| 14 |
The Command Position Principle |
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.
If you’re 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’ll probably scratch your paintwork on the hedgerows, or in winter you’ll sink your wheels into mud.
Driving these lanes requires a balance between caring for your own vehicle and consideration for someone else’s, but all too often, I’ve seen drivers pushed towards the hedgerows and mud when someone who’s inconsiderate drives too wide because they don’t want to risk scratching their own paintwork or getting their wheels dirty.
If you learn to ride a motorcycle, you’ll be taught about the command position:
Approximate central position, or any position from which the rider can exert control over invitation space either side.
The 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.
Taking the command position isn’t about motorcyclists being aggressive, it’s about them being confident. It’s them knowing their rightful place on the road and communicating that through how they ride.
I’ve 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 — and in so doing subconsciously invite them into my space on the road — I hold both my nerve and a central position in my lane. Since I done this I’ve 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.
We can apply this principle to business too, in particular to negotiations and the way we sell. Here’s how we might do that.
Commanding negotiations
When a customer’s been sold to well — more on that in just a moment — and they’ve 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.
In encounters like this, it’s 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’s a pretty good chance that we’ll drive away with less than we deserve unless we use the command position principle to help us.
Before we start any negotiation it’s important to know that both sides ultimately want to reach an agreement. This isn’t always obvious. If one side isn’t already committed, at least in principle, then it’s not a negotiation at that point, it’s something else.
For example, a prospective customer may be looking to learn our lowest price so that they can compare it to our competitors. When that’s the case, we’ve probably failed to qualify that prospect properly as, after all, who wants to be chosen simply because they’re the cheapest? In this situation, negotiating is a waste of time since we don’t 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: “Are you looking to [make a decision]?”
When that’s been confirmed, it’s down to everyone to compromise until a deal’s been reached. That’s because good negotiations aren’t about one side beating the other, they’re 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’re ready. It can also ensure that the person we’re negotiating with gives up some of their space.
Commanding sales
It’s not always necessary to negotiate when we’re 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.
Unless it’s impossible to avoid, don’t 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’re fully prepared, we should say politely that we need more time to work out a meaningful cost.
When we are ready, we shouldn’t 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’re selling to their business. Agree a time and place to do this and, if possible, do it all face-to-face.
We shouldn’t hesitate when we give someone a price. When we sound even the slightest bit unsure or apologetic, we give the impression that we’ll be flexible in our position before negotiations have even begun.
Think 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’t about being cocky, it’s about showing other people respect, asking for it in return and showing it to ourselves.
Earlier, I mentioned selling well, because we sometimes hear people say that they dislike being sold to. In my experience, it’s not that people dislike the sales process, it’s that we dislike it done badly.
Taking part in a good sales process, either by selling or being sold to, can be a pleasurable experience. Try to be confident — after all, we understand how our skills will benefit a customer better than anyone else. Our confidence will inspire confidence in others.
Self-confidence isn’t the same as arrogance, just as the command position isn’t the same as riding without consideration for others. The command position principle preserves others’ space as well as our own. By the same token, we should be considerate of others’ time and not waste it and our own by attempting to force them into buying something that’s inappropriate.
To prevent this from happening, evaluate them well to ensure that they’re the right customer for us. If they’re not, let them go on their way. They’ll thank us for it and may well become customers the next time we meet.
The 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.
Just 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. |
2013 |
Andy Clarke |
andyclarke |
2013-12-23T00:00:00+00:00 |
https://24ways.org/2013/the-command-position-principle/ |
business |
| 44 |
Taglines and Truisms |
To bring her good luck, “white rabbits” 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’t rely on it, especially when it comes to attracting new clients.
The 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.
Take a minute or two to look at your competitors’ websites. What’s the first thing that they say about themselves? Do they say that they “design delightful digital experiences,” “craft beautiful experiences” or “create remarkable digital experiences?”
It’s 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.
When 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.
When 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:)
The Ultimate Driving Machine
Just Do It
Don’t Leave Home Without It
A clever tagline isn’t 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.
I’m 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.
A 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.
It must also be meaningful to our brand and describe a truism, a truth that need not be a fact or statistic, but something that’s true about us, who we are, what we do and why that’s 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.
I doubt that I need remind you who this tagline belongs to:
There are some things money can’t buy. For everything else there’s MasterCard.
That tagline was launched in 1997 by McCann-Erickson along with the “Priceless” campaign and it helped establish MasterCard as a friendlier credit card company, one with a sense of humour.
MasterCard’s truism is that the things which really matter in life can’t be bought. They are worth more than anything that a monetary value can be applied to. In expressing that truism through the tagline, MasterCard’s advertising tells people to use not just any credit card, but their MasterCard, to pay for everything they buy.
“Guinness is good for you” may have been a stretch, but “Good things come to those who wait” 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.)
The fact that British Airways flies to more destinations than any other airline is their truism, and led their advertisers to the now famous tagline, “The world’s favourite airline.”
At my company, Stuff & Nonsense, we’ve been thinking about taglines as we think about our position within an industry that seems full of companies who “design”, “craft”, and “create” “delightful”, “beautiful”, “remarkable digital experiences”.
Much of what made us different has changed along with the type of work we’re interested in doing. Our work’s expanded beyond websites and now includes design for mobile and other media. It’s true we can’t know how or where it will be seen. The ways that we make it are flexible too as we’re careful not to become tied to particular tools or approaches.
It’s also true that we’re a small team. One that’s 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’ve won business because of it and that it’s now a big part of our proposition.
Our truism is that we’re flexible, “Fabulously flexible” as our tagline now expresses. And although we know that there may be other agencies who can be similarly flexible – after all, being flexible is not a unique selling proposition – only we do it so fabulously.
As 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?
Start 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’s meaningful, difficult to be argue with and, above all, uniquely yours.
Answers
The Ultimate Driving Machine (BMW)
Just Do It (Nike)
Don’t Leave Home Without It (American Express) |
2014 |
Andy Clarke |
andyclarke |
2014-12-23T00:00:00+00:00 |
https://24ways.org/2014/taglines-and-truisms/ |
business |
| 51 |
Blow Your Own Trumpet |
Even if your own trumpet’s tiny and fell out of a Christmas cracker, blowing it isn’t something that everyone’s 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’d better get good at selling, especially if that something is you.
For 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’t make knowing what to write any easier. As a matter of fact, writing for yourself often proves harder than writing for someone else.
I 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.
If you struggle to write well, don’t worry. You’re not on your own. Here are five ways to hit the right notes when writing about yourself and your work.
Be genuine about who you are
I’ve 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 “we” rather than “I” when describing what they do. These choices get harder when you’re a one-man band trading as a limited company or LLC business entity.
If you mainly work alone, don’t describe yourself as anything other than “I”. You might think that saying “we” makes you appear larger and will give you a better chance of landing bigger and better work, but the moment a prospective client asks, “How many people are you?” you’ll have some uncomfortable explaining to do. This will distract them from talking about your work and derail your sales process. There’s no need to be anything other than genuine about how you describe yourself. You should be proud to say “I” because working alone isn’t something that many people have the ability, business acumen or talent to do.
Explain what you actually do
How 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’re saying about what you do. Simply stating that you code, design or – God help me – “handcraft digital experiences” isn’t 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’s unique about you and your business.
Potentially thousands of companies deliver code and designs the same way as Stuff & Nonsense, but our clients don’t just buy page designs, prototypes and websites from us. They buy our taste for typography, colour and layout, summed up by our “It’s the taste” tagline and bowler hat tip to the PG Tips chimps. We hope that potential clients will understand what’s unique about us. Think beyond your deliverables to what people actually buy, and sell the uniqueness of that.
Describe work in progress
It’s 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’t fare much better. Every designer brings their own experience, perspective and process to a project. In my experience, it’s understanding those differences which forms a big part of how a prospective client makes a decision about who to work with. Don’t 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.
Traditional case studies, like the one I’ve just written about Stuff & Nonsense’s work for WWF UK, can take a lot of time. That’s 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.
Outline a client’s experience
Recently a client took me to one side and offered some valuable advice. She told me that our website hadn’t described anything about the experience she’d had while working with us. She said that knowing more about how we work would’ve helped her make her buying decision.
When a client chooses your business, they’re 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’ll want their good judgement to be recognised too. Our client didn’t recognise her experience because we hadn’t 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.
Address your ideal client
It’s important to understand that a portfolio’s job isn’t to document your work, it’s 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.
When you’re writing for your portfolio and elsewhere on your website, imagine that you’re addressing your ideal client. Picture them sitting opposite and answer the questions they’d ask as you would in conversation. Be direct, funny if that’s appropriate and serious when it’s 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’ve found this technique helps clients write copy too.
Toot your own horn
Some 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. |
2015 |
Andy Clarke |
andyclarke |
2015-12-23T00:00:00+00:00 |
https://24ways.org/2015/blow-your-own-trumpet/ |
business |
| 90 |
Monkey Business |
“Too expensive.” “Over-priced.” “A bit rich.”
They all mean the same thing.
When you say that something’s too expensive, you’re doing much more than commenting on a price. You’re questioning the explicit or implicit value of a product or a service. You’re asking, “Will I get out of it what you want me to pay for it?” You’re questioning the competency, judgement and possibly even integrity of the individual or company that gave you that price, even though you don’t realise it. You might not be saying it explicitly, but what you’re implying is, “Have you made a mistake?”, “Am I getting the best deal?”, “Are you being honest with me?”, “Could I get this cheaper?”
Finally, you’re being dishonest, because deep down you know all too well that there’s no such thing as too expensive.
Why?
It doesn’t matter what you’re questioning the price of. It could be a product, a service or the cost of an hour, day or week of someone’s time. Whatever you’re 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:
“It’s more money than I wanted to pay.”
“It’s more than I estimated it would cost.”
“It’s more than I can afford.”
Everyone who’s given a price for a product or service will have been told at some point that it’s too expensive. It’s never comfortable to hear that. Thoughts come thick and fast: “What do I do?” “How do I react?” “Do I really want the business?” “Am I prepared to negotiate?” “How much am I willing to compromise?”
It’s easy to be defensive when someone questions a price, but before you react, stay calm and remember that if someone says what you’re offering is too expensive, they’re 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.
Imagine you’ve quoted someone for a week of your time. “That’s too expensive,” they respond. How should you handle that? Think about what they might otherwise be saying.
“It’s more money than I want to pay” may mean that they don’t understand the value of your service. How could you respond?
Start by asking what similar projects they’ve worked on and the type of people they worked with. Find out what they paid and what they got for their money, because it’s 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’t with your headline price, but the value they think they’ll receive. Put the emphasis on value and shift the conversation to what they’ll gain, rather than what they’ll spend.
It’s also possible they can’t 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.
“It’s more than I estimated it would cost” could mean that your customer hasn’t done their research properly. You’d never suggest that to them, of course, but you should ask how they’ve arrived at their estimate. Did they base it on work they’ve purchased previously? How long ago was that? Does it come from comparable work or from a different sector?
Help your customer by explaining how you arrived at your estimate. Break down each element and while you’re doing that, emphasise the parts of your process that you know will appeal to them. If you know that they’ve 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’ll save.
“It’s more than I can afford” could mean they can’t afford what you offer at all, but it could also mean they can’t afford it right now or all at once. So ask if they could afford what you’re asking if they spread payment over a longer period? Ask, “Would that mean you’ll give me the business?”
It’s possible they’re asking for too much for what they can afford to pay. Will they compromise? Can you reach an agreement on something less? Ask, “If we can agree what’s in and what’s out, will you give me the business?”
What can they afford? When you know, you’re in a good position to decide if the deal makes good business sense, for both of you. Ask, “If I can match that price, will you give me the business?”
There’s no such thing as “a bit rich”, only ways for you to get to know your customer better. There’s no such thing as “over-priced”, only opportunities for you to explain yourself better. You should relish those opportunities. There’s really also no such thing as “too expensive”, 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.
Unfinished Business
Join 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. |
2012 |
Andy Clarke |
andyclarke |
2012-12-23T00:00:00+00:00 |
https://24ways.org/2012/monkey-business/ |
business |
| 105 |
Contract Killer |
When times get tough, it can often feel like there are no good people left in the world, only people who haven’t 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’ll 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.
But you’re a professional, right? Nothing bad is going to happen to you.
You’re a good guy. You do good work for good people.
Think again chump.
Maybe you’re 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’ll need more than a killer smile to save you. You’ll need a killer contract too.
It was exactly ten years ago today that I first opened my doors for business. In that time I’ve thumbed through enough contracts to fill a filing cabinet. I’ve 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.
If signing a contract I didn’t fully understand made me a stupid son-of-a-bitch, not asking my customers to sign one just makes me plain dumb. I’ve 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.
Writing a killer contract
If you are writing a contract between you and your customers it doesn’t 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.
Your killer contract should cover:
A simple overview of who is hiring who, what they are being hired to do, when and for how much
What both parties agree to do and what their respective responsibilities are
The specifics of the deal and what is or isn’t included in the scope
What happens when people change their minds (as they almost always do)
A simple overview of liabilities and other legal matters
You might even include a few jokes
To 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’s 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.
NB: The specific details of this killer contract work for me and my customers. That doesn’t 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.
Kiss Me, Deadly
Setting a tone and laying foundations for agreement
The 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.
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 best for the safety of both parties, now and in the future.
In short
You ([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’s a little more complicated, but we’ll get to that.
The Big Kill
What both parties agree to do
Have you ever done work on a project in good faith for a junior member of a customer’s team, only to find out later that their spending hadn’t 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.
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 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.
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 our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
My Gun Is Quick
Getting down to the nitty gritty
What 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.
We 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’re 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.
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 estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we’ll 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’t 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.
As 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’t 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’t do.
If 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 ‘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.
We 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’s 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.
The Twisted Thing
It 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.
Copyrights
You 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:
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 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 XHTML markup, CSS and other code and we license it to you for use on only this project.
Vengeance Is Mine!
The fine print
Unless 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.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
[Payment schedule]
No 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.
We can’t 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’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 this web site and any other web pages, even if you have advised us of the possibilities of such damages.
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 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.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of [English] courts. Oh and don’t forget those men with big dogs.
Survival… Zero!
Take 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.
Don’t be a turkey this Christmas.
Be a contract killer.
Update, May 2010: For a follow-on to this article see Contract Killer: The Next Hit |
2008 |
Andy Clarke |
andyclarke |
2008-12-23T00:00:00+00:00 |
https://24ways.org/2008/contract-killer/ |
business |
| 189 |
Ignorance Is Bliss |
This is a true story.
Meet Mike
Mike’s 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.
We 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.
The home page Mike sees in Safari on his Mac
Mike loves what he sees.
Meet Sam
Sam works with Mike. She uses Internet Explorer 7 because it came on the Windows laptop that the company bought her when she joined.
The home page Sam sees in Internet Explorer 7 on her PC
Sam loves the new Web site too.
How could both of them be happy when they experienced the Web site differently?
The new WYSIWYG
When 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.
Mike 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.
Neither knew, or needed to know, about the subtle differences between browsers. Their users don’t need to know either.
That’s because in the real world, people using the Web don’t 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.
Often when I talk or write about using progressive CSS, people ask me, “How do you convince clients to let you work that way? What’s your secret?” Secret? I tell them what they need to know, on a need-to-know basis.
Epilogue
Sam 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,
“Andy, I didn’t know you optimised our site for mobile. I don’t remember seeing an invoice for that.”
I smiled.
“That one was on the house.” |
2009 |
Andy Clarke |
andyclarke |
2009-12-23T00:00:00+00:00 |
https://24ways.org/2009/ignorance-is-bliss/ |
business |