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-   -   Contracts/Agreements Or Something Else For Mobile Websites? (https://www.warriorforum.com/mobile-marketing/463560-contracts-agreements-something-else-mobile-websites.html)

Mike Elias 3rd October 2011 08:12 PM

Contracts/Agreements Or Something Else For Mobile Websites?
 
For those of you selling Mobile Websites, are you sending them a contract/agreement form to sign outlining everything you're going to do for them (costs, # of pages, content, etc.) or are you simply outlining everything that will be done, along with upfront cost, additional fees, etc. and sending it to them without requiring any type of signature before beginning work?

If the client is out of your local area, what's your preferred method to send them the contract or whatever it is you decide to send them? Via email, direct mail, fax?

WillR 3rd October 2011 08:37 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
I would always have both yourself and the client sign some type of agreement. It's their to protect the both of you and outline exactly what is expected of both parties.

If the client is out of the area then I would usually email then the agreement as a PDF, have them print it out, sign it, and they can either fax it back or scan it and email it back to me.

Mike Elias 3rd October 2011 11:42 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Thanks Will. Would you recommend keeping the agreement under 2 pages (if possible after outlining all the details) so as to not get too wordy?

deum 4th October 2011 08:16 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
As i was involved in law before getting lost in the cyberspace, ill give you a free advice.

Its really important that you sign an agreement between you and your client that will set the parameters of the work and what will be included in it.

i would also suggest to have a section that will clearly establish the "Web Design Project Copyright" as well as "Confidentiality and Liabilities" and most important the "Governing Law' of this project.

I would also include a section on "Publishing' if you're doing it for your clients.

This aspect is somehow neglected but represent a sizeable case of litigation between the parties involved in the contract.

Hope that it helped you a bit!

I would also strongly recommend to establish a proper agreement on the Payment Schedule as well.

Mobileico 10th October 2011 12:32 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
These guys are absolutely correct. One thing I have learned is "Everything is charged."

polishstorm 19th January 2012 06:26 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
has anyone got a template they use?

LiorN 20th January 2012 11:54 AM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Quote:

Originally Posted by polishstorm (Post 5453185)
has anyone got a template they use?

go to the wso section
look up WillR offer
buy his wso . inside you'll get anything you need to get started including the service agreement

if not for what he offers, just the service agreement that was acually used by people selling mobile websites worth the price that he asks

midasman09 20th January 2012 12:49 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Puleeze! I started my 1st business by "taking the advice" of;
...My Wife
...My Parents
...My Friends
...My GrandParents
...My Cousins
...My Neighbors
...and Numerous Others I talked with

AND....when I "realized" that NONE of these folks....had Started A Business.... they were ALL...."EMPLOYEES"!....with SOMEONE ELSE WRITING THEIR CHECKS!

So....when I added it up....."OK! Let's see...I could PAY an Attorney to provide me with a "Contract" that would "protect me" from any of MY clients or customers "trying to get OUT of" our initial Agreement!

However....I was the person on the "Front-Line"! I was the FOUNDER of the business. Did I...as owner of the Company...want to "Scare The Peewadin (a word that only NRA members understand)....outa my Potential Customers....by showing them "Pages of Verbiage" that would cause them to think..."Hey! I better check with MY Lawyer before "SIGNING" this Agreement!"

I thought...."Jumpin JeeHawkins!"....ALL I want to do with my "Agreements" is to;
1) Say want I'm gonna do for X $
2) Say what my customer will pay for what I'm gonna do

Hey! If ANY of my customers/clients wants to get OUT of an Agreement, I dont' care how much "Philadelphia Lawerese" is IN....our "Agreement"... my "customer/client WILL .....Get OUT of the Agreement! WHY? Because "I" will LET THEM!

I do NOT want to "fight" any customer/client! If THEY want OUT....for whatever reason....I LET THEM OUT! WHY...should I phone my attorney and say, "Hey, Stan....this client/customer wants to back out of the AGREEMENT he signed. Would YOU give this guy a call and "splain the Facts"?

Ya right! My Attorney, Stan....sends out a Letter (on HIS letterhead).... then...send ME a BILL for his "TIME"!

So....not only did I "Pee-Off" a client/customer....and any and all "Potential Referrals" he COULD HAVE sent me....I ALSO have an "INVOICE" from my Attny!

So....when creating YOUR "Contract/Agreement"....Save Yourself some Grief and LOSS of business.....by making your "Agreement" as "NON-Scary" as possible! Just a...."I will DO this and YOU will pay this!"

Don Alm.....who has SOLD hundreds if not thousands of ....."stuff" and NEVER had a problem

Quentin 20th January 2012 06:48 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
We don't do contracts as such but supply a quote through our accounting software and if the customer agrees they raise a purchase order and pay the deposit.

In the quote we simply layout what was agreed to.

This is how most business is done in the real world and represents a contract between both parties.

If the job is over $3000 then we might initiate a contract as it can be a bit more involved and requires programming etc.

I agree with Don why do contracts for anything under a few thousand dollars. Probably loose you the job.

Quentin

SoCalMarketing 20th January 2012 10:33 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Clearly we have a marked division of camps... I personally do use an agreement, 3 pager with clear description of the services I will perform and the contractual obligations of both parties... I also have a paragraph for any ongoing monthly agreements that we each have the option of canceling with 30 day notice... for me personally this works, I can fire anyone as I see fit... and they can do as well. There is an established set of rules we agree to play by, and if either decides game is over, at least we have also at least a set of rules for that as well..

IngeniousBastard 21st January 2012 11:52 AM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Quote:

Originally Posted by LiorN (Post 5457898)
go to the wso section
look up WillR offer
buy his wso . inside you'll get anything you need to get started including the service agreement

This is a good start.

HypeText 23rd January 2012 04:52 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
The way we handle it is we simply have a Service Agreement (One Page) and reference in the Service Agreement that Terms & Conditions are posted on our website. We have NEVER had a client complain....and we keep our butts covered.

Of course an Attorney did draw up our TOS...

amoladora 23rd January 2012 09:52 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
"Contract" is the wrong word. "Service Agreement" is probably more relevant and not as scary for clients.

A simple one or two page list in point form will suffice. Just list what you are offering, what your package includes, how much it will cost the client and also how much it will cost for work done outside this brief. Have a spot for both of you to sign and you're done.

This will weed out the bad penny pinching clients, and will also make you look more organised and professional to your client. If they aren't willing to sign and pay a deposit then you can guarantee you will have problems with them and that they don't respect you and your work.

WillR 23rd January 2012 10:45 PM

Re: Contracts/Agreements Or Something Else For Mobile Websites?
 
Quote:

Originally Posted by amoladora (Post 5477791)
"Contract" is the wrong word. "Service Agreement" is probably more relevant and not as scary for clients.

Nice one. A distinction well worth highlighting! Yes, never utter the word contract because in most cases it will conjure up negative thoughts. The word contract also gives the client the feeling that you are trying to lock THEM into something - although you know the contract is there to protect the both of you, your clients won't always see it that way.

The word 'Agreement' sounds much more two-way and a lot less serious. I always refer to mine as a 'Service Agreement' as suggested above.

I used to use a much more thorough document that read a lot more like a contract but I scrapped it not long after because I always had clients wanting to take a day or two to read over things which kind of killed the flow of things. Now I only use a simple 2 page agreement that they can read and sign on the spot.


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