Between us, Blue Drop Design LLC and you, CLIENT, on the date you purchase your website.
Summary
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.
In short
You are hiring us (Blue Drop Design LLC) to develop a website based on a template of your choice (built by Elementor) for the total price listed in our store, paid before work begins, unless you’ve made other written arrangements with a representative of Blue Drop Design. 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 text, 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. 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 in 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.
Getting Down to the Nitty Gritty
Design
If at any point you’re not happy with what we’ve done, your investment in this project is non-refundable. If something is out of the scope of our project, as determined by Blue Drop Design, you may continue to commission us to make further changes or additions at our standard rate.
We cater especially for people using the most up-to-date Safari and Chrome, on a Mac, iPad, and most recent iPhone. We cannot predict the behavior of other browsers or other devices, but your website is likely to function well on other devices as well. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Text Content
We’re responsible for inputting text or images into your template, assuming you give us your content in a timely manner and how we ask for it. We’re also responsible for creating the pages we agreed to for your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content beyond this scope for you, we’ll provide a separate estimate.
Photographs
You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard rate. You agree that you own the rights to all of the photos you give to us.
Changes and Revisions
Once we’ve worked our magic and created your designs (most likely on a live website) we’ll send them to you for feedback within 10 business days and as per our instructions. If we don’t hear back after 10 business days, we’ll assume that you love your new website (of course you will!), we’ll hand over the keys, and you’ll be responsible for managing your website from that point forward unless you’re subscribed to one of our Client Care Plans.
A round of revisions is a single email that includes all of the changes you need to be performed.
We include one round of revisions as part of our fixed-rate projects, subject to our approval exclusively (to ensure that it is not out of the scope of work that we previously defined), with additional revisions charged at our hourly project rate. Please ask us for our current hourly rate.
We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
Technical Support
You may already have professional website hosting. If that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can help you set up an account with our preferred, third-party hosting provider. We are not a website hosting company and we do not offer or include technical support for website hosting, email or other services relating to website hosting.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or you have 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.
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 are not required to keep anything we create for this project 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 also still own all of our accounts, even if we let you use them, or sell access to them. If you would like to use our accounts after launch, you must purchase access.
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 any other medium including YouTube, and we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, in books, and any other medium. We retain an irrevocable and nontransferable right to copy, display, and distribute anything regarding this project.
Payments
We will start a project once 100% of the investment is made unless other written arrangements have been made.
If you are unable to supply all of the right content once we have finished uploading your template, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice, if needed. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready.
Legal stuff
Just like a parking ticket, you can’t transfer this contract to anyone else without our written 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.
If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranty Disclaimer
Blue Drop Design makes no warranty in connection with the provision of services and deliverables hereunder and disclaims all implied warranties, including without limitation warranties of merchantability, merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
We can’t guarantee that the functions contained in any web page template or in a completed website will always be error-free and so in no event will Blue Drop Design be liable, under any contract, negligence, strict liability or other legal theory: (a) for any special, consequential, incidental or indirect damages (including without limitation loss of profit or data) arising out of this agreement, whether or not we have been advised of the possibility of such loss; and (b) in any case, for damages in excess of any amounts paid by client under this agreement. These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
Amendment and Waiver
No changes, modifications, or waivers may be made to this Agreement unless in writing and signed by both parties. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
Entire Agreement
This Agreement supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of this Agreement, and all past dealing or industry custom.
This contract is a legal document under exclusive jurisdiction of the courts of Franklin County, Ohio, USA.
You also agree to our Privacy Policy and Terms.
To approve this contract with Blue Drop Design, purchase your website.