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Last active March 3, 2025 16:08
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Legally sound contract without being intimidating to clients while still rooted in the spirit of the 2008 version.

Contract Killer

The popular open-source contract for web designers and developers

  • Originally published: 23/12/2008
  • Revised date: 03/03/2025
  • Adapted for modern design needs and flexibility across different jurisdictions.

Between Us ([Company Name]) and You ([Client Name])

Summary

We want to ensure that we both understand the project scope, responsibilities, and expectations. This contract is written in plain language without unnecessary legal jargon.

You ([Client Name]), located at [Client Address], are hiring us ([Company Name]), located at [Company Address], to design and develop a project for an estimated total price of [Total] as outlined in our previous correspondence.

What Both Parties Agree To

You: You have the authority to enter into this contract. You will provide required materials in a timely manner and adhere to agreed-upon deadlines and payments.

Us: We have the expertise to complete the project professionally and on time. We will maintain confidentiality and work collaboratively with you.

The Nitty Gritty

Design Process

We use modern design tools such as Figma, Sketch, Framer and Webflow for wireframing, prototyping, and final designs. We create flexible layouts that adapt to different devices.

We may use static visuals to indicate a look-and-feel direction (colour, texture and typography). We call that 'design atmosphere.'

We'll share our working (file, public URL, dropbox) with you and have 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.

You will have opportunities to review and provide feedback on our work. We expect feedback within 5 business days of delivery. If we don't hear from you within this timeframe, we'll assume you've approved the deliverable and continue to the next phase.

Once the final payment is made, you will own the intellectual property of the delivered designs. However, we reserve the right to showcase the work in our portfolio, Medium articles, and case studies.

Text & Content

We are not responsible for writing content unless explicitly agreed upon. If you need content creation, a separate estimate will be provided.

Our designs may contain AI-generated content as placeholders. These placeholders are intended for layout and design purposes only and should be replaced with your final content before publication.

Images & Assets

You should supply images in an editable, high-resolution format. We can assist in sourcing stock images at an additional cost.

Our designs may include AI-generated images as placeholders for layout and composition purposes. These placeholder images are not intended for final use and do not transfer any copyright to you. You must replace these with appropriately licensed images before publication.

Code & Development

We deliver responsive, accessible web pages using HTML, CSS, and JavaScript. If additional features are needed, they will be scoped and priced separately.

Accessibility

We design with accessibility in mind and aim to meet WCAG 2.0 standards. Our designs will consider color contrast, text readability, keyboard navigation, and other accessibility requirements. However, full compliance may require additional development work and testing, which can be provided at additional cost if needed.

Browser & Mobile Testing

We test our work on modern browsers (Chrome, Firefox, Safari, Edge) and mobile devices (iOS and Android). If additional testing is required, it may incur extra costs.

Technical Support & Hosting

We do not provide hosting services but can assist in setting up hosting at an additional cost. Ongoing maintenance is not included unless explicitly agreed upon.

Changes & Revisions

We understand that ideas evolve. Any changes outside the agreed scope will require a written Change Order that outlines the additional work, timeline adjustments, and associated costs. Both parties must approve Change Orders before work begins.

Intellectual Property & Ownership

What You Own

  • Upon final payment, you own all custom deliverables created specifically for your project
  • You receive a license to use any third-party elements we've incorporated (stock photos, fonts, plugins)
  • You own your content, logos, and materials you provided to us

What We Retain

  • The right to showcase the work in our portfolio, case studies, and awards submissions
  • Ownership of our pre-existing tools, code libraries, and frameworks
  • The right to reuse non-unique design elements and coding solutions

Your Guarantee

You guarantee that any materials you provide don't infringe on anyone else's intellectual property rights. If they do, you'll protect us from any legal claims.

Confidentiality

We both agree to keep confidential information private. This includes business strategies, customer lists, unpublished materials, and technical data. This obligation continues for 2 years after our project ends, but doesn't apply to information that becomes public through no fault of either party.

Payment & Pricing

As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.

Essentials Package ($X,xxx/month)

  • Limited to 5 clients per month (first come, first serve)
  • 60 design hours per month
  • Async communication + Slack support
  • Monthly consulting call
  • Work directly with a partner
  • Cancel anytime

Premium Package ($XX,xxx/month)

  • Fully managed project
  • Access to our entire team
  • Creative strategy
  • Updates every 2 days
  • Weekly consulting call
  • Everything included
  • Cancel anytime

Custom Solution (pricing custom per project)

  • Great for those who want quality + speed.

Payment Security

  • Invoices are due within 30 days of receipt
  • Late payments incur a 1.5% monthly interest charge
  • We reserve the right to pause work if payments are more than 15 days late
  • Final deliverables will be released after full payment
  • You agree to cover reasonable collection costs if legal action becomes necessary

Ending Our Relationship

Either party can end this contract with 30 days' written notice. If you cancel, you'll pay for all work completed up to that point plus any non-refundable expenses we've incurred.

If we need to transition your project to another designer or developer, we'll provide reasonable assistance for up to 2 hours at no charge. Additional transition support is available at our standard hourly rate.

Legal Protections

Warranty

We warrant that our work will be free from defects in workmanship for 30 days after delivery. If issues arise during this period, we'll fix them at no additional cost. This warranty doesn't cover problems caused by third-party software, your modifications, or issues outside our control.

Liability Limits

Our total liability is capped at the amount you've paid us for the project. Neither party will be liable for indirect damages, lost profits, or consequential damages.

Force Majeure

Neither party is responsible for delays caused by circumstances beyond reasonable control, including natural disasters, pandemics, civil unrest, or service outages.

Governing Law

This agreement is governed by the laws of [Your State]. Any disputes will be resolved in the courts of [Your County], [Your State].

Final Agreement

By signing below, both parties agree to the terms outlined in this contract.

[Company Name]
Signature: ______________________
Date: ______________________

[Client Name]
Signature: ______________________
Date: ______________________


Appendix: Definitions

  • Change Order: A written document outlining changes to the original project scope, timeline, or budget
  • Deliverables: The final products we create for you as specified in our agreement
  • Force Majeure: Unforeseeable circumstances that prevent fulfillment of the contract
  • Intellectual Property: Creative works that can be legally owned, including designs, code, and content
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jshmllr commented Mar 3, 2025

Still casual enough but added some key protections and flexibility.

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