March 2017 Notes

A big thank you to Ann-Marie for taking notes! We have discussion notes and then resources at the bottom. If you have any resources to add, please reply to this message.

Contracts Discussion

scope of work vs contract

blue print costs $2000 architecture, functionality and every single page

What happens when they dump copy which hasn’t been proofread?

Contracts can be setting expectations vs defensive. Make it readable.

What they are going to do.

Clients always want something else later. Adding things beyond base contract. Add to phase two of another contract.

Adding change orders: If you want to change in the middle of the project for scope creep, issue a change order.

RDM change order: https://www.riverdogm…­

Hosting goes down – we have in contract that we aren’t liable.

Is there an hourly contract? Flat fee is like making a bet.

Scope of work and audit. Help clients understand the complexity in the scope of work.

Assumptions is the mother of all screwups.

Break down project into discreet pieces by the hour.

Be sure and include meeting time in estimates.

Contract pushes responsibility for hosting to hosting company.

Faq on the site from Lisa

Post services on Craigslist

You spend a lot of time answering questions make videos.

Customers don’t like feeling stupid, Screen caps, videos

Agile, sprints, scrums build it and discover new requirements.

If building web sites and the technology changes, the client needs to be rebuilt for x numbers of years. Should it be in the contract if there is a monthly maintenance fee?

Put in contract that it’s longevity is 2-5 years.

Minimal viable product.

Building repository of contracts.

Contracts are maintenance and new web sites.

Service agreement not a contract. On a month to month. Standard package is hour a month of service, if don’t use you time, it goes away. Other things will be special projects that I bill at my shop rate like building new features like.

Value based bidding. If someone makes a million dollars off the site then the price is different. Try to bid job on what is the value of site.

Like the idea of a memorandum of understanding. Your web site will need to be built in three years.

Contract is how we work and memoradum of understanding from Lisa.

Shop rate vs ongoing client from car repair industry

Onboarding cost, or a minimum

Security sidebar
Onboarding, – always use  backup buddy, securi pro or word fence, harden passwords, ithemes security

word fence for security most used

securi, ithemes and word fence

Managed word press hosting

Build proposal into contracts

We got into trouble adding a plugin so we no longer say that adding a plugin will take.

We have a very detailed scope of work and then any thing else is a change order form.

– Warn client if the plugin is not supported.
– Clarify that you are using staging sites and live site in the contract.
– Fresh Desk – you are talking with client through an interface
– zen desk, for help desk issues
– Teamwork desk
– Jira is a large vintage help desk
– Asana, addon for team management. Basically create scope in Asana. Online tool for interacting with clients.
– Trello another used for managing clients.

How do you address how do you work with your clients in the contract?
– Tell client time frame when you will reply and specify when they are expected to reply.
– Need single point of contact.
– Stay in communication with the client.

Contract Resources
– Contract Killer: https://stuffandnonse…­
– Proposal Kit: https://www.proposalk…­
– AIGA Standard Form of Agreement for Design Services:…­
– The Freelance Contract:…­
– Privacy policy  – free privacy policy generator
– Legalmatic on git hub

Potential Future Topics
– incorporate or not?
– marketplace for wordpress content services, mail chimp? vimeo? video delivery, wpengine
– when do you fire a client? How?
– hosting
– how to curate services. Social media? accounting? design?


From Lisa Stewart:

Memorandum of Understanding

When should you use an MOU?

What do you do when the client comes to you and says, “I love your work. It is right for me, but I do not know what I want or need?” How can you create a contract without all the details spelled out (and what good is a contract without that detail?) when you have no idea what the scope of the project will be? I have also had clients who think I am the right designer for them, but are reluctant to enter into a large contract without some proof that their instincts are right.

The MOU covers these and many other situations where detail definition is impossible.

What’s in an MOU?

There are as many types of MOUs as there are designers and client combinations. This is part of their power. Since you only entering an agreement to “work towards working together”, the terms and language can be much looser than for a contract. Here are a few examples where an MOU may be the perfect way to begin a project.

* The client wants a set of comps before committing to you for a large project.
* The client is not sure exactly what they are looking for in a site.
* The client is reluctant to provide information about the project without protection.
* Part of the contract would be research and strategy, and the project scope cannot be determined without the results of the research.
* You require proof that the client is serious about proceeding and not just harvesting your expertise.
* You can “guesstimate” the cost of a project, but are not confident that the project will remain within the scope of the discussion.
An MOU is simply a step between casual discussion and the finality of a contract. It covers the period when neither party is confident about where the project will lead. Your client needs your expert guidance to make decisions, yet you do not want to give away the expertise you have worked so hard to gain without compensation – a classic Catch-22 situation that can be solved with an MOU.

I have not had a serious client balk at signing an MOU. Yet in every case, a contract prepared at the same point would have been amended many times, a situation to be avoided whenever possible. With the MOU to cover finalizing project scope, both you and the client are protected.

Memorandum of Understanding
This Memorandum of Understanding is made on March, 1, 2017 between Client of (Client), whose offices are located at Street, City, State, Zip, and AwesomeCreative (Designer), whose offices are located at Street, City, State, Zip.

The purpose of this Memorandum of Understanding is to precede a longer-term contract arrangement in which planning documents, deliverables, and site requirements are produced.

1. Services To Be Performed. The Designer agrees to perform the following services for Client including but not limited to: Web Design + Development. Work may be started on the final site before a contract is entered and is understood to be part of this Understanding until such time as a contract is entered.

2. Payment. In consideration of The Designer’s performance of these services, Client agrees to pay the appropriate portion 30% of the total cost for the site development which is projected to be not more than: $30,000.

Further, Client agrees to pay all of The Contractor’s expenses in connection with this Understanding, including travel, supplies, equipment, phone charges and any other third party expense relating to the Understanding.

To activate this agreement, The Client will submit a check for 30% toward the final project cost. The future contract will define payment terms for the balance of the project amount.

3. Copyright + Licensing: It is understood that the Designer retains all copyright to the work under this MOU. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Agreed to and accepted by:
The Client

The Designer

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