Bluebird Courier (also referred to as Bluebird within the contract) will always do our best to fulfill your needs and meet your goals, but sometimes it's best to have a few things written down so that we both know what's what. In this contract you won't find complicated legal terms or long passages of unreadable text. Bluebird Courier does want what's best for both parties, now and in the future.
What do both parties agree to do?
You the Client are hiring Bluebird Courier, founded in Maine, U.S., to design and develop an email newsletter template for the price of the package you choose on this form submission.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide everything that Bluebird Courier will need to complete the project - including text, images, and other information - as and when Bluebird Courier needs it and in the format requested. You agree to review the work, provide feedback and approval in a timely manner, too. Deadlines work two ways and you'll also be bound by any dates that we set together. You also agree to stick to the payment schedule: the price of the design package or service in full at completion of project.
Bluebird Courier has the experience and ability to perform the services you need and will carry them out in a professional and timely manner. Along the way Bluebird Courier will endeavor to meet all the deadlines set but 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 our work on-time at any stage. On top of this Bluebird Courier will maintain the confidentiality of any information that you provide.
Bluebird Courier will create a design for the look-and-feel, layout, and functionality of your email newsletter according to our agreement at the start. This contract applies to each newsletter design within your order. During the production process you will have the opportunity to make up to two rounds of revisions (two drafts for your review) of each newsletter design in your order. Further drafts for your review, edit, and approval will be an additional $65.00 each draft. Further work for Bluebird Courier in changing the initial, agreed-upon design direction, layout, and functionality of your email newsletter will be at an additional rate of $65 USD per hour.
If you're not happy after the initial two drafts included with each newsletter design, you will pay in full for all of the work that Bluebird Courier has produced until that point (based on number of hours provided up to that point at an hourly rate of $65 USD) and you may either cancel this contract or continue to commission Bluebird Courier to make further design revisions. Further changes or revisions will be as stated in above paragraph: an additional $65/hour USD for each draft beyond the two included in the contract; or if changing direction from initial agreement with the design, layout, and functionality of your newsletter, an additional $65/hour USD.
The Nitty Gritty Details of Contract Here
If the project includes HTML markup and CSS templates, we'll develop these using HTML and CSS2.1 and CSS3 for styling. The landscape of email clients and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of most of the major email clients to ensure that we make the most from them. Users of older or less capable email clients or devices will experience a design that is appropriate to the capabilities of their software.
We will not test old, marginal or abandoned email clients, for example, Lotus Notes 7 and below or Novell Groupwise, unless otherwise specified. If you need Bluebird to consider these older email clients, we will charge you at the daily rate set out in our original estimate for any necessary additional design work, development and testing.
We may have written some excellent email newsletters for our own purposes, but we're not responsible for writing or inputting any text copy; input of images and text into the newsletter template is the client’s responsibility. However, Bluebird Courier does provide content layout services and can be added at the client’s request. The first 900 words are at 9¢ per word and each image added is $2.00 USD. Above 900 words for your content layout will be at 12¢ per word.
If you choose a newsletter option with custom design work, you will supply Bluebird Courier with any images you own in digital format you specifically require within your template design. If you choose to buy stock images on your own, Bluebird Courier can suggest vendors of stock photography.
We know from plenty of experience that fixed-price contracts may limit you to your first idea about how something should look, or how it might work. Bluebird Couier doesn't want to limit either your options or your opportunities to change your mind.
The prices at the beginning of this document are based the pricing of the newsletter and postcard design options and everything that you have told Bluebird you want to achieve. And included with each newsletter design or postcard design are 2 drafts for your review. Additional drafts beyond these two will be an additional $65 each draft.
If you do want to change your mind, change layouts, design direction, or even add new functionality, that won't be a problem. If you make such changes, you will be charged the daily rate of $65/hour. Along the way Bluebird Courier will ask you to put requests in writing/emails so we can keep track of the change orders.
We can't guarantee that our email newsletters will always 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 arising out of the use of, or inability to use this email newsletter or design and any other email newsletter, design or campaign, even if you have advised Bluebird of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Phew.
You guarantee to Bluebird that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the email newsletter are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We'll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay for the services provided promptly. As we're also sure you'll want to stay friends, you agree to stick to the payment arrangement.
Payment Arrangement: Bluebird Courier will provide services as described within each newsletter design option (Options 1 - 5). The client agrees to pay in full for the Newsletter Template Design after completion of the design, and any other additional services requested by the client during production of the newsletter template.
Once payment is made, the client will have access to their email newsletter account and template. An online shopping cart is available on the Bluebird Courier website for those clients purchasing only the services listed within the newsletter design packages (Options 1 - 5). If additional services were provided during production, those will be billed separately or Bluebird Courier will invoice you for the entire amount at once. When payment is received, you will have access to your newsletter account and newsletter template.
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 U.S. courts.
The dotted line
The HTML Email Newsletter Template Design Contract is submitted by Bluebird Courier.
The client, by checking the box of the terms and services on this online form submission, agrees to uphold and be responsible to the HTML Email Newsletter Template Design Contract.