Legal agreement (2023)
between Sea to Sky Web Solutions Ltd.
At Sea to Sky Web Solutions Ltd. we will always do our 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. We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
You ([customer-name]), located at [customer-address] (“You“) are hiring us (Sea to Sky Web Solutions Ltd.) (“Us“) to:
Develop and/or Design and/or Update one or more of your website/s and/or web applications
For a rate of $115 an hour, for regular office hours Monday-Friday, 9:00-17:00 (PST).
Server Recovery Data/Settings, Weekends, Statutory Holidays and any other task performed after 18:00 (PST), hours are billed at a rate of $150 an hour.
All rates are quoted in USD$ for all non-Canadian clients and in CAD$ only for Canadian clients. Bills are in 30 minutes increment.
Of course it’s a little more complicated, but we will get to that.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You will provide us with the assets and review the work we present to you in accordance with the timelines we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: At Sea to Sky Web Solutions Ltd. we have the experience and ability to do everything we have agreed with you and we will do it all in a professional and timely manner. we will endeavour to meet every deadline that’s set and on top of that we will maintain the confidentiality of everything you give us.
Getting down to it
At Sea to Sky Web Solutions Ltd. we develop look-and-feel websites, web applications, and flexible layouts that adapt to the capabilities of many devices and screen sizes.
You’ll have plenty of opportunities to review our work and provide feedback. We will either share a Google Drive, Google One folder or GitLab, Github, Bitbucket repository or development site with you and we will have regular, possibly weekly or monthly contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we have spent working with you until that point and terminate this contract.
Unless agreed separately, we am not responsible for inputting text or images into your content management system or creating every page on your website. At Sea to Sky Web Solutions Ltd. we provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Graphics and photographs
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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
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.
At Sea to Sky Web Solutions Ltd. we test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We will also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We will not test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
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. We test your website in:
iOS x: Safari, Google Chrome
Android: Google Chrome, Firefox
We will not test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows Phones or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We are not a web hosting company but at Sea to Sky Web Solutions Ltd. we do offer support for website hosting, manged web hosting, email or other services relating to cloud, managed or shared hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on any modern server, plus any statistics software such as Google Analytics and/or Tag Manager and we can provide a separate estimate for that. Then, the updates to, fees and management of that server will be up to you.
Search engine optimization (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. For good SEO results, content is the king and writing successful content will be up to you.
Changes and revisions
At Sea to Sky Web Solutions Ltd. we don’t want to limit your ability to change your mind. The hourly price at the beginning of this contract (which might change depending on inflation rates) is based on the number of hours/days/weeks that we estimate we will need to accomplish everything you’ve told us you want to achieve, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we will provide a separate estimate for those additional hours/days/weeks.
At Sea to Sky Web Solutions Ltd. we will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified company with relevant experience.
That said, we can’t guarantee that our work will 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, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we have 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.
Intellectual property rights
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 your good selves, 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 we are using their intellectual property.
At Sea to Sky Web Solutions Ltd. we guarantee that all elements of the work we deliver to you are either owned by us or we have 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. Provided you’ve paid for the work and that this contract hasn’t been terminated, we will assign all intellectual property rights to you as follows:
You’ll own the website we develop for you plus the visual elements that we eventually create for it. We will give you source files and finished files and you should keep them somewhere safe as we are 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.
We will own any intellectual property rights we have developed prior to, or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
At Sea to Sky Web Solutions Ltd. we love to show off our work, so we reserve the right to display all aspects of our development work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Surely you understand how important it is as a business that you pay the invoices that we send you promptly. As we are also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
We issue invoices electronically. Our payment terms are 15 days from the date of invoice by e-Transfer, IBAN or the BIC/SWIFT international payments system. All proposals are quoted in USD$ for all non-Canadian clients and in CAD$ only for Canadian clients, payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. If requested the appropriate bank account details will be also printed on the electronic invoice.
We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
If you are a bank or a financial institution the interest on all overdue debts is 24.99% per month or part of a month.
But where’s all the horrible small print?
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’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and needs 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 North America, U.S.A. and Canada, court of laws.
Signed by [Sea to Sky Web Solutions Ltd.]
Signed by and on behalf of [customer-name]