Tees & Cees.

Summary:

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

So in short;

You (customer), are hiring us (PinkSquare Media) (“We or Us”) to complete work specified outlined in your contract.

 

Of course, it’s a little more complicated, but we’ll get to that.

 

What do both parties agree to?

 

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the projects. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this policy. You agree to the 12-month contract term.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we’ll maintain the confidentiality of everything you give us.

 

Getting down to the nitty-gritty

 

Web Design

We create designs that adapt to the capabilities of many devices and screen sizes. We create them to meet your specifications and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, Skype, or Messaging service.

If—during the website build—you change your mind about what you want to be delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point, a new contract will be drawn or you may terminate the contract.

 

Text content

Unless agreed, we’re not responsible for creating text or images for your content management system or for creating content for every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.

All text must be submitted via a doc file, google doc shares or directly in an email. Any images of text will not be accepted unless you want the image to be uploaded to your website (e.g. a menu with text on it). We will not convert your image to text as part of the standard management package, however, we can at an additional cost due to time requirements.

 

Graphics and photographs

You should supply photographs in a high-resolution digital format. We prefer jpg or png files, however, if we need other specific files we will request these. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.

Images submitted for upload should be high def resolution (at least 1920px wide). We do not recommend using facebook images as the resolution is too low. If you would like to use pictures off your facebook, then please select the pictures you want and email them to us. We will not select the images for you off your Facebook. 

Please note that using Facebook images can affect the quality of your website, due to the poor quality of the photos and we will not be held responsible for drops in traffic or rankings due to this.

 

HTML, CSS and JavaScript

We deliver pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for behaviours.

 

Browser testing

Browser testing no longer means attempting to make 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.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

 

Mobile browser testing

Testing using popular smaller 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 designs in:

iOS: Safari and Google Chrome

Android: Google Chrome

We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.

 

Technical support

We’re a website hosting company so we offer support for website hosting, email or other services relating to hosting within our company. If you have signed up to our management package, we will set up your site on a server, plus any statistics software such as Google Analytics, as well as security and software updates and allow up to 1 hour of changes a month that you wish to make to the website. We will also send you a monthly report. If you have the hosting package only then, the updates to, and management of the website will be up to you.

 

Search engine optimisation (SEO)

With any of our SEO work, we do not guarantee a page one ranking on Google from your keywords. We will carry out work to improve your website ranking to the best of our abilities in the hours stated in this contract to the keywords specified. You will receive a monthly report showing the improvements to your on-site and off-site SEO and its position on Google from the keywords specified. We also do not guarantee increased rankings on other search engines such as Bing. If you have not taken an SEO package then we don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines.

 

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that 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. We will either make the changes as part of our monthly management contract (up to 1-hour changes a month) or, if you are on a hosting package or web build only contract, we’ll provide a separate estimate for those additional hours/weeks of work.

Monthly management website changes and additions

You can use this template to help structure your website changes. 

All website changes should be submitted to our specific email address at webchanges@pinksquaremedia.co.uk. Any requests via other forms of communication will not be guaranteed to be seen by our webchanges team, nor can we guarantee that they will be done within 72 working hours.

All changes submitted via our specific webchanges email will be completed within 72 working hours. 

Images submitted for upload should be high def resolution (at least 1920px wide). We do not recommend using Facebook images as the resolution is too low. If you would like to use pictures off your facebook, then please select the pictures you want and email them to us. We will not select the images for you off your Facebook. 

Please note that using Facebook images can affect the quality of your website, due to the poor quality of the photos and we will not be held responsible for drops in traffic or rankings due to this.

All text must be submitted via a doc file, google doc shares or directly in an email to the webchanges team. Any images of text will not be accepted unless you want the image to be uploaded to your website (e.g. a menu with text on it). We will not convert your image to text as part of the standard management package, however, we can at an additional cost due to time requirements.

A full web page requires a full design, therefore not covered in your monthly management. We add additional pages at our hourly rate of £25 per hour. The cost is dependent on the content of the page.

 

Social Media

Our main objectives are:-

To increase followers and page likes

To increase traffic to your website

To increase engagement with your potential customers

Us:- We commit to creating [Number] posts a week and share them on Instagram, Facebook and Twitter. We will generate hashtags we deem appropriate for your business which allows for an increase in followers and likes. All posts will have a link to your website which allows increased traffic to your website. Any graphic created by us remains our property despite it being on your social media channels. We cannot guarantee an increase in followers or likes or engagement with your business. We also cannot guarantee that any social media platform will allow for your post to be seen, liked or shared by others. 

You:- We expect you to provide us with a direction for your social media. Although we can create generic ideas and posts about your business, we need to be informed at least once a month about:-

  • Any deals, offers or sales
  • Any events you want to promote or are involved in
  • Any aspect of your business you are proud of
  • Achievements
  • Staff members
  • Images you want to share.
  • Any competitions you may wish to run

We also recommend that you remain an active part of your own social media by continuing to post yourself and be actively involved on social media by liking, sharing and following.

 

Adwords (Pay Per Click Services) PPC

We shall provide the PPC Services as specified in the contract. We shall base the PPC Setup and its provision of the PPC Services upon the Required Information provided by the Client. Upon receipt of the Required Information from the Client, we shall conduct keyword research which shall include, but not necessarily be limited to, an examination of the Website, online research and the use of other suitable methods and tools. In the event that the Client proposes amendments to the PPC Proposal, We shall incorporate such amendments into a revised PPC Proposal which shall be submitted to the Client for approval. In the event that we submit a revised PPC Proposal to the Client, the Client shall have a period of 14 days from receipt of the amended PPC Proposal to review and approve the same. Further amendments shall be a matter of agreement between the Parties at the time. In the event that the Client proposes amendments which we oppose, We shall give detailed reasons for its opposition. The Client shall reserve the right to insist upon any such opposed amendments, however, we shall bear no responsibility for any negative effects thereof on the effectiveness of the PPC Campaign(s).

Within 30 days of receipt of the approved PPC Proposal from the Client, We shall set up the agreed PPC Campaign(s) on the Designated Search Engine(s). No later than 90 days following the successful commencement of the PPC Campaign(s), We shall prepare and submit to the Client a visibility report demonstrating the results and effectiveness of the PPC Campaign(s).

The Client understands and acknowledges the following:

  • We cannot control search engines and cannot provide any guarantee of success.
  • We cannot control search engines and cannot provide any guarantee that the Designated Search Engine(s) will not change their policies or functionality in such a way that will have a detrimental effect on the effectiveness of the PPC Campaign(s). 
  • Where ongoing PPC Services are to be provided, We shall use reasonable endeavours to counteract any detrimental effects resulting from any such changes.
  • We accept no responsibility for any detrimental effect on the effectiveness of the PPC Campaign(s) which results from any activity of the Client or any third party including, but not limited to, alterations to the Website.
  • The effectiveness of the PPC Campaign(s) will be determined in part by the budget allotted. Failure by the Client to make the required budget(s) available may have a negative effect on the related PPC Campaign(s). We accept no responsibility for any such negative effects.

Graphic Design

Clients will be given a form to outline the specifications of their graphic design. We will provide three examples which the client will pick to move forward with. You shall be entitled to three revisions. Any revisions beyond this shall be chargeable at a rate of £25 per revision. The client must approve the project finalisation. The graphic design will remain the property of PinkSquare Media until the full receipt of payment. The client will be given their graphic design in different graphic formats and will become their property. Although PinkSquare Media often keep a backup of the work, we advise that you keep your final graphic design safe as we cannot guarantee we will keep a copy and have no legal requirement to do so. The client has the right to terminate their graphic design at any time, however, you will pay us in full for the time we’ve spent working until that point.

Legal stuff

We’ll 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 number 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.

 

Phew.

 

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

 

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We 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 work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

On completion of the contract, you will own the work we designed for you plus the visual elements that we create for it. 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 intellectual property rights of text, images, site specification and data you provided unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. During a 12 month contract, all work created as part of the contract is owned by us until the completion of the contract.

 

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio, social media, articles on websites, in magazine articles and in books.

 

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.

We issue invoices electronically. Our payment terms alter from each client as build fees are expected to be paid upon receipt of the invoice, however, monthly invoices will be sent out 7 days prior to the due date, however, if they are set on standing order they will just be for your records. All proposals are quoted in pound sterling and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. 

We reserve the right to make a reconnection charge of £25.00 inc VAT on all overdue debts.

£25.00 inc VAT is the reconnection charge. If you are disconnected due to late payment then you will not be re-connected until the late payment has been received and also the reconnection charge.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. However, we reserve the right to terminate this contract at any time.

We both agree that we will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

12 month contract

This contract stays in place for the minimum term of 12 months. After the contract has ended, then we will continue to charge at the same rate per month unless otherwise agreed with the client. 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 policy is a legal document under exclusive jurisdiction of English and Welsh courts.

 

Oh and don’t forget those men with big dogs.

Want to chat?