHOTOGRAPHS
You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. When the Bash Foo design team decides to add photos as a part of the website design, they will be licensed through us. You also can provide licensed images to us.
HTML, CSS AND JAVASCRIPT
We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling, and unobtrusive Javascript for feature detection, poly-fills, and behaviors.
WORDPRESS INTEGRATION
We’ll set up, install and configure WordPress on our hosting server as described in the scope of work section. WordPress is a third-party tool, and therefore we can’t be responsible for any bugs associated with WordPress or its plugins. If any bugs are found during the development phase or 30 days after launch, we’ll fix it (if possible) or update WordPress or the faulty plugin if it’s available, but after the 30 days, we’ll charge at our hourly rate of $129.
BROWSER TESTING
Browser testing no longer means making a website look the same in browsers of different capabilities or on devices with different size screens. 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), and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single-column design for Internet Explorer 7 and below for Windows, but 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
Android 4.1: Google Chrome, Firefox
Android 3.2: Browser, Firefox
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian, or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
TECHNICAL SUPPORT
We provide web hosting through our partner, WPEngine. Your first year’s worth of web hosting is included in the cost of your website design. After the first year, you’ll receive an invoice for web hosting and/or domain hosting. We will support sites with technical issues when hosted on our WPEngine platform. If hosted elsewhere, we will charge time & materials rates to support. WordPress.com is not considered a maintainable environment.
CHANGES AND 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 or make decisions later when you might be better informed. At the beginning of this contract, the price 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 as we’ll provide a separate estimate to cover the additional work.
ERRORS
We can’t guarantee that our work will be error-free (we’re human!), 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.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us by making available to us needed information pertaining to your website and cooperating with us in expediting the work.
3.0 Charges for Services Performed
3.1 Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope. An amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Bash Foo.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is for a small business to pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
Bash Foo will invoice The Client for fifty percent (50%) of the initial fees at the point of this signed contract agreement which will act as the deposit. The remaining 50% will be billed monthly as the service hours are spent or when the project is launched.
The Client will supply Bash Foo with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).
4.3 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt, which will act as a deposit for the project. Every invoice after that will have 15-day payment terms. Suppose payment is not made within 15 days. In that case, Bash Foo will charge a late payment fee of 10% on any overdue and unpaid balance not in dispute to cover the workforce, interest, and other costs Bash Foo pays for carrying overdue invoices from The Client. In addition, Bash Foo reserves the right to stop work until payment is received.
For services being provided under a retainer, Bash Foo will raise the recurring rate by no more than 15% a year to cover cost inflation and unplanned expenses.
4.4 COLLECTION COSTS
If we incur legal fees, costs, and disbursements to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions that relate to non-cancelable commitments and defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
Plans that include a stated service duration (such as SEO) must be completed, or a penalty amount, equal to a minimum of half of the fully contracted amount will be immediately due and payable.
6.0 Responsibilities of Bash Foo and The Client
6.1 BASH FOO’S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that your good selves either own all elements of text, images, or other artwork you provide or that you have permission to use them.
Then 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 that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
7.0 Confidentiality
Bash Foo acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Bash Foo on behalf of The Client or disclosed by The Client to Bash Foo.
8.0 Term and Termination
8.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as of the date signed by both parties and shall continue until terminated by either party upon not less than 60 days’ notice in writing given to the other.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within the said period unless the defaulting party commences cure within the said period and diligently proceeds to cure the default.