Between: Portlight Technologies (‘Portlight’ or ‘developer’ in this document) and you: [Company Name or just You] (“you” or “client” in this document)(Required)

Project Summary

You, the client, are hiring Portlight, to develop a software integration for the estimated total price as outlined in our previous correspondence. The agreed payment plan is at the end of the document. What do both parties agree to do? As my client, you agree:
  • You have the power to enter into this contract on behalf of your company or organization.
  • Coordination of any decision-making with parties other than me 
  • To provide me with everything I need to complete the project including text, account credentials, images and other information as and when I need it, and in the format that I ask for.
  • To review my work, provide feedback and sign-off within agreed timescales.
  • To be bound by any dates that we set together for deadlines.
  • To stick to the payment schedule described at the end of this contract.
As the developer, I agree:
  • I have the experience and ability to perform the services you need from me.
  • I will carry this service out in a professional and timely manner.
  • I will respect the confidentiality of any information you give me.
  • I will endeavor to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage.
Details of the works I will provide suggestions for designs or templates for the look-and-feel, layout and functionality of your web site integration. I will provide any design support necessary to complete the implementation of the functions necessary for your site, and implement a back end so that you can continue to maintain the implementations on your own in the future. HTML/CSS layout templates I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will have to re-negotiate an increased rate, as developing for these older browsers is costly and time-consuming. Content input I am not responsible for writing or inputting any content. That includes but is not limited to: products, page content, categories, attributes, and product tags. I'll be happy to help, though, and in addition to the estimate I will charge you per hour, including a free initial consultation, for content input. This particular contract comes with a decent amount of free content input, but I expect most of the copy to be provided by you, as you know the nature of your business and message better than I do. Workflow and design If you have already engaged the services of a graphic designer who has produced mock-ups of the design of your website, I will work from these and endeavor to produce a website resembling them as closely as possible. Note that it might not be possible to produce pixel- perfect interpretations of them across all browsers and under all circumstances due to technical limitations beyond my control. I will need your mock-ups in PSD format with their original layers intact so that I can take whatever assets I need from them directly. Changes and revisions Changes and revisions can be submitted by you upon review of each milestone, and finally upon review of the last milestone which will include a project-wide review. If further work is needed after completion of the last milestone, work can be acquired at a cost of $300 /day depending on availability. As each milestone is being worked on, changes and revisions should be communicated quickly and directly so that fixes are happening on an ongoing basis. When development has completed on a milestone, feedback from you cannot take more than 5 business days or the milestone is considered to be satisfactorily complete. Cost & Payment It is important to Portlight Technologies that {company_name} realizes and understands that this project is scoped out to try and meet your best-case scenario goals. This means that I, Portlight Technologies, am aware, as are {first}, that the scope will change somewhat as the projects come to fruition. Therefore, the costs listed are for Portlight Technologies services only. If there are fees for software licensing, Portlight Technologies will discuss the advantages of the licensing, alternative methods of achieving the same goal, and how to pay for the licensing. Once you, as the client, decide which path to take (free, paid, or open-source) the cost of the licensing will be passed to you, the client.
  • The aforementioned licensing fees are in addition to the licensing of the software stack listed in the project documents as "included". Note this list will change/grow as plugins are updated or become outdated.
Timeline Portlight Technologies knows You are excited to receive your final product, and Portlight Technologies does not want to leave You waiting. Portlight Technologies will roll up our sleeves and get work on the agreed-upon date and continue until the satisfactory completion of the Services is signed off on. This means that Portlight Technologies won't throw the towel in until the Business System developed for You is performing as agreed to. Each project phase will have several goals. Each phase will require input from you - if I do not receive that input your project is likely to either be delayed or not come to fruition. Below are the various possible phases of completion that will often be attached to your project.
  • Discovery Phase:
    • During this phase we will spend several calls together making sure that we both understand the scope of your goals.
    • Options for processes will be discussed and initially decided upon as to whether doable.
  • Development Phase
    • During this phase, we will build your app out and test it as each benchmark is achieved
  • Integration: Custom Post/Content Development
    • During this phase, we will discuss how you plan to interact with your customers and the information you are disseminating to collecting.
    • We will need to develop use-case scenarios to make sure that all of your needs are completed
  • Integration: Marketing Automation
    • Marketing automation goes far beyond putting memes and notices on your social media platforms. Our systems help you manage multiple types of marketing and automated communications. Here are a few methods that we encourage.
    • eMail marketing
    • SMS marketing
    • Support Systems
    • eLearning Notifications
    • Social Media messaging
    • Cart abandonment
    • Needful engagement
  • Integration: Payment Gateway
    • Stripe
    • Paypal
    • Square
    • Authorize net
  • Integration: Social Media
    • The integration of your social media platforms is vital for the growth of your audience. There are several options for integrating with your platform outlets. Ranging from pushing out content via automation or encouraging your visitors to push out your content.
  • Design Phase
    • Design often happens before, during, and after many of the aforementioned phases.
    • Portlight Technologies helps you make sure that your contact is displayed in a method that is pleasing and user-friendly.
  • Post Launch Phase
    • Once the project is live, I will be available to provide You with reasonable technical support and correct any possible errors or deficiencies.
    • If changes or updates are needed, you and I will discuss payment for changes before changes are implemented. 
Copyright Notice A Copyright notice that states {company_name}©[XXXx] will be displayed on the bottom of each page of your website. Intellectual Property You will own the masterpiece, also known as the website, business portal, office front-end, office backend, and so forth that Portlight Technologies designed for You. Additionally, any visuals that Portlight Technologies need to create to provide imagery and functionality within your project will be owned by You. Portlight Technologies will turn over the work product, including any necessary files, and You will be responsible for the safekeeping of the digital content, once project completion has been finalized. Portlight Technologies is not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Portlight Technologies responsible for any third-party claims. Portlight Technologies will own any copyrightable work, ideas, inventions, products, or other information that I create in connection with the Services Portlight Technologies is providing. This includes code that is generically written to complete the desired project milestone. Portlight Technologies guarantees that I have the legal right to all elements related to the Services provided and will not hold You responsible for any third-party claims. Confidentiality Your secrets are safe with Portlight Technologies. This includes your proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available). Portlight Technologies promises your proprietary information will not be sold or given to a third party, no matter how much they offer Us. Assignment Portlight Technologies has development and educational team members on staff, however, there are times that we use trusted contract members as part of the project team.

All the legal headache jargon!

Termination Portlight Technologies would really hate to see You go. If You decide Portlight Technologies is not your cup of coffee (or wine), You can end this Agreement by giving Portlight Technologies a ten (10) day written notice and paying Portlight Technologies for the Services that have completed. If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made. Limitation of Liability Your liability to Portlight Technologies is only for the costs payable under this Agreement. You will not be liable to Portlight Technologies, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.

Dispute Resolution

Negotiation: Portlight Technologies wants to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. Mediation/Arbitration: If talking it over doesn't go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of Fl, regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed-upon State. Attorney's Fees: The prevailing party, or 'winner' as non-lawyers call it, will be able to recover its attorney's fees and other reasonable costs for a dispute resolved by binding arbitration or litigation. Severability If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable. Complete Contract This Agreement puts the Parties' entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties. I look forward to working with you and making your visions become a reality!