Between us “Blueprint Media Studios LLC” and you “the client”.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if stuff goes wrong.
In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s in the best interest of both parties, now and in the future.
You (client) are hiring us (Blueprint Media Studios) to design and develop an email template as outlined on our web site in accordance with your selected package. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization.
You grant us permission to create a MailChimp account for your company or client, if you/they do not have one already, as you/they agree to use MailChimp services. If you have an existing MailChimp account you agree to provide our agency with keychain access at the email address we provide.
You understand that our agency does not sell nor provide any e-mail addresses, and you will upload or provide the email addresses to develop your list.
You agree to use our project management system, Basecamp, to follow the status of your project, provide feedback, upload project materials, and communicate with our team members.
You agree to review our work, provide feedback, and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we 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 on our work on-time at any stage.
You understand that the project timeline is dependent on the date that this contract is signed and that the project pipeline has been tailored for your package selection.
On top of this we will also maintain the confidentiality of any information that you provide us with.
Getting down to the nitty gritty…
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes*. We will create a design for the look-and-feel, layout, and functionality of your template. This agreement includes one main template design with up to ten (10) variable content blocks within a single content structure plus the opportunity for you to make up to two rounds of revisions. (Five (5) is the Mini Marmoset package was purchased.) If you’re not happy with the design at this stage, you may either cancel this agreement without further financial obligation to our agency or continue to commission us to make further design revisions at U$ 50.00 per hour. Additional variable content blocks and multiple variable layouts are available for an additional cost.
*When mobile integration is added.
Your template will be developed using the language and method we consider best, predominantly HTML and CSS. We will test all our templates in current versions of the top ten major email clients including Outlook, Hotmail, Yahoo! Mail, Gmail, Apple Mail, iPhone, Thunderbird, Windows Live Mail, AOL Mail, and Lotus Notes. We will also test to ensure that your template will display visually in a similar, albeit not necessarily an identical way, across the most popular email clients.
Your template will not be tested in older or abandoned versions of email clients unless otherwise specified. If you need to show the same or similar visual design to subscribers using an older or specific email client not included in the top ten, we will charge you at the hourly rate of U$ 50.00 for any necessary additional coding and subsequent client specific testing.
You also acknowledge, that unless you included bullet-proof integration, that your template may not render consistently in those browsers that do not support CSS in the head of a document (i.e. the language structure that ties our templates into the MailChimp editor).
Likewise you acknowledge that if bullet proof integration is included that the editing capabilities will be limited in MailChimp per the coding language structure utilized. More information is available on our site here, https://blueprintmediastudios.com/bulletproof-mailchimp-templates/.
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:
iOS: Safari, Google Chrome and Opera Mini
Android 4.1: Google Chrome, Firefox and Opera Mini
Android 3.2: Browser, Firefox and Opera Mini
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.
While we’re happy to use your supplied content or placeholder dummy text we’re not responsible for writing or inputting any campaign copy unless specified in the original estimate. We’ll be happy to help though, and in addition to the package price we’ll charge you U$ 50.00 per hour for content input.
Feed Content* (*for those clients purchasing RSS feed integration services)
While we setup your MailChimp template to accept and populate your feed(s), client side feed creation, setup, and/or troubleshooting services are not included in the package price.
I understand that Blueprint Media Studios will design and code a custom MailChimp template for my company and/or organization consisting of no more than ten (10) variants (5 for Mini Marmoset package purchasers), unless otherwise specified in order and/or estimate/invoice, and that it is up to me, the client, to build my campaign(s) utilizing the variants included in my template once the template design/layout has been approved and coded. Campaign creation and/or layout simulation is not included in the standard package price. Campaign creation is available for a separate fee and is based on the amount of content.
Photographs, artwork, content, and other assets
You will supply us with the assets or design collateral in digital format. If you choose to buy stock photographs, illustrations, or videos, we can suggest some stock vendors or buy them for you.
Any time we spend searching for appropriate stock assets will be billed at U$ 50.00 per hour. If we have to buy the assets for you, you will have to reimburse us for all additional expenses involved in such transaction.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The package prices on our web site are based on the number of days and resources that we estimate we’ll need to accomplish everything that you have told us you want to achieve and in the time you need to achieve it.
If you do want to change your mind, add extra templates, or even new functionalities or features, that won’t be a problem. You will be charged the additional hours involved according to each specific task. Along the way we might ask you to put requests in writing so we can keep track of changes.
Special Requests and/or Services
Any project specifications that fall outside the included package elements, outlined on our website at the time of purchase and/or in the estimate/invoice when paid directly, should be addressed prior to the start of the project and the signing of this agreement. Any special requests and/or services not included in the standard package price and/or outlined on the client’s estimate and/or invoice will not be honored under the original package price and this agreement.
Client Inactivity/Hold Policy
Projects are automatically placed on hold status following a 14 day period without client communication or feedback. If your project is placed on hold, either at your request or by our agency, simply contact our office via email or phone and let us know. We’ll reactivate your project in Basecamp and schedule an anticipated re-start date for your project based on our current production schedule.
Projects may be placed on hold and reactivated two (2) times, with a maximum hold period of 90 days.
Cancellation of Project
In the event your project is placed on hold and reactivated in excess of two (2) times, or any delay exceeding 90 days in responding to developers request for information or review/approval of proofs, Blueprint Media Studios will have the option of terminating this agreement, and invoicing you for the amount of any advance package payment paid to date. Any renewal of this project after termination will require a new agreement, fee schedule, and upfront payment.
If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Due to the nature of this project and the time commitments and resource allocation required cancellation during its execution will result in a forfeiture of all monies received and for all additional labor or expenses billed to date.
You will have a MailChimp account for yourself or your client and company only (created by you or by our firm), and will be attached to MailChimp privacy and spam policies. Our firm will not be responsible for any spam or not opted-in emails campaign, as you understand that MailChimp and (our firm) are not responsible for the way you gathered your e-mail addresses. We strongly suggest you build your own database instead of purchasing one as you are warned that you may infringe on the CAN-SPAM act.
We can’t guarantee that the functions contained in any template will always be error-free or that they will be seen in all email programs the same way 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 operation of, or inability to operate MailChimp, the newsletter template, or other features related even if you have advised us or we have advised you of the possibilities of such damages.
We won’t be responsible for any errors that may occur with your server, MailChimp servers, or other parties involved as you can understand that we are unable to manage such errors outside our control and you will be responsible for contacting the appropriate parties to rectify any issues.
We can assure you that we develop clean code and will use MailChimp to send your campaign so you will be able to report malfunctions after delivery and we will make our efforts to correct them or to contact those responsible. Changes to the scope, design, or function of the proposed work by any party after delivery will not be considered as part of this guarantee, and, in addition, any change to projected scope, design, or functionality before project delivery may affect the total cost and final delivery date.
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 enforce-ability of any remaining provisions.
Phew, now other stuff.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other content that you may provide to us for inclusion in the newsletter template are either owned by your good selves, or that you have permission to use them.
When we receive your package payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files in output format only and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs, and other data you provided, unless someone else owns them. We own the code and we license it to you for use on this project only – except for open source code, which in every case has its own licensing terms.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display your completed project as part of our portfolio and to write about the project on web sites, in magazine articles, and in books about design.
If you wish to make any additional uses of the template, besides the one it was created for, you shall seek permission from us and pay an additional fee to be agreed upon.
All rights not exclusively assigned to you through these terms are reserved to us.
Package payment in full is required prior to the production-system launch of any finished development or prototype work. Work will not be licensed for use, published to MailChimp, or made available to the client in any usable format unless payment in full has been received and all accounts are maintained in good standing.
Overdue payments shall motivate our team to immediately stop the design or development tasks.
MailChimp credits are not included and should be purchased from MailChimp*.
*For those clients participating in the Expert Exchange Program, on completion of your first project with a participating MailChimp Expert, MailChimp will gift you three (3) months of service completely free. The size of your project doesn’t matter. This program is subject to change at any time by the folks at MailChimp. Service credits are provided by MailChimp directly.
But where is all the horrible small print?
Just like a parking ticket, you cannot 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 the United States courts. Oh and don’t forget those men with big dogs and our untamed geese.
Here come the well-known dotted lines in digital form…