If you are reading this page, this means that you have contracted Jay Dean Creative Agency to provide you and/or your company or your affiliated party to be provided with web design/development services by us. Please read this page in its entirety.
Summary: We’ll always do our best to meet your needs and your expectations, however 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 agreement 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 are hiring Jay Dean Creative Agency to provide you with a service for the estimated total price outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we need. 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 contract.
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 endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
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 for web design so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (color, texture and typography.) We also use other design software to create graphics for your project. You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox folder or Asana repository with you and we’ll maintain regular, possibly daily contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
Browser Testing– (For web design/development clients only)
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. Desktop browser – (For web design/development clients only) 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’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. 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- (For web design/development clients only) 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 9: Safari, Google Chrome Windows: Google Chrome Android: Google Chrome We won’t test in Blackberry, 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 for that.
Technical Support-(For web design/development or email marketing clients only)
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Search engine optimization (SEO)– (For web design/development or email marketing clients only)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. 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. 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 as we’ll provide a separate estimate for those additional weeks.
Outsourcing and Referrals
We may occasionally partner with amazing companies for special projects. Though we typically work with reputable agencies we cannot always guarantee business with other companies will be handled in the same manner as us. Therefore, we are not responsible in any way for any experience you have with any company we refer. Because we hold all of our clients in high regard, we will do our very best to remedy matters within our control should one arise. You agree that we will not be held responsible in any way for any payments, agreements or incidents made with or because of any staff of any company outside of Jay Dean Creative Agency.
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. 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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. Then, when your final payment has cleared, copyright will be automatically assigned as follows: 6 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 its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. 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 and in articles on websites, in magazine articles and in books.
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 agreed upon payment rate and schedule outlined in your agreement and invoice.
We issue invoices electronically. All proposals are quoted in USD 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 PayPal or your banks transfers of funds. The appropriate bank account details will be printed on our electronic invoice.
We reserve the right to charge interest on all overdue debts at the rate of $75.00 late fee 3 days after invoice date and every week thereafter.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This agreement stays in place and need not be renewed. 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 contract is a legal document under exclusive jurisdiction of Cook County courts.
Jay Dean Creative Agency
Office Hours 8am-4pm