Between us, Performance Prosites Inc, located in Winnipeg, MB. and you, The Client.
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You, The Client, are hiring us Performance ProSites Inc to design and develop a website for the monthly Membership Fee as outlined in the Membership Fee Schedule in this Agreement. Of course, it’s a little more complicated, but we’ll get to that.
What Do Both Parties Agree To Do?
As our customer, 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 that we’ll need to complete the project – including text, images, and other information – as and 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 too. Deadlines work two ways and you’ll 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.
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 launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
Getting Down to the Nitty Gritty
Performance ProSites will create the design for the look-and-feel, layout, and functionality of your website. This contract includes one main design plus the opportunity for you to make revisions in the first 30 days. After the first 30 days revisions can be done by yourself as well as Performance ProSites based on the details in your Membership Package.
HTML and CSS Layout Templates
If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. 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.
We’re not responsible for writing any text copy unless specified. We’ll be happy to help though, and in addition to the monthly fee, we will charge you at our standard copywriting rate.
We will provide licensed stock images as outlined in your Membership Package. Beyond that, you may supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography.
Changes and Revisions
The monthly allotted time for changes and revisions to your website are outlined in your Membership Package and in the Disclosure of Key Points in this Agreement. These edits are limited to text, images and programming directly on your website. Any time spent each month above your allotted time in your Membership Package will be billed at $100/hour and automatically charged to your credit card or PAD on file.
Your chosen Membership Package is based on the size, functionality and amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
Performance ProSites will arrange for website hosting through one of our preferred, third-party hosting providers. This is included and required as a part of your Membership Package.
Performance ProSites is NOT responsible to teach or train Members on how to use computers, browsers, merchant software or other integrated software. These third-party companies provide their own knowledge base and customer support services.
We can’t guarantee that the functions contained in any web page templates or in a completed website 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 website and any other web pages, 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 unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves or that you have permission to use them.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.