Approval of this document is required prior to commitment of your web project.
Building a website is like building a house. There’s the design stage (architect drawings) and then there’s the construction phase. You can’t expect to make changes to the architectural plans once construction has started and not have consequences. Likewise in web development, once construction has started any design changes may have consequences which can result in delays and expense.
Mindbend’s working model is to prepare a design document (PDF) which is a visual representation for how your site will look including notes for how things will function (like menus, rollovers, animations, etc.). For sites that are heavily driven by functionality, we may provide a walk-through document which describes the user experience such as what happens when they click a certain area. Once these are approved, we move on to actually building the site. It is very important to properly review these documents since any changes may incur delays and additional expense.
Changes which are simple in principle cannot be assumed to be simple in practice. Assume that any change requested after initial design approval can be major and therefore billed accordingly.
Price Quote/Contract
Walk-through Document (where applicable)
Design Document (where applicable)
Finished Site
OPTION A:
OPTION B:
Monthly retainer (Flexible terms)
Mindbend reserves the right to withhold final posting of a website pending final payment. Mindbend considers the web project to be owned by Mindbend until final payment is received. Upon final payment, all website development content is fully owned by the client and can be provided to client upon request.
Mindbend will provide an official quote for your project prior to development.
If the client is willing to place a credit to Mindbend on the live site, we can negotiate a reduction in the overall project price.
Sometimes Mindbend is willing to reduce the development costs to below normal rates. In such cases, Mindbend will retain ownership of all site content and development files. Client can obtain content and development files by paying the difference between the negotiated price and the actual development time costs.
Mindbend prefers to stay at least current if not cutting edge. Mindbend does not explicitly support development for the Internet Explorer 6 (or earlier) web browser. If a client needs to support this browser specifically, we can do so at additional cost. We would also need to know this goal at the beginning of the project. Providing support for outdated technology will likely result in sacrificing more modern features.
Generally speaking, our development is targeted for the Windows XP operating system and later (Vista) and most any version of Mac OS X. The targeted browsers are Internet Explorer 7 and later and their alternative browser equivalents (Safari, Firefox, Opera, Chrome). Since Internet Explorer 7 is not available for previous versions of Windows, considerations for earlier operating systems will incur additional expense.
Modern web browsers are available online for free. Some examples include Firefox, Opera, Chrome and Safari. All are available for both Windows and Mac OS X.
We build websites based on the current technology. Occasionally, a web host may upgrade their servers and essentially force the client to upgrade their site accordingly. Should this happen, this may incur additional costs to transitions the site or find a new host. Likewise, there have been times when the browser technology changes in a way outside of our control. An example of this happened a few years ago in a lawsuit against Microsoft. The result was that Flash content had to be reworked. This may require additional work to resolve.
We recommend considering your audience’s technical needs prior to development.
While Mindbend will try to make basic website updates within a 24-48 hours, they may take longer from receipt to implementation depending on the request and workload. Required faster turnarounds not agreed to in advance may incur rush fees (up to 1.5 x rate) at Mindbend’s discretion. Retainer options are available to reserve MIndbend’s time.
More significant revisions which have not been scheduled typically take 1-2 weeks to address.
If the client is maintaining the site themselves, it is assumed that they have basic computer knowledge as well as a basic understanding of web technologies. Remedial education is not Mindbend’s responsibility. If the client uses a tool other than what has been recommended by Mindbend, it is their responsibility to know that tool and its power, limitations and effect. Any consequences of using that tool are the client’s responsibility to resolve or pay Mindbend to fix.
While editing and maintaining websites is getting easier with each year, it still requires effort and discipline. Some things that a user might take for granted in another environment (such as using Microsoft Word) may not apply in the web world. You should have realistic expectations for what you can accomplish. Often times there is a tradeoff when allowing the client to maintain the website themselves. In order to gain the flexibility of maintaining the site, it may mean sacrificing certain things. In other words, you typically can’t have it all unless you are willing to pay for additional development.
Additionally, some tools, such as a CMS (content management system) like Joomla may make some things very easy (like editing text and adding photos) while making other things more difficult (than another development environment). You will be expected to accept this reality. We will help you understand the pros and cons of each option.
A web host or ISP (internet service provider) is where a website is “hosted”. The website resides on a “server”, which is a computer dedicated to presenting the website to the world.
If the client picks the web host, Mindbend is not responsible for things that may go wrong on the host’s end. If Mindbend can fix such problems, but they are not our fault, we will bill at our hourly rate until the problem is fixed. If the problem is our fault, the client will not be billed. The client will be advised if Mindbend expects to invest significant time when dealing with host issues.
If Mindbend selects the web host and a problem occurs on the host’s end, Mindbend will work with the host to fix the problem at no cost to the client. There may be exceptions to this, but the client would be advised of any expenses prior to action.
Mindbend expects to be set up as the technical contact for websites. This is done when initially setting up a web domain or hosting account. Failure to do so by the client means any changes which happen on the host’s end may not be communicated to Mindbend. At the extreme, the website could stop to function and we would never know. This is the client’s responsibility if we are not set up as technical contacts. When Mindbend establishes a domain on behalf of the client, assume that we will set up Mindbend as the technical contact.
A registrar is the company that manages the domain or URL (address) of the website. This can be the same company as the web host or a different company. Ideally, Mindbend would manage the domain and hosting via our preferred provider. This could mean transferring the domain and/or hosting. This is optional, but makes it easier for us to manage the website. If the domain is managed by the client, it is not Mindbend’s responsibility.
The client is obligated to comply with any terms and conditions of third party providers. Examples include email contact management solutions like Constant Contact. Constant Contact has strict policies regarding the integrity of a client’s email list. Mindbend is not responsible for any email lists which are rejected due to this policy. Other providers have similar policies.
Mindbend cannot take responsibility for any changes to the policies of third party services or other things out of our control with them.
Mindbend assumes that details, questions, or revisions to a project will be communicated from (and to) the client in a clear, organized and concise manner. If information or communications from client are frequently so unclear as to require extra work in deciphering, that will be billed separately.
“Trickling in” change requests is not desirable. All changes should be presented in as large of groups as possible.
Mindbend prefers to use an online project management tool called Basecamp which is provided at no cost to the client. The client is not obligated to use this service. However, other communication methods (such as faxes or printed documents) or project management solutions which prove less effective than our preferred solution may add time and expense to the project.
Mindbend will set milestones for main portions of the project development cycle. These milestones depend on receiving content, feedback or approvals from the client. Delays in receiving these things will likely delay the project.
Payment terms are based on the assumption that the client provides required content in a timely manner. Not providing such content is no excuse for withholding payment if the other work is completed.
This terms and agreement document must be approved by the client prior to beginning the project. Agreement can be made via email with some indication that this document has been reviewed and approved or signed and returned to Mindbend. Signing the price quote also constitutes approval of these terms and conditions.
Mindbend • 1050 Broadway Suite 17 • Chesterton, IN 46304
Phone: (219) 926-3789 • Fax: (888) 213-7895