{"rowid": 14, "title": "The Command Position Principle", "contents": "Living where I do, in a small village in rural North Wales, getting anywhere means driving along narrow country roads. Most of these are just about passable when two cars meet. \n\nIf you\u2019re driving too close to the centre of the road, when two drivers meet you stop, glare at each other and no one goes anywhere. Drive too close to your nearside and in summer you\u2019ll probably scratch your paintwork on the hedgerows, or in winter you\u2019ll sink your wheels into mud. \n\nDriving these lanes requires a balance between caring for your own vehicle and consideration for someone else\u2019s, but all too often, I\u2019ve seen drivers pushed towards the hedgerows and mud when someone who\u2019s inconsiderate drives too wide because they don\u2019t want to risk scratching their own paintwork or getting their wheels dirty.\n\nIf you learn to ride a motorcycle,\u00a0you\u2019ll be taught about the command position:\n\n\n\tApproximate central position, or any position from which the rider can exert control over invitation space either side.\n\n\nThe command position helps motorcyclists stay safe, because when they ride in the centre of their lane it prevents other people, usually car drivers, from driving alongside, either forcing them into the curb or potentially dangerously close to oncoming traffic. \n\nTaking the command position isn\u2019t about motorcyclists being aggressive, it\u2019s about them being confident. It\u2019s them knowing their rightful place on the road and communicating that through how they ride.\n\nI\u2019ve recently been trying to take that command position when driving my car on our lanes. When I see someone coming in the opposite direction, instead of instinctively moving closer to my nearside \u2014 and in so doing subconsciously invite them into my space on the road \u2014 I hold both my nerve and a central position in my lane. Since I done this I\u2019ve noticed that other drivers more often than not stay in their lane or pull closer to their nearside so we occupy equal space on the road. Although we both still need to watch our wing mirrors, neither of us gets our paint scratched or our wheels muddy.\n\nWe can apply this principle to business too, in particular to negotiations and the way we sell. Here\u2019s how we might do that.\n\nCommanding negotiations\n\nWhen a customer\u2019s been sold to well \u2014\u00a0more on that in just a moment \u2014 and they\u2019ve made the decision to buy, the thing that usually stands in the way of us doing business is a negotiation over price. Some people treat negotiations as the equivalent of driving wide. They act offensively, because their aim is to force the other person into getting less, usually in return for giving more.\n\nIn encounters like this, it\u2019s easy for us to act defensively. We might lack confidence in the price we ask for, or the value of the product or service we offer. We might compromise too early because of that. When that happens, there\u2019s a pretty good chance that we\u2019ll drive away with less than we deserve unless we use the command position principle to help us.\n\nBefore we start any negotiation it\u2019s important to know that both sides ultimately want to reach an agreement. This isn\u2019t always obvious. If one side isn\u2019t already committed, at least in principle, then it\u2019s not a negotiation at that point, it\u2019s something else. \n\nFor example, a prospective customer may be looking to learn our lowest price so that they can compare it to our competitors. When that\u2019s the case, we\u2019ve probably failed to qualify that prospect properly as, after all, who wants to be chosen simply because they\u2019re the cheapest? In this situation, negotiating is a waste of time since we don\u2019t yet know that it will result in us making a deal. We should enter into a negotiation only when we know where we stand. So ask confidently: \u201cAre you looking to [make a decision]?\u201d\n\nWhen that\u2019s been confirmed, it\u2019s down to everyone to compromise until a deal\u2019s been reached. That\u2019s because good negotiations aren\u2019t about one side beating the other, they\u2019re about achieving a good deal for both. Using the command position principle helps us to maintain control over our negotiating space and affords us the opportunity to give ground only if we need to and only when we\u2019re ready. It can also ensure that the person we\u2019re negotiating with gives up some of their space.\n\nCommanding sales\n\nIt\u2019s not always necessary to negotiate when we\u2019re doing a business deal, but we should always be prepared to sell. One of the most important parts of our sales process should be controlling when and how we tell someone our price. \n\nUnless it\u2019s impossible to avoid, don\u2019t work out a price for someone on the spot. When we do that we lose control over the time and place for presenting our price alongside the value factors that will contribute to the prospective customer accepting that price. For the same reason, never give a ballpark or, worse, a guesstimate figure. If the question of price comes up before we\u2019re fully prepared, we should say politely that we need more time to work out a meaningful cost. \n\nWhen we are ready, we shouldn\u2019t email a price for our prospective customer to read unaccompanied. Instead, create an opportunity to talk a prospect through our figures, demonstrate how we arrived at them and, most importantly, explain the value of what we\u2019re selling to their business. Agree a time and place to do this and, if possible, do it all face-to-face.  \n\nWe shouldn\u2019t hesitate when we give someone a price. When we sound even the slightest bit unsure or apologetic, we give the impression that we\u2019ll be flexible in our position before negotiations have even begun.\n\nThink about the command position principle, know the price and present it confidently. That way we send a clear signal that we know our business and how we deal with people. The command position principle isn\u2019t about being cocky, it\u2019s about showing other people respect, asking for it in return and showing it to ourselves.\n\n \n\nEarlier, I mentioned selling well, because we sometimes hear people say that they dislike being sold to. In my experience, it\u2019s not that people dislike the sales process, it\u2019s that we dislike it done badly.\n\nTaking part in a good sales process, either by selling or being sold to, can be a pleasurable experience. Try to be confident \u2014 after all, we understand how our skills will benefit a customer better than anyone else. Our confidence will inspire confidence in others. \n\nSelf-confidence isn\u2019t the same as arrogance, just as the command position isn\u2019t the same as riding without consideration for others. The command position principle preserves others\u2019 space as well as our own. By the same token, we should be considerate of others\u2019 time and not waste it and our own by attempting to force them into buying something that\u2019s inappropriate.\n\nTo prevent this from happening, evaluate them well to ensure that they\u2019re the right customer for us. If they\u2019re not, let them go on their way. They\u2019ll thank us for it and may well become customers the next time we meet.\n\nThe business of closing a deal can be made an enjoyable experience for everyone if we take control by guiding someone through the sales process by asking the right questions to uncover their concerns, then allaying them by being knowledgeable and confident. This is riding in the command position.\n\nJust like demonstrating we know our rightful position on the road, knowing our rightful place in a business relationship and communicating that through how we deal with people will help everyone achieve an equitable balance. When that happens in business, as well as on the road, no one gets their paintwork scratched or their wheels muddy.", "year": "2013", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2013-12-23T00:00:00+00:00", "url": "https://24ways.org/2013/the-command-position-principle/", "topic": "business"}
{"rowid": 44, "title": "Taglines and Truisms", "contents": "To bring her good luck, \u201cwhite rabbits\u201d was the first thing that my grandmother said out loud on the first day of every month. We all need a little luck, but we shouldn\u2019t rely on it, especially when it comes to attracting new clients.\n\nThe first thing we say to a prospective client when they visit our website for the first time helps them to understand not only what we do but why we do it. We can also help them understand why they should choose to work with us over one of our competitors.\n\nTake a minute or two to look at your competitors\u2019 websites. What\u2019s the first thing that they say about themselves? Do they say that they \u201cdesign delightful digital experiences,\u201d \u201ccraft beautiful experiences\u201d or \u201ccreate remarkable digital experiences?\u201d\n\nIt\u2019s easy to find companies who introduce themselves with what they do, their proposition, but what a company does is only part of their story. Their beliefs and values, what they stand for why they do what they do are also important. \n\nWhen someone visits our websites for the first time, we have only a brief moment to help them understand us. To help us we can learn from the advertising industry, where the job of a tagline is to communicate a concept, deliver a message and sell a product, often using only a few words.\n\nWhen an advertising campaign is effective, its tagline stays with you, sometimes long after that campaign is over. For example, can you remember which company or brand these taglines help to sell? (Answers at the bottom of the article:)\n\n\nThe Ultimate Driving Machine\nJust Do It\nDon\u2019t Leave Home Without It\n\n\nA clever tagline isn\u2019t just a play on words, although it can include one. A tagline does far more than help make your company memorable. Used well, it brings together notions of what makes your company and what you offer special. Then it expresses those notions in a few words or possibly a short sentence. \n\nI\u2019m sure that everyone can find examples of company slogans written in the type of language that should stay within the walls of a marketing department. We can also find taglines where the meaning is buried so deep that the tag itself becomes effectively meaningless.\n\nA meaningful tagline supports our ideas about who we are and what we offer, and provides a platform for different executions of them, sometimes over a period of time. For a tagline to work well, it must allow for current and future ideas about a brand.\n\nIt must also be meaningful to our brand and describe a truism, a truth that need not be a fact or statistic, but something that\u2019s true about us, who we are, what we do and why that\u2019s distinctive. It can be obvious, funny, serious or specific but above all it must be true. It should also be difficult to argue with, making your messages difficult to argue with too.\n\nI doubt that I need remind you who this tagline belongs to:\n\n\n\tThere are some things money can\u2019t buy. For everything else there\u2019s MasterCard.\n\n\nThat tagline was launched in 1997 by McCann-Erickson along with the \u201cPriceless\u201d campaign and it helped establish MasterCard as a friendlier credit card company, one with a sense of humour. \n\nMasterCard\u2019s truism is that the things which really matter in life can\u2019t be bought. They are worth more than anything that a monetary value can be applied to. In expressing that truism through the tagline, MasterCard\u2019s advertising tells people to use not just any credit card, but their MasterCard, to pay for everything they buy.\n\n\u201cGuinness is good for you\u201d may have been a stretch, but \u201cGood things come to those who wait\u201d builds on the truism that patience is a virtue and therefore a good pint of Guinness takes time to pour (119.5 seconds. I know you were wondering.)\n\nThe fact that British Airways flies to more destinations than any other airline is their truism, and led their advertisers to the now famous tagline, \u201cThe world\u2019s favourite airline.\u201d\n\n\n\nAt my company, Stuff & Nonsense, we\u2019ve been thinking about taglines as we think about our position within an industry that seems full of companies who \u201cdesign\u201d, \u201ccraft\u201d, and \u201ccreate\u201d \u201cdelightful\u201d, \u201cbeautiful\u201d, \u201cremarkable digital experiences\u201d.\n\nMuch of what made us different has changed along with the type of work we\u2019re interested in doing. Our work\u2019s expanded beyond websites and now includes design for mobile and other media. It\u2019s true we can\u2019t know how or where it will be seen. The ways that we make it are flexible too as we\u2019re careful not to become tied to particular tools or approaches. \n\nIt\u2019s also true that we\u2019re a small team. One that\u2019s flexible enough to travel around the world to work alongside our clients. We join their in-house teams and we collaborate with them in ways that other agencies often find more difficult. We know that our clients appreciate our flexibility and have derived enormous value from it. We know that we\u2019ve won business because of it and that it\u2019s now a big part of our proposition.\n\nOur truism is that we\u2019re flexible, \u201cFabulously flexible\u201d as our tagline now expresses. And although we know that there may be other agencies who can be similarly flexible \u2013 after all, being flexible is not a unique selling proposition \u2013 only we do it so fabulously.\n\n\n\nAs the old year rolls into the new, how will your company describe what you do in 2015? More importantly, how will you tell prospective clients why you do it, what matters to you and why they should work with you?\n\nStart by writing a list of truisms about your company. Write as many as you can, but then whittle that list down to just one, the most important truth. Work on that truism to create a tagline that\u2019s meaningful, difficult to be argue with and, above all, uniquely yours.\n\nAnswers\n\n\nThe Ultimate Driving Machine (BMW)\nJust Do It (Nike)\nDon\u2019t Leave Home Without It (American Express)", "year": "2014", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2014-12-23T00:00:00+00:00", "url": "https://24ways.org/2014/taglines-and-truisms/", "topic": "business"}
{"rowid": 51, "title": "Blow Your Own Trumpet", "contents": "Even if your own trumpet\u2019s tiny and fell out of a Christmas cracker, blowing it isn\u2019t something that everyone\u2019s good at. Some people find selling themselves and what they do difficult. But, you know what? Boo hoo hoo. If you want people to buy something, the reality is you\u2019d better get good at selling, especially if that something is you.\nFor web professionals, the best place to tell potential business customers or possible employers about what you do is on your own website. You can write what you want and how you want, but that doesn\u2019t make knowing what to write any easier. As a matter of fact, writing for yourself often proves harder than writing for someone else.\nI spent this autumn thinking about what I wanted to say about  Stuff & Nonsense on the website we relaunched recently. While I did that, I spoke to other designers about how they struggled to write about their businesses.\nIf you struggle to write well, don\u2019t worry. You\u2019re not on your own. Here are five ways to hit the right notes when writing about yourself and your work.\nBe genuine about who you are\nI\u2019ve known plenty of talented people who run a successful business pretty much single-handed. Somehow they still feel awkward presenting themselves as individuals. They wonder whether describing themselves as a company will give them extra credibility. They especially agonise over using \u201cwe\u201d rather than \u201cI\u201d when describing what they do. These choices get harder when you\u2019re a one-man band trading as a limited company or LLC business entity.\nIf you mainly work alone, don\u2019t describe yourself as anything other than \u201cI\u201d. You might think that saying \u201cwe\u201d makes you appear larger and will give you a better chance of landing bigger and better work, but the moment a prospective client asks, \u201cHow many people are you?\u201d you\u2019ll have some uncomfortable explaining to do. This will distract them from talking about your work and derail your sales process. There\u2019s no need to be anything other than genuine about how you describe yourself. You should be proud to say \u201cI\u201d because working alone isn\u2019t something that many people have the ability, business acumen or talent to do.\nExplain what you actually do\nHow many people do precisely the same job as you? Hundreds? Thousands? The same goes for companies. If yours is a design studio, development team or UX consultancy, there are countless others saying exactly what you\u2019re saying about what you do. Simply stating that you code, design or \u2013 God help me \u2013 \u201chandcraft digital experiences\u201d isn\u2019t enough to make your business sound different from everyone else. Anyone can and usually does say that, but people buy more than deliverables. They buy something that\u2019s unique about you and your business.\nPotentially thousands of companies deliver code and designs the same way as Stuff & Nonsense, but our clients don\u2019t just buy page designs, prototypes and websites from us. They buy our taste for typography, colour and layout, summed up by our \u201cIt\u2019s the taste\u201d tagline and bowler hat tip to the PG Tips chimps. We hope that potential clients will understand what\u2019s unique about us. Think beyond your deliverables to what people actually buy, and sell the uniqueness of that.\nDescribe work in progress\nIt\u2019s sad that current design trends have made it almost impossible to tell one website from another. So many designers now demonstrate finished responsive website designs by pasting them onto iMac, MacBook, iPad and iPhone screens that their portfolios don\u2019t fare much better. Every designer brings their own experience, perspective and process to a project. In my experience, it\u2019s understanding those differences which forms a big part of how a prospective client makes a decision about who to work with. Don\u2019t simply show a prospective client the end result of a previous project; explain your process, the development of your thinking and even the wrong turns you took.\nTraditional case studies, like the one I\u2019ve just written about Stuff & Nonsense\u2019s work for WWF UK, can take a lot of time. That\u2019s probably why many portfolios get out of date very quickly. Designers make new work all the time, so there must be a better way to show more of it more often, to give prospective clients a clearer understanding of what we do. At Stuff & Nonsense our solution was to create a feed where we could post fragments of design work throughout a project. This also meant rewriting our Contract Killer to give us permission to publish work before someone signs it off.\nOutline a client\u2019s experience\nRecently a client took me to one side and offered some valuable advice. She told me that our website hadn\u2019t described anything about the experience she\u2019d had while working with us. She said that knowing more about how we work would\u2019ve helped her make her buying decision.\nWhen a client chooses your business, they\u2019re hoping for more than a successful outcome. They want their project to run smoothly. They want to feel that they made a correct decision when they chose you. If they work for an organisation, they\u2019ll want their good judgement to be recognised too. Our client didn\u2019t recognise her experience because we hadn\u2019t made our own website part of it. Remember, the challenge of creating a memorable user experience starts with selling to the people paying you for it.\nAddress your ideal client\nIt\u2019s important to understand that a portfolio\u2019s job isn\u2019t to document your work, it\u2019s to attract new work from clients you want. Make sure that work you show reflects the work you want, because what you include in your portfolio often leads to more of the same.\nWhen you\u2019re writing for your portfolio and elsewhere on your website, imagine that you\u2019re addressing your ideal client. Picture them sitting opposite and answer the questions they\u2019d ask as you would in conversation. Be direct, funny if that\u2019s appropriate and serious when it\u2019s not. If it helps, ask a friend to read the questions aloud and record what you say in response. This will help make what you write sound natural. I\u2019ve found this technique helps clients write copy too.\nToot your own horn\nSome people confuse expressing confidence in yourself and your work as boastfulness, but in a competitive world the reality is that if you are to succeed, you need to show confidence so that others can show their confidence in you. If you want people to hear you, pick up your trumpet and blow it.", "year": "2015", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2015-12-23T00:00:00+00:00", "url": "https://24ways.org/2015/blow-your-own-trumpet/", "topic": "business"}
{"rowid": 90, "title": "Monkey Business", "contents": "\u201cToo expensive.\u201d \u201cOver-priced.\u201d \u201cA bit rich.\u201d\n\nThey all mean the same thing.\n\nWhen you say that something\u2019s too expensive, you\u2019re doing much more than commenting on a price. You\u2019re questioning the explicit or implicit value of a product or a service. You\u2019re asking, \u201cWill I get out of it what you want me to pay for it?\u201d You\u2019re questioning the competency, judgement and possibly even integrity of the individual or company that gave you that price, even though you don\u2019t realise it. You might not be saying it explicitly, but what you\u2019re implying is, \u201cHave you made a mistake?\u201d, \u201cAm I getting the best deal?\u201d, \u201cAre you being honest with me?\u201d, \u201cCould I get this cheaper?\u201d\n\nFinally, you\u2019re being dishonest, because deep down you know all too well that there\u2019s no such thing as too expensive. \n\nWhy? \n\nIt doesn\u2019t matter what you\u2019re questioning the price of. It could be a product, a service or the cost of an hour, day or week of someone\u2019s time. Whatever you\u2019re buying, too expensive is always an excuse. Saying it shifts acceptability of a price back to the person who gave it. What you should say, but are too afraid to admit, is:\n\n\n\t\u201cIt\u2019s more money than I wanted to pay.\u201d\n\t\u201cIt\u2019s more than I estimated it would cost.\u201d\n\t\u201cIt\u2019s more than I can afford.\u201d\n\n\nEveryone who\u2019s given a price for a product or service will have been told at some point that it\u2019s too expensive. It\u2019s never comfortable to hear that. Thoughts come thick and fast: \u201cWhat do I do?\u201d \u201cHow do I react?\u201d \u201cDo I really want the business?\u201d \u201cAm I prepared to negotiate?\u201d \u201cHow much am I willing to compromise?\u201d\n\nIt\u2019s easy to be defensive when someone questions a price, but before you react, stay calm and remember that if someone says what you\u2019re offering is too expensive, they\u2019re saying more about themselves and their situation than they are about your price. Learn to read that situation and how to follow up with the right questions.\n\nImagine you\u2019ve quoted someone for a week of your time. \u201cThat\u2019s too expensive,\u201d they respond. How should you handle that? Think about what they might otherwise be saying.\n\n\n\n\u201cIt\u2019s more money than I want to pay\u201d may mean that they don\u2019t understand the value of your service. How could you respond?\n\nStart by asking what similar projects they\u2019ve worked on and the type of people they worked with. Find out what they paid and what they got for their money, because it\u2019s possible what you offer is different from what they had before. Ask if they saw a return on that previous investment. Maybe their problem isn\u2019t with your headline price, but the value they think they\u2019ll receive. Put the emphasis on value and shift the conversation to what they\u2019ll gain, rather than what they\u2019ll spend.\n\nIt\u2019s also possible they can\u2019t distinguish your service from those of your competitors, so now would be a great time to explain the differences. Do you work faster? Explain how that could help them launch faster, get customers faster, make money faster. Do you include more? Emphasise that, and how unique the experience of working with you will be.\n\n\n\n\u201cIt\u2019s more than I estimated it would cost\u201d could mean that your customer hasn\u2019t done their research properly. You\u2019d never suggest that to them, of course, but you should ask how they\u2019ve arrived at their estimate. Did they base it on work they\u2019ve purchased previously? How long ago was that? Does it come from comparable work or from a different sector?\n\nHelp your customer by explaining how you arrived at your estimate. Break down each element and while you\u2019re doing that, emphasise the parts of your process that you know will appeal to them. If you know that they\u2019ve had difficulty with something in the past, explain how your approach will benefit them. People almost always value a positive experience more than the money they\u2019ll save.\n\n\n\n\u201cIt\u2019s more than I can afford\u201d could mean they can\u2019t afford what you offer at all, but it could also mean they can\u2019t afford it right now or all at once. So ask if they could afford what you\u2019re asking if they spread payment over a longer period? Ask, \u201cWould that mean you\u2019ll give me the business?\u201d\n\nIt\u2019s possible they\u2019re asking for too much for what they can afford to pay. Will they compromise? Can you reach an agreement on something less? Ask, \u201cIf we can agree what\u2019s in and what\u2019s out, will you give me the business?\u201d\n\nWhat can they afford? When you know, you\u2019re in a good position to decide if the deal makes good business sense, for both of you. Ask, \u201cIf I can match that price, will you give me the business?\u201d\n\nThere\u2019s no such thing as \u201ca bit rich\u201d, only ways for you to get to know your customer better. There\u2019s no such thing as \u201cover-priced\u201d,\u00a0only opportunities for you to explain yourself better. You should relish those opportunities. There\u2019s really also no such thing as \u201ctoo expensive\u201d, just ways to set the tone for your relationship and help you develop that relationship to a point where money will be less of a deciding factor.\n\nUnfinished Business\n\nJoin me and my co-host Anna Debenham next year for Unfinished Business, a new discussion show about the business end of working in web, design and creative industries.", "year": "2012", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2012-12-23T00:00:00+00:00", "url": "https://24ways.org/2012/monkey-business/", "topic": "business"}
{"rowid": 105, "title": "Contract Killer", "contents": "When times get tough, it can often feel like there are no good people left in the world, only people who haven\u2019t yet turned bad. These bad people will go back on their word, welch on a deal, put themselves first. You owe it to yourself to stay on top. You owe it to yourself to ensure that no matter how bad things get, you\u2019ll come away clean. You owe it yourself and your business not to be the guy lying bleeding in an alley with a slug in your gut.\n\nBut you\u2019re a professional, right? Nothing bad is going to happen to you.\n\nYou\u2019re a good guy. You do good work for good people.\n\nThink again chump.\n\nMaybe you\u2019re a gun for hire, a one man army with your back to the wall and nothing standing between you and the line at a soup kitchen but your wits. Maybe you work for the agency, or like me you run one of your own. Either way, when times get tough and people get nasty, you\u2019ll need more than a killer smile to save you. You\u2019ll need a killer contract too.\n\nIt was exactly ten years ago today that I first opened my doors for business. In that time I\u2019ve thumbed through enough contracts to fill a filing cabinet. I\u2019ve signed more contracts than I can remember, many so complicated that I should have hired a lawyer (or detective) to make sense of their complicated jargon and solve their cross-reference puzzles. These documents had not been written to be understood on first reading but to spin me around enough times so as to give the other player the upper-hand.\n\n\nIf signing a contract I didn\u2019t fully understand made me a stupid son-of-a-bitch, not asking my customers to sign one just makes me plain dumb. I\u2019ve not always been so careful about asking my customers to sign contracts with me as I am now. Somehow in the past I felt that insisting on a contract went against the friendly, trusting relationship that I like to build with my customers. Most of the time the game went my way. On rare the occasions when a fight broke out, I ended up bruised and bloodied. I learned that asking my customers to sign a contract matters to both sides, but what also matters to me is that these contracts should be more meaningful, understandable and less complicated than any of those that I have ever autographed.\n\n\nWriting a killer contract\n\nIf you are writing a contract between you and your customers it doesn\u2019t have to conform to the seemingly standard format of jargon and complicated legalese. You can be creative. A killer contract will clarify what is expected of both sides and it can also help you to communicate your approach to doing business. It will back-up your brand values and help you to build a great relationship between you and your customers. In other words, a creative contract can be a killer contract.\n\n\nYour killer contract should cover:\n\n\n\tA simple overview of who is hiring who, what they are being hired to do, when and for how much\n\tWhat both parties agree to do and what their respective responsibilities are\n\tThe specifics of the deal and what is or isn\u2019t included in the scope\n\tWhat happens when people change their minds (as they almost always do)\n\tA simple overview of liabilities and other legal matters\n\tYou might even include a few jokes\n\n\nTo help you along, I will illustrate those bullet points by pointing both barrels at the contract that I wrote and have been using at Stiffs & Nonsense for the past year. My contract has been worth its weight in lead and you are welcome to take all or any part of it to use for yourself. It\u2019s packing a creative-commons attribution share-a-like license. That means you are free to re-distribute it, translate it and otherwise re-use it in ways I never considered. In return I only ask you mention my name and link back to this article. As I am only an amateur detective, you should have it examined thoroughly by your own, trusted legal people if you use it.\n\nNB: The specific details of this killer contract work for me and my customers. That doesn\u2019t mean that they will work for you and yours. The ways that I handle design revisions, testing, copyright ownership and other specifics are not the main focus of this article. That you handle each of them carefully when you write your own killer contract is.\n\nKiss Me, Deadly\n\nSetting a tone and laying foundations for agreement\n\nThe first few paragraphs of a killer contract are the most important. Just like a well thought-out web page, these first few words should be simple, concise and include the key points in your contract. As this is the part of the contract that people absorb most easily, it is important that you make it count. Start by setting the overall tone and explaining how your killer contract is structured and why it is different.\n\n\n\n\tWe 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\u2019t 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\u2019s best for the safety of both parties, now and in the future.\n\n\tIn short\n\n\tYou ([customer name]) are hiring us ([company name]) located at [address] to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence. Of course it\u2019s a little more complicated, but we\u2019ll get to that.\n\n\nThe Big Kill\n\nWhat both parties agree to do\n\nHave you ever done work on a project in good faith for a junior member of a customer\u2019s team, only to find out later that their spending hadn\u2019t been authorized? To make damn sure that does not happen to you,  you should ask your customer to confirm that not only are they authorized to enter into your contract but that they will fulfill all of their obligations to help you meet yours. This will help you to avoid any gunfire if, as deadline day approaches, you have fulfilled your side of the bargain but your customer has not come up with the goods.\n\n\n\n\tAs our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. 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. You also agree to stick to the payment schedule set out at the end of this contract.\n\n\tWe 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\u2019t 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 we will also maintain the confidentiality of any information that you give us.\n\n\nMy Gun Is Quick\n\nGetting down to the nitty gritty\n\nWhat appear at first to be a straight-forward projects can sometimes turn long and complicated and unless you play it straight from the beginning your relationship with your customer can suffer under the strain. Customers do, and should have the opportunity to, change their minds and give you new assignments. After-all, projects should be flexible and few customers know from the get-go exactly what they want to see. If you handle this well from the beginning you will help to keep yourself and your customers from becoming frustrated. You will also help yourself to dodge bullets in the event of a fire-fight.\n\n\n\n\tWe will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you\u2019re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.\n\n\tWe 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\u2019t want to limit  either your options or your opportunities to change your mind.\n\n\tThe estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we\u2019ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won\u2019t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.\n\n\nAs I like to push my luck when it comes to CSS, it never hurts to head off the potential issue of progressive enrichment right from the start. You should do this too. But don\u2019t forget that when it comes to technical matters your customers may have different expectations or understanding, so be clear about what you will and won\u2019t do.\n\n\n\n\tIf the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. 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 \u2018similar\u2019, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it\u2019s sell-by date.\n\n\tWe will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple\u2019s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.\n\n\nThe Twisted Thing\n\nIt is not unheard of for customers to pass off stolen goods as their own. If this happens, make sure that you are not the one left holding the baby. You should also make it clear who owns the work that you make as customers often believe that because they pay for your time, that they own everything that you produce.\n\n\nCopyrights\n\n\n\tYou guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:\n\n\tYou own the graphics and other visual elements that we create for you for this project. We will 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 that we used in making them.\n\n\tYou also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.\n\n\nVengeance Is Mine!\n\nThe fine print\n\nUnless your work is pro-bono, you should make sure that your customers keep you in shoe leather. It is important that your customers know from the outset that they must pay you on time if they want to stay on good terms.\n\n\n\tWe are sure you understand how important it is as a small business that you pay the invoices that we send you promptly.  As we\u2019re also sure you\u2019ll want to stay friends, you agree to stick tight to the following payment schedule.\n\n\t[Payment schedule]\n\n\nNo killer contract would be complete without you making sure that you are watching your own back. Before you ask your customers to sign, make it clear-cut what your obligations are and what will happen if any part of your killer contract finds itself laying face down in the dirt.\n\n\n\n\tWe can\u2019t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can\u2019t 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 this web site and any other web pages, even if you have advised us of the possibilities of such damages.\n\n\tJust 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 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.\n\n\tPhew.\n\n\tAlthough the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of [English] courts. Oh and don\u2019t forget those men with big dogs.\n\n\nSurvival\u2026 Zero!\n\nTake it from me, packing a killer contract will help to keep you safe when times get tough, but you must still keep your wits about you and stay on the right side of the law.\n\nDon\u2019t be a turkey this Christmas.\n\nBe a contract killer.\n\nUpdate, May 2010: For a follow-on to this article see Contract Killer: The Next Hit", "year": "2008", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2008-12-23T00:00:00+00:00", "url": "https://24ways.org/2008/contract-killer/", "topic": "business"}
{"rowid": 189, "title": "Ignorance Is Bliss", "contents": "This is a true story.\n\nMeet Mike \n\nMike\u2019s a smart guy. He knows a great browser when he sees one. He uses Firefox on his Windows PC at work and Safari on his Mac at home. Mike asked us to design a Web site for his business. So we did.\n\nWe wanted to make the best Web site for Mike that we could, so we used all of the CSS tools that are available today. That meant using RGBa colour to layer elements, border-radius to add subtle rounded corners and (possibly most experimental of all new CSS), generated gradients.\n\n The home page Mike sees in Safari on his Mac\n\nMike loves what he sees.\n\nMeet Sam\n\nSam works with Mike. She uses Internet Explorer 7 because it came on the Windows laptop that the company bought her when she joined. \n\n The home page Sam sees in Internet Explorer 7 on her PC\n\nSam loves the new Web site too.\n\nHow could both of them be happy when they experienced the Web site differently?\n\nThe new WYSIWYG\n\nWhen I first presented my designs to Mike and Sam, I showed them a Web page made with HTML and CSS in their respective browsers and not a picture of a Web page. By showing neither a static image of my design, I set none of the false expectations that, by definition, a static Photoshop or Fireworks visual would have established.\n\nMike saw rounded corners and subtle shadows in Firefox and Safari. Sam saw something equally as nice, just a little different, in Internet Explorer. Both were very happy because they saw something that they liked.\n\nNeither knew, or needed to know, about the subtle differences between browsers. Their users don\u2019t need to know either.\n\nThat\u2019s because in the real world, people using the Web don\u2019t find a Web site that they like, then open up another browser to check that it looks they same. They simply buy what they came to buy, read what what they came to read, do what they came to do, then get on with their lives in blissful ignorance of what they might be seeing in another browser.\n\nOften when I talk or write about using progressive CSS, people ask me, \u201cHow do you convince clients to let you work that way? What\u2019s your secret?\u201d Secret? I tell them what they need to know, on a need-to-know basis.\n\nEpilogue\n\nSam has a new iPhone that Mike bought for her as a reward for achieving her sales targets. She loves her iPhone and was surprised at just how fast and good-looking the company Web site appears on that. So she asked,\n\n\n\t\u201cAndy, I didn\u2019t know you optimised our site for mobile. I don\u2019t remember seeing an invoice for that.\u201d\n\n\nI smiled.\n\n\n\t\u201cThat one was on the house.\u201d", "year": "2009", "author": "Andy Clarke", "author_slug": "andyclarke", "published": "2009-12-23T00:00:00+00:00", "url": "https://24ways.org/2009/ignorance-is-bliss/", "topic": "business"}