In this increasingly unpleasant litigious society of ours it seems everyone is reluctant to perform their day to day work without some sort of a legal contract in place. In my opinion the “legalese stuff(iness)” can leave our heads spinning and take away from the enjoyment of our work. Rather than referring to this as a contract I prefer to approach the documentation on this page as a mutually binding agreement of trust and respect. I will not oblige you to sign anything. An old fashioned word of honour and a handshake is good enough for me if it is also acceptable for you. However, all that said, a design and development process from inception to completion is complicated so if you feel more comfortable with a written contract I will be glad to accommodate your request. The choice is yours.
In addition to the design and development agreement outlined on this page Ataraxis Web Design is agreeable to conform to a non-disclosure agreement to protect any proprietary or strategic business information of a Client. A Client will be responsible for providing any documentation to cover any such requests.
Definition Of Purpose And Business Agreement Between Ataraxis Web Design And Any Client
Ataraxis Web Design is in the business of designing, developing, and hosting websites. A Client hires Ataraxis Web Design as an independent contractor to design, develop, and/or to provide managed web hosting services. Ataraxis Web Design acknowledges that all work performed on any project or through managed web hosting services are provided with the understanding that Ataraxis Web Design will act as a contractor to any Client. It will be the solely responsibility of Ataraxis Web Design to collect and remit any applicable provincial or federal employment taxes, provincial sales taxes, as well as goods and services taxes.
Web Design Consulting Phases
My Internet information technology work revolves around three phases of consulting as well as the design and development life cycle. Phase One of the consulting process provides a Client an opportunity to gain a full understanding and appreciation of the potential benefit to be derived from an Internet presence to promote their work. At phase one a Client will know whether or not they should proceed with a project. Phase two is a time for Ataraxis Web Design to perform research to prepare for project development. Phase three produces the website design blueprint report. Please read my Web Design Consulting discussion for a greater in depth understanding.
Total Project Design And Development Time Line
Design and development time lines are unique for each project. Ataraxis Web Design breaks down the process into three phases;
- It begins with the previously mentioned consulting phases where items such as purpose, goals, structure and number of pages is determined and project blueprint is produced (3 day process, not necessarily consecutive because it is dependent on Client response time).
- Design phase (technical artistry) where interaction between the Client and Ataraxis is necessary to establish foundation of website layout, colour theme, images and such (up to 7 days allotted for this stage).
- Development phase where the site content is coded into hypertext markup language (html) and/or any necessary server side scripting and/or programming as well as database development is performed.
Each project is influenced by a multitude of variables. It is not practical to try to assign a completion time line before all requirements have been assessed and discussed. A Client will be provided with a project completion estimate at the design consulting stage of the project. Any such estimate can be adversely affected by change requests initiated by a Client. As an estimate though, once all site material has been submitted by the Client it should take 30 days days or less; depending on the number of pages required.
It is not uncommon to have to make adjustments to elements or content of a website during development or post-production to a live website. Any such requests will be handled on a case by case basis. If the nature of the Client’s request is minor no project surcharges will apply. However, if a change request is deemed to be significant a Client will be provided with an explanation as to why it is and that a surcharge will apply. The surcharge is dependent on whether the change request affects a single page, multiple pages, or the entire website. If the change request is due to an error or oversight caused by Ataraxis Web Design then no surcharges will apply. Post-development change requests will be covered under the Managed Web Hosting Agreement.
Post Development / Pre-Delivery Site Testing
After development has been completed successfully a website will be put through a series of tests to ensure that everything is performing to expectations prior to uploading a live production version to the Internet:
- All pages will be proofread and spell checked whether copywriting is produced by Ataraxis Web Design or by the Client.
- All pages will be validated for conformance to W3C Document Type Definitions (DTD) selected for use in the document through the W3C Validation Service.
- All internal and external links, including to internal images and bookmarks, will be validated through the W3C Link Validation Service.
- Any server side database connections will be demonstrated to be functional and performing as expected.
Responsibilities Of The Client
A Client agrees to provide the agreed upon content for the website as determined during the web design consulting phase in a timely manner. After acceptance of Phase 3 of the web design consulting process the Client will provide copy written documentation, logos, images, audio or video files, databases, and any other content deemed necessary. All this material must be received by Ataraxis Web Design in electronic format or else there will be a surcharge to convert it into a workable electronic format. The aforementioned does not apply if it has been previously agreed that Ataraxis Web Design will produce all or some of the web site content. Timely receipt of this data is critical to project time line completion.
Copyrights And Trademarks
By entering into a project agreement with Ataraxis Web Design a Client is bound to an unconditional guarantee that all elements of text, image graphics, audio or video files, or other artwork provided to Ataraxis Web Design by a Client for inclusion in webpages are owned by the Client, or that the Client has obtained all necessary permission and/or waivers from the rightful owner to use any of these elements. Any referenced trademark images, names, or terms must be indicated at point of use by applying the “™” symbol and acknowledged in the webpage footer. A Client agrees to protect and defend Ataraxis Web Design from any claim or suit of wrongful use of any such material.
All copyrights to any text, image graphics, as well as audio or video files produced by Ataraxis Web Design will be assigned, and become the rightful intellectual property of a Client, at the time that full project payment has been received by Ataraxis Web Design. All server side applications which are not owned by Ataraxis Web Design, but are used as per applicable licence agreement, are for Client use only; any and all such server side applications remain the property of their respective owners.
Post-Development Managed Web Hosting
The Client understands and acknowledges that upon completion of the development phase of the project a web hosting account will be created for the Client on the private web server of Ataraxis Web Design. From that point onward all business transactions between the Client and Ataraxis Web Design will then be governed by the Managed Web Hosting Agreement. All Clients who have had a minimum ten (10) page website designed and developed by Ataraxis Web Design will be entitled to free web hosting for a period of one (1) year beginning on the day the website is ready to go live. This free hosting offer is only valid for hosting a completed website on the private server of Ataraxis Web Design. These private name servers are known and designated as NS1.ATARAXISWEBDESIGN.COM & NS2.ATARAXISWEBDESIGN.COM and are physically located within the Greater Toronto Area of Ontario. At the end of the 1 year free web hosting period the Client may choose to subscribe to a Managed Web Hosting Plan at regular rates.
If a Client chooses to host their website with an alternative choice web hosting provider Ataraxis Web Design cannot be held responsible for poor website performance caused by potentially unreliable third party web hosting services. Additionally, if the Client wants to have the one (1) year post-development free maintenance portion of the design and development project fulfilled while hosting the site with a third party hosting company the following conditions must be met:
- The Client will be responsible for arranging their web hosting service and hosting account setup.
- A user account with full administrative rights must be created within the domain for Ataraxis Web Design to facilitate data file transfers and site maintenance of website data files.
- Ataraxis Web Design will not be responsible for setting up any email addresses or databases on any third party web hosting server.
- Ataraxis Web Design cannot be held responsible for loss of data hosted on third party servers, it will be the responsibility of the domain owner (Client) to ensure regular backups are performed.
- All technical support requests related to the third party server environment variables, applications, and performance (or lack of) must be directed to the technical support team of the third party hosting company.
- Ataraxis Web Design cannot be held responsible for improperly functioning server side applications on a third party web hosting company server even if those occurrences adversely affect the functionality of a website. It is the responsibility of the Client to resolve any such potential issues through the technical support channels of any such third party hosting company.
- Ataraxis Web Design is under no obligation to communicate or interact with any third party entities.
- Responsibility to a Client is limited to the electronic data files produced by Ataraxis Web Design.
As I’ve mentioned elsewhere on this site I am committed to post-development continued support to ensure you are always satisfied with the service and attention you receive. Rather than subscribe to a third part hosting service I encourage you to trust your ongoing site maintenance to Ataraxis Web Design so you need not be concerned about details such as the ones mentioned in the above bullet list.
Design And Development Fees / Prices / Rates
All financial information for the entire scope of services offered by Ataraxis Web Design is outlined and detailed on the Prices / Rates page of this website. After an initial consultation as outlined on my Web Design Consulting page, but prior to beginning any project, a Client will receive a written estimate of the total project cost from inception to completion. You will not find any “web design package rates” because all design and development work performed by Ataraxis Web Design is customized to your precise requirements. Nor will I ask you what your budget is; I do not own a pegboard to try to squeeze you into. You are unique, your work is unique in it’s own way, and my personal and dedicated attention to detail will also ensure that your site is unique.
The Last Word
Despite my efforts to address any potential conflicts that may arise out of this Web Design And Development business agreement Ataraxis Web Design reserves the the right to amend this agreement without prior notice. Any such amendments will be posted here on this page. The date of last revision is indicated in the heading at the top of the page. It is the responsibility of the Client to keep up-to-date with any changes that may or may not be applicable to their situation.
If a dispute should arise as a result of misinterpretation of documentation on this page all reasonable efforts will be made to resolve the matter in a mutually agreeable manner. Any amendments to this page will only be made after any such disputes have been acknowledged via electronic mail (email) with the affected Client. Upon acknowledgment, but possibly prior to a resolution, this agreement may be amended to prevent any more potential similar occurrences with future Clients. In simpler words; an amendment will not be made simply to try to evade an outstanding issue without first acknowledging it so that it has been documented.
If any disputes of this designing and developing agreement should get out of control to a point where it can only be resolved in a court of law then it will be addressed in the City of Brampton, Region of Peel, Province of Ontario, Country of Canada, Planet Earth, Third Rock from the Sun.
Not withstanding any earthly court decisions, vindication and absolution will be determined through the Akashic Records transcribed in the ether at a future time unknown to either party of the dispute 🙂