revised: 8/1/2020

Introduction

At the beginning of any project, it’s best to have a few things written down so that we have a clear understanding of both our expectations and what happens if things go wrong. In this agreement, you won’t find complicated legal terms or long passages of unreadable text.  I want our roles during this project to be clear.  This document is an outline of those roles.

What is your role as a client?

As the person entering into this agreement, you are confirming that you have the competence, power, and ability to agree to these terms on your own behalf, or that of your company, or organization.

What is my role as a contractor?

I will maintain the confidentiality of any information that you give me.  I have the experience and ability to perform the services you need from me and I will carry them out in a manner that is professional and cost-effective.  I have provided you with a fee estimate with my observations of

You are free to determine which of those solutions and subsequent fees will actually apply to this project prior to accepting the estimate. My number one priority is to fulfill your needs and provide services necessary to achieve the outcomes that we set for this project.

Project Scope

Upon approval of this document and payment of your deposit, I will consider the project requirements to be firmly set and put your timeline and start date in my schedule. This is the scope of this project.   If you request additional products and services, they will require a separate agreement and separate invoicing.  The goals, desired outcomes, and technology of each project vary.  Based on my experience, I have further outlined some guidelines to set your expectations of common project processes:

Boss Level Breakthrough Implementation Scope

Other Applicable Implementation Scopes

Design

Should your project require me to design visual elements, I agree to provide one or more mockups for each requirement with the opportunity for you to make up to two rounds of revisions for the idea that you pick. If you are not happy with the design after those revisions, you may either discontinue my service or continue to commission me to make further design revisions at the hourly rate set out in the estimate.

Development

This project may include web development with HTML markup, CSS templates and PHP coding for the content management system.  I will use these technologies to create web page layouts that reasonably match your design specifications.  You will have the opportunity to make up to two rounds of revisions to the layout of your website.  If you are not happy with the look and feel of your website after those revisions, you may either discontinue my service or continue to commission me to make further design revisions at the hourly rate set out in the estimate.

Deadlines & Deliverables

Together, we will review and refine the timeline of milestones geared towards the goal of completing your project.  We will implement a project management process for you to submit requests for changes, review and approve my work and keep track of the development of the project.  If I have any questions about a request, I will contact you immediately for clarification.  My processing time depends on your approval, or notification of changes to your project and I 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 on my work at any stage of this project. Communication works both ways. If at any time there is a processing delay on my end that will affect the deadline I will let you know. You may request that I issue a final invoice for all completed work. Upon receipt of that payment, I will consider the project completed.

Changes and revisions

I have no desire to limit you to your first idea about how something should look, or how it might work. Throughout the course of this project, you will be presented with options, opportunities to change your mind and my estimate of the resources that will be necessary to accomplish everything that you have told me you want to achieve. This agreement provides for up to two rounds of revisions to the designs and features that develop.  If you do want to change your mind beyond that, there won’t be a problem, but there will be a fee. You will be responsible for any additional expenses that I might incur on your behalf in the performance of my duties.  You will be provided access to my project management system.  I expect you to request all changes via that medium.

Browser Support

The landscape of web browsers and devices changes regularly and my approach is to look forward, not back. With that in mind, I will test all of my markup and CSS in current versions of all major desktop browsers to ensure that we make the most of them. Users of older, or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For example, people using Microsoft Internet Explorer will experience a typographically focussed design with no layout. I will also test that these templates perform well on mobile devices.

I will not test old or abandoned browsers unless otherwise specified. If you need me to consider these older browsers, additional fees may apply.

Photographs

You will supply me any necessary photographs in the format that is needed to complete your project. If you choose to buy stock photography, I can suggest vendors of stock photography.  If I purchase photographs on your behalf, you will receive the licensing and the charges will be applied to your account.

Text Copy

I may have written a best-seller (I haven’t), but I am not responsible for writing or inputting any text copy unless it is specified in this agreement as a solution. I’ll be happy to help as requested, though additional fees may apply.

Website Hosting

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, I can set up an account for you, or you can find a web host for yourself. I will charge you a one-off fee for installing your site on a server.

What is not included in the project scope?

Copyright Infringement

I will not be able to copy someone else’s work for you.  Any materials subject to copyright will need permission from the owner.  Any request to alter someones copyrighted material will require a license in order for me to do so as well. The bottom line here?  I will not agree to do something for you that I think is morally reprehensible.

Search Engine Optimization

Although a website will increase your opportunities to grow your business, I cannot literally provide you with website traffic.  I will take the time to populate your site with an accurate description and keyword meta tags, but I am not a search engine optimization strategist and I cannot guarantee that you receive a high search ranking.  Just so that you know, advertising will cost you money over and above paying for your website.

Content Management

Website maintenance is not included in this agreement.  Editing, revision, update and input of new and existing content would require a separate agreement and would be invoiced independently.

Technical Support

Tasks such as managing your server, website hosting, and any other support issues are also not apart of this process.

A Warranty

I 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 I 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 me of the possibilities of such damages.

I will see that the final deliverables that I provide to you are uniquely made, or properly licensed for your commercial use. I accept your guarantee that any materials you provide are legally approved for your use as well and as such I am not 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 use of, or inability to use the final collateral pieces in whole, or part.

If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Payments – Mana from..well, you!

My day job consists of helping businesses and entrepreneurs create successful strategies for getting things done – and I love that I get to do that. This entire proposal provides you with a detailed summary of how I plan to do that with you – a love letter in plain old English about how technology is my jam! If you are reading this, then we have met and you have seen first hand how excited I am about working with you – yes?

It is vital to both of us that you pay your invoices immediately.  I will hold your start date without a deposit for five calendar days. After that, I will have to give priority to another client and we will have to reschedule your project for my next available start date.

✅ Payment schedule. Unless a subscription option is provided, payments are assigned as follows:

Once the deposit payment has cleared, you receive full access to the project management space along with directions for providing my team access to your systems so that the work can be initiated.

If at any time you are unclear on what to do, please contact us immediately by clicking “HELP!” in the main menu of justrjlewis.com and requesting assistance. If it is after hours, you will receive a reply via email within 24 business hours.

📣 Unfortunately, I cannot hold up my process in the event that you are unable to provide your content. If you have not provided appropriate access and/or content within 10 days of entering this agreement, you will be asked to schedule a consultation – at no additional charge so that we can attempt to devise a solution that better fits your immediate needs. Should you fail to maintain communication and forward progress beyond 30 days, your project will need to be rescheduled and your deposit with be forfeit. Attempting to hold my resources beyond that is unfair to other clients, as well as my team. I have learned from experience that this kind of uncertainty creates nothing but friction and complicates, or even sours a successful working relationship.

Should you fail to pay any invoice at the close of the project scope, I reserve the right, but am not obligated to complete the following tasks:

  1. Add an inconvenience fee of 25% to the overdue invoice(s).
  2. Bring legal action against you for the outstanding balance.
  3. I am under no obligation to keep your workspace open, or any deliverable work available to you.

Ending our relationship – Say it aint so!!

You can cancel this agreement at any time, by providing me with 30 days written-notice and making sure that all of your current fees are paid-in-full.  If I intend to cancel this agreement, I will afford you the same courtesy and provide you with 30 days written notice.  Please understand that all projects require me to make a dedicated allotment of my time to you, so I will issue you a final bill upon cancellation that includes all completed work and a $97 termination fee.

Who’s the Boss?

Just because we are entering into a mutually beneficial agreement does not mean that either of us is granting the other employment, principle partnership, or benefit of a joint venture. Neither you, nor I have any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design and development.

Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays 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 remain in place.

The language is simple, but the intentions are serious and this agreement is written under and governed by the applicable legal authority of the Commonwealth of Virginia of the United States of America.

Phew! That is definitely longer than a tweet.

My thoughts on all of this!

I, Ragni J. Lewis accept the terms of this agreement.

By purchasing a product or service from this website [justrjlewis.com] you are agreeing to these terms as well.