When you’re serious about our services . . .

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  • Web Site Contract

  • This agreement constitutes a contract between

    HCH Limited / Timberina / Carmella Troisi-Hoerr

    AND

  • If for a Company or Organization, we need to know the official contact person. If an individual client, skip the Company/Organization box & complete the information requested below.

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  • Summary:


    We’ll always do our best to fulfill 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. There’s 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, termed above as the CLIENT, (“You”) are hiring Timberina, a division of HCH Limited (“We or Us”) to:

  • This was outlined in our previous correspondence & details of cost are included in our cost estimate. Of course it’s a little more complicated, but we’ll get to that. We will be providing you with a complete cost breakdown with this contract. Read on.

    What Do Both Parties Agree To?

    You: You have the authority to enter into this contract 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 them 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 be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

    We / 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.

    The Specifics

    • Design

    We create responsive websites that adapt to the capabilities of many devices and screen sizes. We create these iteratively so we won’t waste time mocking up every part as a static visual. We may use some visuals to indicate a creative direction (color, texture and typography.) You’ll have plenty of opportunities to review our work and provide feedback. We will share a Dropbox folder and use a development site so you can see what we’re doing as we’re doing it. And we’ll have regular, possibly daily contact.

    If, at any stage, you change your mind about what you want delivered and/or you are not happy with the direction our work is taking, let us know. If at any time, you decide that you don’t want us to continue, you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

    • Web Site Content

    We will be responsible for inputting text, images & function elements such as forms, social media feeds, maps, links, etc. on your website during the site build. We do expect you to provide us with the text you want on your web site. If you need professional copywriting and editing services, we can direct you to a service that can provide that for you. Once the site is built, unless you wish us to do so, we’re not responsible for inputting text or images on your web site. More on this later in the section titled Changes & Revisions.

    • Graphics and Photographs

    You should supply graphic files in an editable, vector digital format and you should supply photographs in a high resolution digital format. We will let you know what we need. 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 them but there will be an additional cost for that.

    • How The Web Site Is Built

    We deliver web page developed from HTML markup, CSS styling and appropriate scripts for additional features. In plain language, we build web sites using either the WordPress Content Management System or Xara Web Development software.

    • Browser Testing

    Browser testing no longer means attempting to make a website look the same in every web browser 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 many browsers or devices. We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla Firefox. We won’t test in older browsers

    • Mobile Browser Testing

    Mobile browser 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; Android - Google Chrome on Android Emulators. We don’t test in Blackberry, Opera Mini/Mobile, or specific Android devices, Windows or other mobile browsers.

    • Technical Support

    We’re not a website hosting company but do provide Standard & Managed WordPress hosting with hosting support via our affiliation with SiteGround Hosting. We will set up your site on a server, then offer support for your website hosting, including setting up unlimited email accounts and other services relating to hosting. Updates and management of that server will be up to us. We charge an annual fee of $125 per year for hosting. We included that as a line item in our cost estimate.

    If you do not wish to use our hosting service, that’s fine. It means you will need to secure the use of a website hosting company and if so, we can’t offer support for website hosting, email or other services relating to your hosting. Updates and management of that server will be up to you. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you do use another hosting service, you will need to give us information about & access to your service so we can properly launch your web site online.

    • Search Engine Optimisation (SEO)

    We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are very 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 elements we detailed in our cost estimate & need to produce to accomplish everything you’ve told us you want to achieve. We provide free revisions to pages you approved at the time of the site launch for up to 2 billable hours after your site is published.

    Additional Web Elements

    If, during the course of the site build, additional elements are included that have a cost, this cost will be discussed & agreed upon then added to the total cost of the site build. This may include Plug In's and additional site elements not part of our standard site templates.

    Additional Services

    We can’t predict what services you may need in the future concerning your web site. If you want or need anything not covered in this contract, that won’t be a problem and we’ll provide a separate estimate for any additional services.

    We’re happy to be flexible and if you want to change your mind or want to add anything new after your site is published, that won’t be a problem. We consider this billable hours & we charge $75 per hour for all our work. This is broken down then invoiced in 15 minute time blocks.

    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 amount 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.

    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.

    What that means . . .

    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. 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:

    You’ll own the website we design 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. We will make copies, but we’re not required to keep copies indefinitely. 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.

    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.

    Payment

    With our online form, we do not include the pricing specifics. We will be sending you a complete pricing document that spells out all costs. We ask that you READ this document before you complete this contract.

    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 following payment schedule.

    Payment Schedule & Details

    We issue invoices electronically and use PayPal for invoicing as well as for collecting your payment. Our payment terms are that payment is due 30 days from the date the invoice is submitted to you. We send all invoices at the end of the calendar month. We also reserve the right to charge interest on all overdue debts at the rate of 15% per month.

    The Horrible Small Print

    Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

    We both agree that we’ll 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.

    This contract stays in place and need not be renewed. If for some reason any 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 contract is a legal document under exclusive jurisdiction of United States courts.

  • The Dotted Line

    Everyone should sign and keep a copy for their records.

    Signed by and on behalf of company (“Us”)

    Carmella Troisi-Hoerr

    Carmella Troisi-Hoerr / HCH Limited / Timberina 44512 N. 18th Street New River AZ 85087

    carmella@hchltd.com / 602.206.4485

  • Signed by and on behalf of client (“You”)

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