SitePoint Sponsor

User Tag List

Results 1 to 15 of 15
  1. #1
    SitePoint Member
    Join Date
    Oct 1999
    Posts
    7
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I have a question regarding a recent turn of events between me and a client.

    First, it's a sticky situation.... since I work as an employee for this company, and THEN took on being the webmaster.

    Anyway, it's for a radio station which does many promotions. The current promotion they have is very time sensitive... it's also the owner's 'baby'. I do not work there full time, since I DJ on the weekends (just to clarify matters).

    Here is the issue: the owner demanded that I create a page immediately, and was upset that he could not reach me during the day. He needed the new page up by 4pm, but did not notify me until 9am.... but I was not around.

    I spoke with a friend of mine who does web work for clients and she said that she charges extra for immediate changes, and that by immediate, she means 24 hours (she also has a contract).

    Now, here is my question...

    What are your situations with clients... what is your turnaround period, and how many of you have contracts?

    I feel that my client is in the wrong to demand such a quick turnaround, and am wondering what other webmaster's experiences have been.

    Thanks!

    --bex

  2. #2
    SitePoint Addict
    Join Date
    Feb 2000
    Location
    District of Columbia
    Posts
    373
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Bex,

    I have had experiences, when clients want something done ASAP. I usually try to accomodate their needs as soon as possible, but sometimes it takes longer. If this is the case, I tell them that their work will be done within 24 hours, because I have other clients as well and this is my standard guarantee of service.


  3. #3
    Skills to Pay the Bills Sparkie's Avatar
    Join Date
    Jul 1999
    Location
    A cave with 47 computers and an internet feed
    Posts
    3,559
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I always use contracts when dealing with clients. In order to order design on a website or logo, they have to agree to (or at least read) the terms and conditions on my site. As far as immediate changes, I try to accomodate them as soon as possible, and when I generally reply to an order, I give them an approximate time frame when the site will be completed. It really helps give the client an idea of when they can expect their product, and it gives me time to design a site that they will be satisfied with.

    Your radio-station customer really should have given you advanced notice of wanting a site done (24 hours really isn't advanced notice!) but don't take it too personally, since some people are really unaware of the procedures and time it takes to design a site, and they may think that it is as simple as typing up a memo!
    Sherice Jacob - Web Improvement Expert
    Improve Website Conversions | eBook Covers
    Follow Me on Twitter!

  4. #4
    Serial Publisher silver trophy aspen's Avatar
    Join Date
    Aug 1999
    Location
    East Lansing, MI USA
    Posts
    12,939
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I've never run into this problem.

    For me the problem is always the client not working fast enough.

    For instance. For this one autodealership we have had their site in the works since may. They need to send us the output from their DB inventory system so we can import that into a dB and put their inventory on the web.

    And we've been waiting for it since may.

  5. #5
    SitePoint Wizard TWTCommish's Avatar
    Join Date
    Aug 1999
    Location
    Pittsburgh, PA, USA
    Posts
    3,910
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Same here aspen - I'm making it clear to my newer clients that the project will only move as fast as they do - my job is to create a layout and a database if necessary, but It's not my job to write their mission statement!

    As for your problem, if nothing specific is written in the contract concerning such things, then you're not under obligation to do so.

  6. #6
    SitePoint Zealot Sesran's Avatar
    Join Date
    May 2000
    Location
    Connecticut USA
    Posts
    144
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Wow, I thought this was just my luck, but apparently I am not alone. I also have a car dealer who signed up in April for their site and has taken their sweet time at giving me the information that is needed. Then all of a sudden, they hit me with all this information at once and tell me they need it up ASAP. Funny that this usually happens when I have allot of other clients work to do too.
    The last time I talked with them, we all made a desision that their launch date will be on November 1, 2000. And I also pressed the issue that if they give me all the information last minute, it will never happen. Guess what, today is November 1 and I still don't have the information. hahahaha.
    I do have the template all set up, but I need the Mission statement, the company information, etc. It is not my job to make that all up. Some times I take their info and rewrite it, then I have them proof it.
    I have a contract, and I express that I can not do a site over night. My turn around time, taken other clients and my hosting business into account is two weeks. If I do get a client who needs something ASAP, I will do my best to accomodate them, but I never garantee less than two weeks.
    Sesran Site Solutions - Web Site Hosting & Design

  7. #7
    SitePoint Wizard creole's Avatar
    Join Date
    Oct 2000
    Location
    Nashvegas Baby!
    Posts
    7,845
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    I had a friend who was a print designer.

    In an dealings with clients he had a standard RUSH delivery clause. Work done in a rush, overnight, on weekends (or any time when he would not normally be expected to work) was charged at 200% of his normal pricing.

    That is to be expected. Do the work if you can, but make sure that he is aware that such rush work takes time away from your other pursuits/clients and that you must be compensated for it accordingly.
    Adobe Certified Coldfusion MX 7 Developer
    Adobe Certified Advanced Coldfusion MX Developer
    My Blog (new) | My Family | My Freelance | My Recipes

  8. #8
    SitePoint Wizard jumpthru's Avatar
    Join Date
    Apr 2000
    Location
    Los Angeles, California
    Posts
    1,008
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Does anyone have a good contract that I could use for my webdesign buissness? Whered you all get yours?

  9. #9
    SitePoint Zealot Sesran's Avatar
    Join Date
    May 2000
    Location
    Connecticut USA
    Posts
    144
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Here is the contract we use for Web Page designing. Feel free to copy and edit and use for yourself. But you should check with a lawyer in your area to see if all is lawful and binding within your state or country.

    Web Design by Sesran
    Web Design Development Contract
    Electronic Publishing Terms & Conditions


    The following agreement is by and between Web Design by Sesran (“WDBS”) and

    ______________________________________________________________________________(Client) Of

    _______________________________________________________________________________(Company)

    _________________________________________________________________________________(Address)

    ___________________________________________________________________________(City, State, Zip)

    WHEREAS, WDBS is a web site design and Internet publishing company. WDBS offers hypertext markup language (HTML), Perl, JavaScript, and other computer language programming and graphic design services; WHEREAS, Client seeks to utilize WDBS services to develop a web site for his/her own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; WHEREFORE, WDBS can make no guarantee that any given reader shall be able to access WDBS designed pages at any given time. WDBS represents that it shall make every good faith effort to ensure that its designed sites are for as large an Internet viewing audience as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows;

    I. Financial Arrangements:

    1. Client agrees to provide fifty percent (50%) of the total project estimated cost prior to work beginning on the site's design. Unless other arrangements are stated. Client also understands that there is a minimum of two (2) weeks development time unless otherwise specified.

    2. Client agrees to pay remaining fifty percent (50%) balance of project cost in full prior to transfer of site ownership. The site will remain the property of WDBS until the project cost has been paid in full. WDBS reserves the right to remove the site from service until payment has been received in full.

    3. Client agrees to notify WDBS via phone or e-mail if payment will be past due and agrees to pay a one percent (1%) late fee for payments received more than fifteen (15) days past their due date. Client agrees that payments received past thirty (30) days due may result in termination of service, a $50.00 fee, and the outstanding balance to be paid in full.

    4. Client agrees to pay monthly site maintenance fees associated with routine updates to content. Monthly maintenance will automatically renew for successive one (1) month periods unless canceled in writing prior to the monthly renewal date. Client will receive an invoice for charges and payment is due upon receipt. Renewal of services by Client indicates agreement to Contract revisions.


    II. Content:

    1. Client agrees to provide content for the site’s pages in a soft format. A soft format includes text or word processing files furnished on a 3˝ inch IBM compatible storage floppy disk or as an attachment to an e-mail message to WDBS.

    2. Client agrees that if content is provided in hard format via a copy of a page or other hard media that requires scanning to be converted into a soft format that an additional cost will accrue at the cost of $1.00 per scanned page.

    3. Client warrants that it has the right to use the applicable trademarks, if any, of all materials provided to WDBS and grants WDBS the right to use such trademarks in connection with WDBS's web site design.

    4. Client agrees that a two (2) week development time begins after all content has been received.

    III. Site Ownership:

    1. WDBS retains ownership of the site’s pages until the total project cost has been paid in full.

    2. WDBS retains the intellectual rights to all hypertext markup language (HTML), computer programming, and graphical design performed within the Clients web site. Upon site transfer and payment in full, WDBS will allow Client to use and replicate the HTML coding for its own lawful purposes.

    3. Client retains ownership of domain names registered through InterNIC or other Network Information Centers.

    IV. Termination:

    WDBS may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. If the Client fails to comply with the terms of this agreement and we refer the matter to an attorney, the Client agrees to pay all attorney fees. Client also agrees to compensate WDBS for other collection costs and expenses.


    V. Limited Liability:

    1. Client expressly agrees that use of WDBS's design services is at Client's sole risk. Neither WDBS, its employees, affiliates, agents, third party information providers, web hosting providers, merchants licensers or the like, warrant that WDBS's service will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the design service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WDBS design service, unless otherwise expressly stated in this Agreement.

    2. Under no circumstances, including negligence, shall WDBS, its offices, agents or any one else involved in creating, producing or distributing WDBS's designed pages be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WDBS designed pages; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WDBS's records, programs or services.

    3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

    VI. Lawful Purpose:

    Client may only use WDBS's design services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

    VII. Indemnification:

    Client agrees that it shall defend, indemnify, save and hold WDBS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WDBS, its agents, its customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless WDBS against Liabilities arising out of (a) any injury to person or property caused by any products sold or otherwise distributed in connection with WDBS's web design services; (b) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective product which Client sold on or through a WDBS designed site.

    VIII. Contract Revisions:

    Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of WDBS services as specified in Section I. Financial Arrangements. This Agreement constitutes the entire understanding of the parties. Both parties upon renewal of services thereupon agree to any changes or modifications to this Contract. This Agreement shall be governed and construed in accordance with the laws of the state of Connecticut and of the Internet.





    IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.


    ________________________________________________ _____________________
    Client Signature Date


    ________________________________________________ _____________________
    WDBS Representative’s Signature Date



    Web Design by Sesran Contact Information
    Snail Mail:
    Phone:
    E-mail: webmaster@sesran.com
    World Wide Web: http://www.sesran.com/

    Please make a copy for your records and return the completed original (in ink) and signed (in ink) version of this contract by postal mail to the address shown above. You may e-mail your contract for faster processing, but WDBS must receive a valid contract with a 50% deposit payment within 15 days.
    Sesran Site Solutions - Web Site Hosting & Design

  10. #10
    SitePoint Wizard creole's Avatar
    Join Date
    Oct 2000
    Location
    Nashvegas Baby!
    Posts
    7,845
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    jumpthru...a very good resource is the Graphic Artists Guild Handbook. They have sample contracts in for almost every apsect of design.

    http://www.gag.org
    Adobe Certified Coldfusion MX 7 Developer
    Adobe Certified Advanced Coldfusion MX Developer
    My Blog (new) | My Family | My Freelance | My Recipes

  11. #11
    SitePoint Wizard jumpthru's Avatar
    Join Date
    Apr 2000
    Location
    Los Angeles, California
    Posts
    1,008
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    thank you

  12. #12
    SitePoint Addict
    Join Date
    Aug 2000
    Posts
    258
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Nice contract Sesran!

    I'd add a couple of things (legal jurisdiction should be your district for any disputes, contract contains the whole of all agreements and superceeds prior agreements, collection practices, atty fees recoverable, and Mediation/Arbitration of disputes) but this is the best, most complete contact I've see to day on this forum.

    Thanks for sharing it.

    Exotic Hawaii
    Live the Life of Your Dreams!
    http://exotichawaii.com

  13. #13
    SitePoint Wizard creole's Avatar
    Join Date
    Oct 2000
    Location
    Nashvegas Baby!
    Posts
    7,845
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    mfarmerhi

    do you live in Hawaii? If so what part? I lived in Oahu on Wheeler AFB for 8 years...
    Adobe Certified Coldfusion MX 7 Developer
    Adobe Certified Advanced Coldfusion MX Developer
    My Blog (new) | My Family | My Freelance | My Recipes

  14. #14
    SitePoint Addict
    Join Date
    Aug 2000
    Posts
    258
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Hey Creole!

    Yep! Makiki (downtown Honolulu)! Aloha!

  15. #15
    SitePoint Wizard creole's Avatar
    Join Date
    Oct 2000
    Location
    Nashvegas Baby!
    Posts
    7,845
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Mahalo mfarmerhi...
    Adobe Certified Coldfusion MX 7 Developer
    Adobe Certified Advanced Coldfusion MX Developer
    My Blog (new) | My Family | My Freelance | My Recipes


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •