Summary:
I’ll always do my 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. I’ve no desire to trick you into agreeing to something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You are hiring The Website Cannon to provide you with print and digital media services each month on a continual basis until this retainer is canceled. The rate and number of hours to be included in the retainer will be agreed upon by email so we each have a record of it.
Of course, it’s a little more complicated, but I’ll get to that.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client agrees to proceed with a monthly retainer via email then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted these terms and conditions.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. My aspects of service are contingent upon receiving any/all proper material to complete the work. If required you’ll review my work, provide feedback and approve in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together.
Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. If I cannot complete the task personally I have contractors that are capable of completing the task. I’ll endeavor to meet every deadline that’s set and on top of that, I’ll maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
Hourly Web Design & Development Services
By agreeing to a retainer with me you also agree to my hourly web design & development services terms and conditions. You can view a full copy of those terms and conditions on the following page: www.thewebsitecannon.com/hourly-services-terms-and-conditions.
Retainer Hours
I will work a fixed number of hours for you each week or month as agreed in our email correspondence. The number of hours included in the retainer can be adjusted each week or month, however I will require at least 7 days notice before the start of the new month as I will need to ensure I have the capacity to take on any additional work or adjust my schedule if the workload has decreased.
Pricing will depend on the size of the retainer, the larger the retainer the larger the discount. Pricing will be agreed on by both parties before the start of the retainer.
Whilst our agreement will be for a set number of hours each week or month, the actual number of hours worked may vary. For example, if there is a particularly large amount of work to complete one month then I may go over the agreed retainer hours, similarly if there is a quieter month I may work less. This is to be expected and I make sure it evens out over a 3-12 month period so the average hours worked will be close to the agreed amount.
If you require more work from me than your retainer permits during the month then I will do my best to accommodate this. You will be charged my standard hourly rate for any work provided outside of your retainer. If our retainer agreement is canceled then you will still be liable for any additional hours that might have been supplied beyond the agreed retainer.
If I feel the size of your retainer is not appropriate for your requirements then I may make recommendations for changing the number of hours supplied.
Time Logs
At the end of the week or month you will receive an invoice for your retainer, in addition to a description of the work completed. A full-time log outlining how long was spent working on each task can be provided upon request.
Time spent working on tasks is recorded in 15-minute increments.
Meetings
If you would like to have a meeting to discuss anything then that won’t be a problem. Simply get in touch and we can arrange a meeting for when we are both free. It would be appreciated if you could give me at least 3 business days notice if you require me at a meeting. I will always do my best to try and accommodate, but if I am not given enough notice I can’t guarantee my availability.
Time spent in, and traveling to and from meetings will be deducted from your monthly retainer hours.
Cancellation
Should either of us need to terminate the retainer agreement between us, it can be done so on 30 days written notice.
In case of termination, I will make every reasonable attempt to finish any work currently in progress.
Legal stuff
I can’t guarantee that my work will be error-free and so I 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 me 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.
Payments
Print and digital media services are charged at an agreed hourly rate, billed in 15-minute increments (rounded up). You will receive an invoice around the start of the weekly or monthly billing for any work carried out at your request during the previous weeks/month.
I’m sure you understand how important it is as a business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay in good standing, you agree to stick tight to the 30-day payment terms for invoices you may be issued.
If I’m not paid in accordance to the agreed payment terms then I reserve the right to charge 8% interest plus the US Federal Reserve base rate on any overdue invoices, I will also be entitled to claim compensation for any debt recovery costs I may incur in chasing and collecting the debt owed.
Changes to these Terms and Conditions
I reserve the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to view on my website.
Last Edited: 01-11-2021