Between us Winbox Ltd
We will always do our best to fulfill your needs and meet your goals, but sometimes it's best to have a few things written down so that we both know what's what, who should do what and what happens if stuff goes wrong. In this contract you won't find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what's best for the safety of both parties, now and in the future.
You are hiring us Winbox Ltd located at 5 Dewfalls Drive, Bradley Stoke, Bristol, BS32 9BW to manage areas of your marketing activity as 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?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we'll need to complete the project - including images and other information - as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you'll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we'll also maintain the confidentiality of any information that you give us.
Getting down to the nitty gritty
Email newsletter design
We'll create designs for the look-and-feel, layout and functionality of your email newsletter. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions.
Email HTML and CSS layout templates
If the project includes HTML markup and CSS templates, we'll develop these using HTML and CSS2.1 and CSS3 for styling. The landscape of email clients and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of most of the major email clients to ensure that we make the most from them. Users of older or less capable email clients or devices will experience a design that is appropriate to the capabilities of their software.
We will not test old, marginal or abandoned email clients, for example, Lotus Notes 7 and below or Novell Groupwise, unless otherwise specified. If you need us to consider these older email clients, we will charge you at the daily rate for any necessary additional design work, development and testing.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra templates, or even add new functionality, that won't be a problem. You will be charged the daily rate. Along the way we might ask you to put requests in writing so we can keep track of changes.
We can't guarantee that our work will always 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 arising out of the use of, or inability to use our work, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Phew.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the email newsletter are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We'll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about email marketing.
We are 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 payment schedule of paying within 5 working days of the invoice, or preferably set-up a direct debit if payments are recurring.
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 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 under exclusive jurisdiction of the United Kingdom courts. Oh and don't forget those men with big dogs.