Mutual Agreement

Between us, Hodessy Digital (in person Stephen Osunwale) and you (hereby addressed as client, customer or simply “you”)

Summary

We will always do our best to fulfil 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.

In short

You are hiring us (Hodessy) located at Osogbo/Ibadan, Nigeria to design and develop a website for the estimated total price as outlined in our proposal and/or package. 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 organisation. 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 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
endeavour 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

Design

If we are designing your application we’ll create designs for the look-and-feel, layout
and functionality of your website. 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 at our standard design rates.

HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, we’ll develop these using
valid HTML and CSS code. The landscape of web browsers 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 all major desktop browsers to ensure
that we make the most from them. Users of older or less capable browsers or devices
will experience a design that is appropriate to the capabilities of their software.

We do not cater to people using Microsoft Internet Explorer 6 and cannot
predict the behaviour of that browser.

We will also test that these templates perform well on Apple’s iPad. We will not test old
or abandoned browsers, for example, Microsoft Internet Explorer 6 or 5.5 for Windows
or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise
specified. If you need us to consider these older browsers, we will charge you at our
standard old browser rate for any necessary additional design work, development and
testing.

Text Content

We may have written a hundred blog posts but we’re not responsible for writing or
inputting any text copy unless we specified it in the original estimate. We’ll be happy to
help though, and in addition to the estimate we will charge you at our standard copy
writing or content input rate.

Photographs

You will supply us photographs in 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 discovery rate. 

Changes and Revisions

Our packages are based on the assumption that your website requirements are basic and nothing too complex is involved. However, for customers whose requirements go beyond basic, we offer a quote based pricing which is based on the amount of work 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 pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. 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 cancelled. 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, you might even manage that
hosting in-house; 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 set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics, then the updates to, and management
of that server, plus any support issues will be up to you. For basic websites only, we offer affordable hosting starting at only $200/year.

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed website 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 operation of or inability to operate this website and any other web pages, 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!

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or
other artworks that you provide us for inclusion in the website 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 websites, in magazine articles
and in books about web design. (We are open to considering an NDA in special circumstances)

Payments

 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 following payment schedule.

(If you have selected any of our packages, 100% payment is required before we start working on your project)

NB: If you are unable to supply all of the right content at this stage, 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. 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. If the final invoice is not paid within the credit
terms we have given you, we are under no obligation to keep the site on our testing
server or continue with the project in anyway.

Refunds

Check our Refunds Policy Page

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 courts of the Federal republic of Nigeria.