It was great to speak with you yesterday about your new project.
Gone are the days when we knew for certain that everyone was viewing the web on a desktop or laptop computer so websites were designed and developed for that standard experience. Increasingly, people are viewing the web on a variety of devices – tablets, smartphones, and other mobile devices. If your website doesn’t support those devices, this can negatively affect how users interact with your business. The site may load slowly, the layout is fixed and awkward to navigate and you may end up with a frustrated user. Statistics show that most users don’t convert when using small-screen devices which means you may be losing out on valuable business opportunities.
The Tidemark Creative team can turn this problem around using responsive design. We’ll design your website’s front-end templates to adapt and scale to whatever kind of device the user is viewing from while maintaining your existing look and feel and improving overall performance. We’ll test it on a variety of devices – mobile and non-mobile – to ensure the experience is consistent and easy to use.
We want to improve your sales by at least 20% per month. Now that’s what you’d call responsive, don’t you agree?
We propose to design and develop a new website for Mai Tai – Proposed domain: eatmaitai.com.
The look-and-feel of the website will be fresh and will incorporate messaging and content to showcase Mai Tai’s full menu as well as online ordering. The overall website architecture and functionality will be based on the following site map:
The new website will be built on the WordPress content management system and utilize a responsive design template that displays well on desktops, as well as tablets and handheld mobile devices. We will work together to incorporate a social media plan to be managed on a monthly basis by our team.
Finally, we propose work with Mai Tai on a monthly retainer to further marketing capabilities and to assist in the brand development of the new direction for Mai Tai.
Sincerely,
To complete the work outlined in the project scope, we’ll need approximately 12 weeks from beginning to end, depending on when we receive feedback at each milestone. Upon signing the proposal we are prepared to start work immediately.
Below is the budget we’ve estimated based on the scope of services outlined earlier in this proposal. If you have any questions about our pricing or need to increase or decrease the scope of work, please let us know.
Total
Total
The Upfront Plan
The initial deposit must be made prior to starting the project. Your deposit will be separated into 2 payments:
Initial Deposit: $2,730.00 Due: At Start
Final Payment: $2,730.00 Due: Upon Completion. Prior to Launch.
The Easy Payment Plan
The initial deposit must be made prior to starting the project. Your deposit will be separated into 3 payments:
$2,000.00 Setup
$549.00 per month
Up to 2 Monthly Production Hours Included
Health and Maintenance Included (Updating WordPress Core and Plugins)
Required: Credit Card with Auto Debit Agreement
After your initial site is built, you can continue adding to it anytime using your monthly hours. You can also use your hours for updating or bank them for a complete remodel every 18 months* to keep your site on the cutting edge. The choice is yours.
A website redesign requires a renewed 12-month agreement.
Hosting Required: $99.00
Basic:
Standard:
Pro:
$750.00 per month
$1250.00 per month
$499.00 per month
Pick 2 Networks
Features
At Tidemark Creative, we’re all about the experience. We design simple, compelling, and functional websites that make it easy for users to quickly find exactly what they’re looking for when they arrive at your site and then convert them into paying customers. It’s about creating an online experience that transforms users into followers, customers into ambassadors.
We do this by listening to you, understanding your target audience, and putting our extensive online knowledge to work on a plan that will improve your business goals and change the way you think about the potential of the internet.
Oh, and if you’re wondering, we’re mobile-first. It’s not just the way of the future. It’s the way of right now.
Date: April 25, 2020
Between "us", Tidemark Creative, and "you", Mai Tai
You Mai Tai,
located at Mai Tai
are hiring Tidemark Creative located at 200 Kings Pond Rd. Apt 205, Jacksonville, NC 28546 to design and develop a website and /or other services listed above, for the estimated total of $5460.00 as outlined in our previous correspondence.
DESIGN
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.
TEXT CONTENT
Writing or inputting any text copy is not included in this contract. If you’d like us to write new content or input text for you, we’re happy to provide a separate estimate for that.
PHOTOGRAPHS
You’ll need to supply graphic files to us in an editable, vector digital format. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. If you’d like us to search for photographs for you, we can provide a separate estimate for that. Cost of buying stock photographs or a photo shoot is not included in this contract.
HTML, CSS AND JAVASCRIPT
We deliver templates developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviors.
BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for Internet Explorer 7 and below for Windows but we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
TECHNICAL SUPPORT
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. After that, any updates to, and management of that server will be up to you.
CHANGES AND REVISIONS
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 or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for to cover the additional work.
ERRORS
We can’t guarantee that our work will be error-free (we’re human!) 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.
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
3.1 Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Tidemark Creative.
4.1 BILLING SCHEDULE
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
The total budget for this project: $5460.00
Tidemark Creative will invoice for fifty percent (50%) of the initial fees at the point of this signed contract agreement which will act as the deposit. The remaining 50% will be billed monthly as the service hours are spent or when the project is launched.
You will supply Tidemark Creative with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).
4.3 CLIENT AGREEMENT TO PAY
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within 15 days, Tidemark Creative will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Tidemark Creative pays for carrying overdue invoices from you. In addition, Tidemark Creative reserves the right to stop work until payment is received.
4.4 COLLECTION COSTS
In the event that we incur legal fees, costs, and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.1 TIDEMARK CREATIVE’S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves or that you have permission to use them. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness, and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
Tidemark Creative acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Tidemark Creative on behalf of you or disclosed by you to Tidemark Creative.
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective as of DATE HERE and shall continue until terminated by either party upon not less than 60 days’ notice in writing given by either party to the other.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the {client_name}, that any such materials and services, are non cancelable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to Tidemark Creative, Tidemark Creative shall transfer, assign and make available to you all property and materials in its possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials.
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the state of North Carolina.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
9.4 SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.