We will always do our best to fulfill your needs and meet your expectations, but it is 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. We have no desire to trick you into signing something that you might regret later. What we do want is what is best for both parties, now and in the future.
So in short;
You are hiring us (VueMyBiz, operating as a service of Byte Size Media Inc.) located at 701 Rossland Rd E, Suite 255, Whitby, Ontario to produce a mobile website for you. In addition, you agree that we will host your mobile website for free for the first twelve months, and then at a recurring monthly fee after that.
You confirm your acceptance of the terms of this agreement by clicking on the I Agree button. If you don’t agree to these terms, then don’t click on the I Agree button.
Of course it’s a little more complicated, but we will get to that.
What do both parties agree to do?
You: You have the authority to enter into this agreement on behalf of yourself, your company or your organisation. You will give us everything we need to complete the project as and when and in the format we need it. You will review our work, and provide feedback and approval in a timely manner. Deadlines work two ways, so you will also be bound by dates we set together. You also agree to stick to the payment schedule set out in this contract.
Us: We have the experience and ability to do everything we have agreed to do, and we will do it all in a professional and timely manner. We will endeavour to meet every deadline that is set and on top of that we will maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
Mobile Website Design
We will use graphics and design elements from your current website to recreate the overall ‘look-and-feel’ on your mobile site.
Mobile Website Text Content
We will use the information on your current site and organize it into a more concise version appropriate for a mobile site. This may mean that not all pages, text and images on your current website will appear on your mobile website. It also means that we may rearrange how information is presented, in order to make it more user-friendly on a mobile device.
We are not responsible for writing any text copy for your mobile website. In some cases, we may ask that you provide a shorter version of text from certain informational pages. If you’d like us to write new content or edit existing content for you, we can provide a separate estimate for that.
Mobile Website Photographs & Images
We may include photographs and other images from your current website in the design and content of your mobile website. In order to make sure the images load quickly on mobile devices, we may reduce the dimensions of the images, or compress their file size.
We will always endeavour to use images taken from your existing site ‘as is’, however if the quality of an image is substandard or the image has been combined with others in such a way that we cannot isolate it, we may either ask you for an original copy of the image, or suggest that a royalty-free stock image be used.
We can suggest stock libraries for replacement images. If you’d like us to search for images for you, we can provide a separate estimate for that.
Your logo is one of the most important elements of your brand identity. We will try to use your logo from your existing website. However, if we feel the version taken from your website is of an insufficient quality, we may ask you for a digital version.
If you don’t have a logo, we will display your business name in a similar way to how it appears on your existing site. If you would like a logo designed for you, we can provide a separate estimate for that.
Mobile Website Changes and Revisions
During the production process you will have two opportunities to review our work and provide feedback.
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. If you want to change your mind or add anything new, that won’t be a problem as we will provide a separate estimate for that.
Mobile Website Browser Testing
We will build your mobile site to display and function properly on all types of mobile phone web browsers. We test our work on iOS and Android devices, which currently cover about 80% of the Smartphones used by Canadians. We do not specifically test Blackberry, Windows, WebOS, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
Redirection Code for Your Main Website
We will provide a small piece of computer code that your current web design or hosting company can place on your existing website to detect mobile phone devices, and redirect them to your mobile website. If you don’t have a company that can do this for you, we’d be happy to add the redirect code to your site as long as you provide us with admin access.
We believe that your existing website design should display adequately on mobile tablet devices, so tablets will not be redirected. If you feel your existing website needs to be modernized to display properly in a wider variety of device sizes, we can provide a separate estimate for that.
We will generate a QR code for your mobile site so users who scan the code with their mobile phone will be sent directly to your mobile site. We will provide the QR code artwork in a resolution that will work in both print and digital media.
By default, your mobile website will be hosted on a subdomain of VueMyBiz, like this: [yourSiteName].vuemybiz.com. We will recommend a subdomain name to you, and you will have final approval of what name is used.
If you want your site to be hosted on your own domain, the general practice is to use the letter ‘m’ to indicate it is a mobile site, like this: m.yourdomain.com. If you choose to use your own domain name, your mobile site will still be hosted on our server, but will appear as if it is hosted on your site. If requested, we will provide directions on how you can make a simple change to your Domain’s Zone File that will facilitate this.
Mobile Website Hosting
We will be hosting your mobile website on our servers, and will be administering and maintaining the mobile site on your behalf. We endeavour to provide the most reliable network infrastructure possible, and guarantee that our network will be available 99.5% of the time in a given month, excluding scheduled maintenance.
We back-up the content on our servers as part of our day-to-day operations. However, because of technical issues regarding backups on live servers, we cannot guarantee any data can be fully restored.
Mobile Website Hosting & Content Maintenance
We foresee that the majority of content on your mobile website will not need to change once your site has been launched. However we also know that things change, employees come and go, and sometimes content needs to be updated. Included in our hosting service are small changes to content requiring no more than fifteen minutes of our time, up to a total of four times per year. That should cover most of your day-to-day needs.
If you need more frequent changes, or changes requiring more of our time such as the addition of new pages or new features, we can provide a separate estimate for that.
Mobile Website Hosting Cancellation
You are free to cancel anytime, however we won’t be refunding the fee for hosting for the month in which you cancel. So if you do decide to cancel, you might want to do it near the end of the month.
We can’t guarantee that our work will 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, even if you’ve advised us 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. .
Copyrights to the Finished Product
First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide or that we use from your current website are either owned by you, or that you have permission to use them. .
Then, when your final payment has cleared, copyright will be automatically assigned as follows: .
You will own the visual elements that we create for this project. You own all elements of text, images and data you provided, unless someone else owns them.
We will own the unique combination of these elements that constitutes a complete website design and we will license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. If you want to use it for a separate project, we can provide a separate estimate for that.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio, display the line “Powered by VueMyBiz” on the bottom of your mobile site, and to write about the site on websites, in social media, in magazine articles and in books. .
As a small business, we’re sure you understand how important it is that you pay the invoices that we send you promptly. As we are also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. .
You agree to pay for the Package you selected, as detailed on the Pricing page, plus any applicable taxes. The first payment of 50% of the total amount is due upon acceptance of this agreement. We will start working on the project as soon as we receive the initial payment.
The remaining balance is due upon the public launch of your mobile website. Once your mobile site launches, we will host it for free for the first twelve months. Starting on the thirteenth month, you will be charged a monthly fee, as laid out on our Pricing page.
We require a credit card to set up the hosting, although if you prefer to make the payments in a different format that can be arranged. Payment should be made via PayPal, credit card or cheque in the Canadian currency.
We are so confident that you’ll like us, and our work, that we provide a money-back guarantee. If within 30 days of the signing of this agreement you are not happy with the direction our work is taking, let us know in writing that you want to cancel the agreement and we will refund any money you have paid to us for this project. .
But where’s all the horrible small print?
Just like a parking ticket, you can’t 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 Ontario courts.