Thank you for taking the time to discuss Fractyl Media’s web development services. Based on our experience at Fractyl Media, we are confident we can significantly increase your site traffic, customer engagement, and on-site conversions within our time working together on this project. Your investment in your business’s digital identity will most definitely see return.
Based on your current digital needs, our recommended approach will focus on website design, development, ongoing management within reason, and website hosting. Our tried and true methodologies will attract high quality traffic to your site through content that’s valuable to your target audience.
We employ a wide range of research tools to develop a comprehensive website development strategy that will meet your expectations. If you have any questions or concerns about this proposal, please don’t hesitate to email me at email@example.com.
Founder & CEO, Fractyl Media
|Fulfillment of Order||1-5 Days|
|Drafting of Site Plans and Specifications||1-3 Days|
|Finalization of Site Plans and Specs
Transferring of Logo Files, Site Content, Login Credentials, Etc.
|Creation of Domain (Optional)
Allowing for Propagation Time
|Creation of Site, First Draft||3-5 Days|
|Approval / Revision Requests on Site, First Draft||3-5 Days|
|Revisions / Final Draft||3-5 Days|
|Site Migration (If Necessary)||1-3 Days|
|Completion / Review / Second 50% Payment||1-3 Days|
* Time estimates assume prompt responses, action, and overall cooperation of client*
|Expense||Our Typical Cost||Our Discounted Cost For You|
Homepage + 3 Pages
|Extra Page (x4)
Any Pages In Addition to Homepage + 3 Pages
|$25/mo Retainer + Hosting
Billed Monthly or Annually
NOTE: THIS IS A SAMPLE CONTRACT – WE ARE NOT LAWYERS AND RECOMMEND YOU HAVE YOUR OWN LEGAL COUNSEL REVIEW ANY CONTRACT PRIOR TO SENDING OUT.
Contract Details With Signature
You, The Client, are hiring Fractyl Media to perform Digital Marketing for the estimated total price of $2,700.00 as outlined in our previous correspondence.
1.0 Services Rendered
DIGITAL MARKETING STRATEGY & MANAGED SERVICES
We’ll deliver a digital marketing strategy and deliver on previously determined materials. After the strategy is approved, all associated content will be delivered within projected estimated time periods unless further notified, based on the timeliness and cooperation of client.
We can’t guarantee that our work will be error-free (we’re human!) so we can’t be liable to you or any third-party damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliveries listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and other outlets to cooperate with us in expediting work.
3.0 Charges for Services Performed
Requests above and beyond those listed in the budget may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Fractyl Media.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
THE TOTAL BUDGET FOR THIS PROJECT: $2,700.00
Fractyl Media will invoice the client for fifty percent (50%) of the initial fees at point of this signed contract agreement which will act as the deposit. The remaining 50% will be billed at the conclusion of the previously established services.
The client will supply Fractyl Media with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).
4.2 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within unpaid balance not in dispute, to cover the manpower, interest, and other costs Fractyl Media pays for carrying overdue invoices from the client. In addition, Fractyl Media reserves the right to stop work until payment is received.
4.3 COLLECTION COSTS
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel, or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify, and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.0 Responsibilities of Fractyl Media & The Client
6.1 FRACTYL MEDIA’S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (if applicable).
6.2 THE CLIENTS’ RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have legal permission to use them. Then when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images, and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitute a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
Fractyl Media acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Fractyl Media on behalf of the client or disclosed by the client to Fractyl Media.
8.0 Term & Termination
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of [date* agreement_date placeholder “Enter Date”] and shall continue until terminated by either party upon not less than 30 days’ notice in writing given by either party to the other, unless project estimated time frame is less than 30 days in length.
8.2 TERMINATION FOR CLAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its its obligations to makes payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography, and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of The Client, that any such materials and services, are non cancelable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this Agreement, provided that there is no outstanding indebtedness then owing by The Client to Fractyl Media, Fractyl Media shall transfer, assign and make available to The Client all property and materials in its possession or control belonging to The Client. The Client agrees to pay for all costs associated with the transfer of materials.
9.0 General Provisions
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of Cincinnati, Ohio.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
- Please read the contract on the previous page to make sure you understand all the details involved with us working together. It’s really important to us that everything is transparent and understood from the beginning so that we lay a solid foundation for a great working relationship.
- If you have any questions at all, please let us know. We’re happy to clarify any points and there may be some items that we can sort out together. We’re committed to finding the best way to work together.
- Once you feel confident about everything and we are ready to move forward, please provide your authorizing and agreeing signature on the ‘sign here’ line below (either digitally, or written and scanned).
- Signing below makes the acceptance official.
- Once we receive notification of your acceptance, we’ll contact you shortly to sort out next steps and get the project rolling.
- Our next action will include sending the invoice for the deposit, which is 50% of the initial fees.
- We will not be able to start working until the invoice is accepted and the first payment has been made.
- If you’d like to speak to us by phone, don’t hesitate to call.