Between Wendy Shoef
And (You)
I’ll always do my 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. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You (“You”) are hiring me (Wendy Shoef aka Wendy Perkins) (“Me or I”) to:
Of course it’s a little more complicated, so let’s break it down.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review my 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 you selected.
Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you provide me.
I use Asana to manage the development of your website. Upon sign up, I will create a team and projects under my account and invite you to join. All tasks for the website will reside underneath my account. If you want to use your own Asana account, you may do so and we can work out the details of how you prefer me to be added.
I do NOT use email to manage website development.
If you use another project/task management program we can coordinate synchronization between them using YOUR Zapier account.
Requests sent via text or DM (Instagram, Facebook, etc) can get lost and forgotten about. Any requests sent using something other than Asana may not be completed unless you bring them up at one of our meetings.
I create designs that adapt to the capabilities of many devices and screen sizes. I create them iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (color, texture and typography.) I call that ‘style’ or ‘branding.’
You’ll have plenty of opportunities to review my work and provide feedback. I’ll create a subsite on my website that you will have access to review. During our video sessions, I will live edit so you can see many of the changes that are requested taking place in real time.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction the work is taking, you can pay me in full for the time I’ve spent working until that point and may terminate this contract.
If you choose to terminate the contract, all work completed will be itemized on a closing invoice for you. My hourly rate for website development is $150 / hour. However, my package prices have a much lower hourly rate so the closing invoice could end up being higher than the original contract. Because the process of creating a website as you are developing a business changes so much, it is impossible to estimate the total cost of hours that will be needed to create a website prior to having all of the details of the website identified. That is why the package includes the consulting and marketing services… so you can correctly identify the features that are needed for you to have the kind of online business you want.
Unless agreed separately, I am not responsible for any grammatical errors for content you give for your website. I do provide professional copywriting and editing services, so if you’d like me to create new content for you, I can provide a separate estimate.
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, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate.
Most of my clients use Crello/Vista Create or Canva to create their graphics. Graphics that you create using these systems are normally acceptable.
The CMS Platform that I use to host and maintain websites is WordPress.
I use the “Oxygen Builder” page builder and therefore all websites developed by me are custom and do not use a theme. If you are to terminate services with me, you will need to get a license for Oxygen and any dependent plugins in order for your site to work correctly.
There are many different plugins that I use and will give a list of all of them and what the cost for you is if you terminate my services. If you do decide to terminate services, I do offer a “severance” package for all of the plugins that are purchased using my developer’s license at a reduced rate, but not all of the plugins that are used on each website have a reduced rate.
Some of the plugins are specifically for use with Oxygen Builder (OxyExtras, OxyToolbox, Hydrogen, etc), others can be used with any WordPress website (LearnDash, Fluent Forms, etc).
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.
I test the work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won’t test in other older browsers unless we agree separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
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. I test my designs in:
iOS: Safari and Google Chrome
Android: Google Chrome
I won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agree separately. If you need me to test using these, I can provide a separate estimate.
I provide hosting and maintenance services which includes a vast array of technical support including setting up hosting, emails, and analytics. I’ll be happy to discuss and try my best to accommodate all technical support requests. If something is well out of the scope of this maintenance contract, then I will let you know and provide a separate estimate for that.
24/7 tech support is not within the scope of this contract so please do not expect me to be available at any moment of every day. However, since I use well developed plugins, there are numerous videos available online showing how to do (nearly) everything that I do. If there is an emergency, you will always have access to your website and have the ability to go in and fix things yourself or hire someone to do it for you.
Tech support requests will be addressed during our weekly meetings. I prefer tech support requests to be added to our Asana project.
I don’t guarantee improvements to your website’s search engine ranking, but the pages that I develop are accessible to search engines and use industry standard techniques.
I don’t want to limit your ability to change your mind but I reserve the right to do changes in batches rather than on demand. I request that you give me your edits/changes/content on a weekly basis. You can add everything to Asana as they occur to you, but they will be processed weekly.
You always have the ability to make changes on your own by searching Google and YouTube for instructions. Additionally, there are some training and instructional videos available in the online Success Creator Academy.
While it is not part of the contract, if you do require an immediate change because something important has come up I will always try my best to accommodate and will tell you if I can or can’t. If I can’t immediately help you, I will tell you when my earliest availability is.
Common requests such as creating templates, landing pages, newsletters, and scheduled posts take time. I have a bunch of tools (free and paid) that I share with you that you can use to help out with the process. This both empowers you to take some ownership in the content development and also speeds up development time.
For marketing and consulting, coaching, and online course materials please refer to the Terms and Conditions and Privacy Policy.
Coaching is a collaborative, solutions-based process that combines the following elements:
Most sessions will include an assignment/project for you to work on prior to our next session, as well as assignments to work on between sessions. Journaling is an integral part of my coaching methodology, so please have a journal ready to use prior to our first session, and please bring it with you.
You agree to be an active participant in the process.
Coaching can inspire many different feelings and thoughts, all of which are welcome during a session. I am not a therapist. You agree to seek appropriate care from a qualified professional, if needed.
If you need to cancel or reschedule an appointment, please provide at least 24 hours notice, and I will do the same.
Everything that we discuss during sessions or via email, including the fact of our coaching relationship, is strictly confidential.
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can’t guarantee that my work will 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, even if you’ve advised me of them.
Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’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.
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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, 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 I’m using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by us or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I 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, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
I sometimes show my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick to the payment schedule you have selected.
Upon checkout, you will be enrolled in an automatic renewing subscription based on the payment schedule you selected.
Receipts/Invoices are emailed to you.
If you need to change your subscription, payment method, or other account details, you have access via the “My Account” link at the bottom of my website.
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 will adhere to all relevant laws and regulations in relation to my 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 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.
