Last Updated On: October 17, 2023
THIS WEBSITE DEVELOPMENT AGREEMENT is made and entered into by and between (“Client”) and Your PC Magician, LLC, a Virginia Limited Liability Company (“YPM”)
We will always do our 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 things go wrong. In this agreement you won't find complicated legal terms or large 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.
Client is hiring YPM located at 4605 Painted Post Ln., Midlothian, VA 23112 to design and develop a web site for an agreed upon price. The payment terms are at the end of the document.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our 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 agreement.
We schedule projects based on our current workload so you can be assured no other projects will supersede yours, therefore we both agree to respond to requests from either party within three (3) business days to make sure the project stays on schedule. For each day beyond three (3) business days that we do not receive your response to our requests, there will be a $1 Project Management Fee added to the final invoice. This is to recoup our cost of keeping your project in our project management system.
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. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
We will create designs for the look-and-feel, layout and functionality of your web site. You’ll have opportunities to review our work throughout the process as we ask for feedback or just anytime you want to give input on the progress. If at any time you are not happy with the direction our work is taking, you will pay us in full for all of the work that we have produced until that point and cancel this agreement.
Unless previously agreed to in writing, we are not responsible for writing text copy but we will input text that you provide to us. If you’d like us to create content for you, we will do so at our normal labor rate of $57/hr.
Changes and revisions
We know from plenty of experience that fixed-price agreements are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. We will provide a separate estimate at that time. Along the way we might ask you to put requests in writing so we can keep track of changes.
You will have the opportunity to provide us insight into your design and layout. Using this information we will create a mock up of your website and request your approval or feedback before moving forward. We are happy to provide two (2) design revisions after the initial mock up at no extra cost. Additional revisions will be billed at our normal labor rate of $57/hr.
Website Maintenance Services & Technical Support
Technical support is provided for one month following the launch of your website. We also provide optional Website Maintenance Plans for support beyond the first month. The following services are provided complimentary for the first month and are part of our optional Website Maintenance Plans:
- Retain the most recent copy of a daily, weekly, and monthly full site backup
- Google Analytics reports, upon request
- WordPress platform updates
- Plugin updates
- Website uptime monitoring and troubleshooting if website goes down
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, we can set up an account for you at one of our preferred, third-party hosting providers. For the first month and/or if you purchase a Website Maintenance Plan, if hosting issues occur that affect the performance or availability of your website, we will communicate on your behalf with your host to resolve the issues. In order for us to communicate on your behalf, you will need to provide us your host information including your login and password for your hosting account. This information will be kept strictly confidential and only used when necessary for managing your website hosting account.
Editing & updating content
We will update your web pages upon request or on a regular, agreed upon basis with content that you provide to us. Our hourly rate for updating content is $57/hr. Many updates are quick but some are more involved, therefore we bill in 15 minute increments so that you are actually paying a fair rate even for quick updates. We invoice this service separately on or around the 1st of each month for any updates made in the prior month.
Photographs and graphics
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we will do so at our normal labor rate of $57/hr.
Ongoing communication between you and us
Upon providing us an email address, we will add you to our mailing list which may result in you receiving informational, promotional or other correspondence via electronic communication. We will not intentionally sell, share, or distribute your personal information to third parties, except as required by law. While we think the information will be valuable to you, you may unsubscribe from this mailing list at any time.
We 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. 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.
We may update this agreement from time to time. If you do not agree to the changes we may either (1) agree to work for you under the old agreement or (2) allow you to cancel this agreement and receive a full refund. This decision is at our sole discretion. The latest version of this agreement can always be found at https://www.yourpcmagician.com/website-development-agreement.
First, you guarantee to us that any elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:
- This project is "work-made-for-hire" meaning that all visual elements, text, images and data that constitutes the entirety of this project is owned by you, unless someone else owns them. We'll give you the source files and finished files and you should keep a copy of them somewhere safe as we're not required to keep a copy.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display your completed project in our portfolio and to write about the project on web sites, in magazine articles and in books.
We are 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 the following payment terms:
50% of total project cost is due at the initiation of the project. This amount is not refundable even if you decide to cancel this agreement before the project is completed.
50% plus any other costs incurred during development are due before site is launched and brought live on your server.
Also stated above, we will edit and update website content at a rate of $57/hr, billed in 15 minute increments. We will send an invoice on or around the 1st of the month for the previous month's content updates.
Payment terms for all invoices: NET30
IF INVOICE IS NOT PAID WITHIN 30 DAYS YPM WILL PAUSE/CANCEL/DISABLE/HOLD ANY ONGOING SERVICES UNTIL THE ACCOUNT IS MADE CURRENT
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this agreement to anyone else without our permission. This agreement stays in place and need not be renewed. Either party shall have the right to terminate this agreement upon thirty (30) days written notice to the other and payment for any outstanding invoices will be due upon receipt. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of City of Richmond, Virginia courts.