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After spending weeks searching for a contract that was simple for me and my clients to understand, in 2008 I wrote my own and published it on 24ways for anyone to use. Now it’s time for an update.
Since publishing Contract Killer I have revised the wording a few times, most recently with an updated clause about browsers and testing.
The killer contract I published in 2009 had this to say about Internet Explorer 6.
We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.
My clients might be different to yours, but throughout the time that clause has been in my contract, not once has a client questioned that a site I design for them will likely look different in Internet Explorer 6 than in other browsers. Never once has someone called, during or after a project to bring up the issue of old or less capable browsers.
Since Contract Killer was published, the browser landscape has changed again, this time more dramatically with the release of more iPhone OS devices, Android and soon Microsoft’s Internet Explorer 9 for the desktop. It had also become clear that Internet Explorer 6 was becoming generally less of an issue and I needed to expand the browser support clause to take into account what had changed.
The clause now reads.
If the project includes HTML markup and CSS templates, we will develop these using HTML5 and CSS2.1 and CSS3 for styling. The landscape of web browsers 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 all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 6, this means a universal, typographically focussed design but no layout. We will also test that these templates perform well on Apple’s iPad.
I know of plenty of designers and developers who are fearful that clearly stating their designs will not look exactly the same in every browser will potentially lose them work to a competitor who is either less willing to challenge a client’s preconceptions or less open about their process. I have experienced precisely the opposite and have found that stressing the positive benefits of a forward looking approach from the earliest moments of a relationship prevents uncomfortable discussions and shows that we are in touch with the realities of the web and can help a client’s business benefit from it.
Here’s the full contract. It’s published under a Creative Commons Attribution Share-a-like license. That means you’re free to re-distribute, translate and otherwise re-use it as long as you mention my name and link back to this article. I’m a designer not a lawyer so you should also have it examined thoroughly by your own, legal people if you intend to use it.
11th May 2010Can’t say fairer than that, me old! :)
But maybe…
“For people using Microsoft Internet Explorer 6, this means a universal, typographically focussed design but no layout… Because they’re numpties who don’t deserve nice things.”
Comment posted on Stuff and Nonsense
11th May 2010Andy,
Just wondering what your take is on testing without javascript or with images off? I can’t see anything mentioned about that in the contract? As you know IE8 doesn’t recognise HTML5 elements without js so users won’t get a fully styled page if they have js off.
With that in mind, is it worth pointing out that you’ll develop in HTML5 & CSS3? Do your clients really care so long as it works? In fact do they even know what HTML is? Don’t they just a want ‘a website’?
Finally, you specifically mention the iPad, but what about other mobile devices or TV’s, the Wii etc? Why single the iPad out? Dare I suggest just because it’s every geeks latest favourite toy?
Rich
Comment posted on Stuff and Nonsense
11th May 2010Typo in the Copyright section.
“your good selfs” should be “your good selves”
I think.
Comment posted on Stuff and Nonsense
11th May 2010Thank you Andy.
Also, I would quote a superb advice made by Kevin Davies at 24ways (comments section) in 2008.
“One important piece of advice the law firm gave me is to make sure my contract is the last documented agreement on the issue. If I raise a contract which is signed, and they then raise a purchase order for me to work to, it may be I’m legally obliged to work to my client’s terms rather than mine.”
Good luck.
Comment posted on Stuff and Nonsense
11th May 2010@foamcow: Typo fixed as well as the character encoding doofers on apostrophes.
@Rich_Clark: What’s your take is on testing without Javascript? I can’t see anything mentioned about that in the contract? As you know IE8 doesn’t recognise HTML5 elements without Javascript so users won’t get a fully styled page if they have Javascript off.
— Great question. I’m steering the company away from building complete sites these days to concentrate on what we do best (which I hope is design, markup and CSS). We generally leave Javascript to someone else. That said, as you know from Hardboiled Web Design, the approach I take involves always using HTMLShiv or Modernizr and IECSS3.js. That does means that when Javascript is unavailable, IE8 won’t style some elements and Modernizr classes will disappear too. As long as content is still available and accessible without Javascript, any loss of styles are fine with me.
You specifically mention the iPad, but what about other mobile devices or TV’s, the Wii etc? Why single the iPad out?
— Most clients don’t care about TV or the Wii. We don’t design for smart-phones. The iPad (and devices that will be like it) help raise a client’s awareness of the web off the desktop. When we do that, arguments about older or less capable browsers disappear.
Comment posted on Stuff and Nonsense
11th May 2010You probably didn’t need to mention the iPad, you damn Mac fan boy! I would just leave that out if I needed to use this contract.
Out of interest have you ever had your contracts looked at by your own lawyers?
Comment posted on For A Beautiful Web
11th May 2010Thanks for this ... I use this document as a basis for all of my contracts, so I appreciate that there’s someone working behind the scenes to ensure that my client relations are as up to date as possible ... :)
Seriously though, it’s a good contract and a worthwhile update. I typically say, in my working agreement (which comes before the contract) that this working agreement specifically covers desktop computing and the browsers used for it - I’ve expanded this to include the iPad. It also gets them thinking about mobile which we can then address as a separate issue / cost.
Thanks again,
David
Comment posted on Stuff and Nonsense
11th May 2010I really like your combination of fixed and fluid rates. You have a daily not hourly? How does that work out? And as Jesse Chamberlin asked the other day on Twitter, how many projects do you take at a time.
Thanks for sharing Andy, it is always nice to get a peek at how another designer works.
Ps- can you update your input types on this form to html5 for us on iPhone/touches? Thanks ;-)
Comment posted on Stuff and Nonsense
11th May 2010Philip Renich: How many projects do you take at a time?
— I try to keep it down to one at a time with a reasonable gap between them. I don’t know if it’s me getting old, but I need a little down time between projects.
Can you update your input types on this form to html5 for us on iPhone/touches?
— Expect a complete HTML5 overhaul of the site later in the year. I have a book to write you know? ;)
Comment posted on Stuff and Nonsense
11th May 2010Thanks for sharing this updated version. I understand your point of view, but sometimes the website must be particularly for ecommerce.
I hope that all major browsers will not make the same mistakes with HTML5 and CSS3, so the code will be perfectly compatible!
12th May 2010This is just the thing I have been looking for. Simple and straight to the point. I am going to add it to my Bidsketch templates and start using it.
Comment posted on For A Beautiful Web
13th May 2010Thanks for sharing the updated version. The changes make the document definitely worth more.
Did anyone’s lawyer look at it and can you share what he/she told you? I would really appreciate it.
Comment posted on Stuff and Nonsense
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