Between "us", Indy Web Designers, and "you",
You, , are hiring Indy Web Designers LLC to perform marketing and website design services.
Together (Indy Web Designers and ), we will work through the StoryBrand framework to come up with branding messaging for your company.
We will do this via an in-person or video meeting. During the meeting, we will start by identifying who your ideal customer is, what's the problem they're trying to solve, and how you're best suited to help them solve it. Then we'll clarify what your plan you have for them to do business with you, your call to action for them, and end with sharing what their success looks like after doing business with you and what failure looks like if they don't.
Wireframing is the process of outlining the words that will be on the page. This proposal/contract is for the wireframing of the main landing page of your site. Sub-pages are usually simpler and don't require wireframing. If you'd like us to wireframe additional pages, we would be happy to provide a separate estimate for that.
We will work with you to create a general outline for the
following areas:
• What is your main call to action
• The wording for your main header sections
• The value proposition for the customer
• An easy plan for your customers to start doing business with you.
• Which testimonial quotes or videos to include
• And a longer explanation of the products/services you provide
• A reminder of the costs (or pain points) the customer will experience if they pass up doing
business with you
• And (if applicable) a section showing different pricing options the customer can choose from
We will then work on further refining the web copywriting from the outline discussed with you.
At the completion of the project, we will provide you with the original outline in a PDF format to review.
DESIGN
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes.
TEXT CONTENT
We'll be using the copy from the BrandScript from the Brand Messaging phase as source material for the copy for the main landing page of your site. We will rely on you for the content of interior pages and offer some minor wording edits. If you'd like us to help you with the BrandScript process for specific products or services you have, we're happy to provide a separate estimate for that.
PHOTOGRAPHS
You’ll need to supply graphics and a logo file to us in an editable format; preferably vector files. Photographs provided must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. If you would prefer that we choose the stock photography for your project we will be happy to do so and will include the associated costs in your project fee.
BROWSER TESTING
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. We'll test your site on a variety of devices and browsers to ensure the experience is consistent across most of the devices people use today.
TECHNICAL SUPPORT
Indy Web Designers is not a website hosting company. We purchase AWS (Amazon Web Services) cloud-hosted data storage from SiteJet. While they provide 99.9% uptime reliability, we do not have direct access to the AWS servers. We rely on SiteJet to provide this technical support and we will contact them on your behalf if any issue arises.
Your post-launch monthly fees include website updates and support. If at any point in time after we launch your website you would like to request a change, simply send us an email detailing the requested change. We do everything in our power to make changes within 48 hours. Some changes or fixes may take longer than 48 hours. If we plan on a longer timeframe, we will let you know.
CHANGES AND REVISIONS
During the initial development of the site, will have up to 2 rounds of revisions before the site is final. The price at the beginning of this contract is based on the length of time 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 to cover the additional work if necessary.
ERRORS
Your website will be of the highest quality, guaranteed. However, we can’t guarantee that our work will be error-free (we’re human!) 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. We will though to the best of our abilities work to make sure services rendered are error-free. We will rely on you to point out any errors during the revision phase before delivering final products/services.
We will work with you on the main outline of the download. Then we'll write and design a beautiful magazine-style 2-3 page PDF. We'll then help you set up your website to feature the lead generator, gather qualified email addresses, and deliver the PDF to those customers.
All initial and/or ongoing costs for hosting the PDF online or for the email service to deliver the PDF is the responsibility of .
We will create for you a customized email sales campaign to include 5 emails. Together we'll determine the best topics for the content of each email. We will deliver a text document of your full email series. Each email will include the timing for when it should be sent, the subject line, objective of the email, copy, and who it should be sent from.
In addition, if you don't currently have an email platform, we will recommend some options and help you get set up on that service. We recommend MailChimp as a starter option and ConvertKit for companies that want more flexibility.
All initial and/or ongoing costs for email delivery service is the responsibility of .
Indy Web Designers will provide with marketing coaching or additional marketing work for up to 10hrs/mo.
Phone calls or meetings use up the hour allotment equal to the length of the call/meeting. For other projects, you may ask us for an estimate of the time needed to accomplish the project before assigning work to be done. If during the process of working on a project we anticipate the actual time it will take to complete the project will exceed the estimated quote, we will communicate the new estimate and wait for guidance as to whether to proceed or not. If a project's estimated or actual time will exceed the allotment for the month an amendment to this proposal will be sent for the additional hours.
If the monthly allotment is used before a project is complete and you choose not to hire us for additional hours, all work done to that point will be transferred from us to you.
Unused monthly allotment hours can not be carried over, and will not be refunded. The monthly allotment begins and renews (for multi-month contracts) as of the signed acceptance of this proposal.
MUTUAL COOPERATION
We agree to use our best efforts to fulfill and exceed your expectations of the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur a fee to resume work at the discretion of Indy Web Designers.
BILLING SCHEDULE
To maintain a positive working relationship and keep the project moving forward, please stick to the following payment schedule.
(50%) of the total budget at the point of this signed contract agreement which will act as the deposit.
The full invoice must be paid before the project is launched and/or full collaterals are delivered. Indy Web Designers retains all copyrights to work produced until full invoice is paid.
For multi-month Marketing Coaching contract work, invoices will be sent each month at the cost per month based on contract length. Payment in full is required upfront for each month before services are rendered.
will supply Indy Web Designers with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).
CANCELLATION OF PLANS
If at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that point and then cancel this contract. At that point, we can create a new scope of services and contract for future work. If the invoice has already been paid in full, a prorated refund will be processed based on the percentage of work already done.
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
INDY WEB DESIGNERS RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by or that you have permission to use them.
CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
CONFIDENTIALITY
Indy Web Designers acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Indy Web Designers on behalf of or disclosed by to Indy Web Designers.
PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of the signing of this contract and shall continue until terminated by either party upon not less than 30-days notice in writing given by either party to the other.
TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within the said period of time unless the defaulting party commences cure within the said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction if the other party makes an assignment for the benefit of creditors if a trustee or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the , that any such materials and services are non-cancelable.
MATERIALS UNPAID FOR MAY NOT BE USED
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
TRANSFER OF MATERIALS
Upon completion or termination of this agreement, provided that there is no outstanding indebtedness then owing by to Indy Web Designers, Indy Web Designers shall transfer, assign and make available to all property and materials in its possession or control belonging to .
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 that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
agrees to pay for all costs associated with the transfer of materials; including but not limited to hard drive storage, online storage, subscription services, or royalties. Upon full payment for services rendered, copyright shall transfer from Indy Web Designers to . Indy Web Designers also retains the right to showcase work completed in our own marketing efforts including adding a link to our website in your footer.
GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and the United States.
REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such an instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
