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Killer contract

Date: 26/03/2008

Between us [company name]
and you [customer name]

Summary:

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large 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 ([customer name]) are hiring us ([company name]) located at [address] to [design and develop a web site] for the estimated total price of [total] 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 need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will 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 will also maintain the confidentiality of any information that you give us.

Getting down to the nitty gritty

Design

We will create designs for the look-and-feel, layout and functionality of your web site. 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 the daily rate set out in our original estimate.

XHTML/CSS layout templates

If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a Ê»similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Text content

We may have written a best-seller 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 [price] per hour for copy writing or content input.

Photographs

You will supply us photographs either in digital or printed 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 [price] per hour.

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 pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical support

You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, 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 Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.

We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you [price] per hour.

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed web site 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 web site 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 artwork that you provide us for inclusion in the web site are either owned by your good selfs, 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 will 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 that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML 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  also 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 web design.

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.

[Payment schedule]

But where is all the horrible small print?

Just like a parking ticket, you cannot 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 [English] courts. Oh and don’t forget those men with big dogs.

The dotted line

Signed by and on behalf of [company name]
Signed by and on behalf of [customer name]
Date [date]

Everyone should sign above and keep a copy for their own records.

So the very first version of Get In™ is a reality – but what the hell is it all about?

Well,  the general concept of Get In™ is based on a strong believe that today the name of the game is DATA and thinking-by-the-numbers is new way to be smart.

In field after field, traditional experts who base their predictions on intuition and experience are losing out to Super Crunchers – masters of the algorithmic mindset, who gathers and analyzes data in ways previously thought impossible.

Get In™ is all about helping sports freaks locate, analyze, decide on the outcome of sports events (premiere league is first) faster and with more success through a unique combination of social and scientific prediction methods.

Go predict – Get In™

We live in fast, superficial times. Since someone decided that all information should be free we have been flooded with more badly written, half-witted copy than anyone would care to read (actually we have, and the results were pretty bad*).

Great communication takes love, skills and time. Most people do not love words (at least, not like we do), most people have forgotten how semantics work (we even know what it means), and most people are just too stressed out to care for their writing (of course, we feel different). In short: Most people need help.

So how is Wordy going to change my world?

Wordy is going to change your world one sentence at a time. Send your text to Wordy, and we will nurture it, make it happen, make it perfect – in a matter of moments. At a bargain price, too!

Now start noticing how people love your ideas, love your proposals, love your applications, love your PowerPoint’s, love your design, love your brochures, love your dissertations, love your e-mails, love your notices! And why? Because now your text is filled with the impact and authority that makes every single aspect of your thoughts stand out!

Welcome to the world of Wordy in deed!

In field after field, traditional experts who base their predictions on intuition and experience are losing out to Super Crunchers – masters of the algorithmic mindset, who gathers and analyzes data in ways previously thought impossible.

Get In™ is all about helping sports freaks locate, analyze, decide on the outcome of sports events faster and with more success through a unique combination of social and scientific prediction methods.

For more info contact: Henrik Lykkesteen / hvl@getinlive.com

This is sneak peak two of Bettii.com: Scientific Sport Predictions. Launching August 10th 2009. Get In! This is an early-early sneak peak of the Bettii platform. We’ll post new videoes as we implement more cool features….

This is an awesome new start-up for all the sports fans out there. Go sign-up for Bettii.com.

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Our dear leader, visionary and founder, Morten E. Wulff gives his personal opinion on what is going to happen in 2009.

1. After closing down a dozen of expected future revenue driving projects Google will shift all resources into their core business, online advertising. In Google terms this means more of the old “all agencies are middlemen and we want to destroy you.
2. The transformation from analogue to digital will culminate with the fall of traditional newspapers like Berlingske / NYT and with online passing TV as biggest advertising medium.
3. After experiencing losses all over the line and with increasing pressure from Google Docs and Zoho on the Office Suite M$ will pull out for advertising trying to save their core business.
4. The average tenure of a CMO will decline from 18 months to only 6 months. If you know abouth super crunching data, green, online, and mobile then your chances are good though.
5. Science will be the new creative, and companies like Salesforce, Omniture, and TraceWorks will thrive
6. Interactive agencies will thrive. The not so interactive will die. The smaller agencies only doing one thing will die (e.g. 1:1 communication agencies and PR). The bigger agencies working cross channel (display, search, social, mobile etc.) will explode in success.
7. Facebook will keep on surprising everyone growing into the most celebrated and popular media destination of all while becoming the 2nd biggest online advertising vehicle (will surpass Google 2010).
8. The iPhone will also keep surprising everyone with e.g. 1/3 of all visitors to Facebook using an Iphone. N.B. The CMO that understands how to utilize mobile have a chance not to get sacked.