Kitchen Table Publisher

Negotiating, protecting yourself and your client

Kitchen Table Publisher Written by Julie A. Zagorski

Negotiating is a vital part of the client/contractor relationship. Without the basic agreement of what work is to be done, how much it will cost and when it is delivered, the possibility of waste is inevitable. The negotiating approach can be thought of as a delicate courtship. If too aggressive, the client may feel threatened and withdraw. If the presentation too passive, you may be railroaded into agreements that would not be good business for your company. These are several rules of thumb to remember when sharpening your negotiating strategy.

1. Have an excellent knowledge of your product, expenses and cost basis. (This will provide you with leverage in project bid fluctuation.)

2. Know whom you'll be negotiating with. (Don't waste your time talking to the Executive Secretary when you really need the Executive Officers approval).

3. Be prepared with several avenues of presentation for your client to digest. (A strong portfolio for the client to browse will convince them you are capable of providing the documentation they seek.)

4. Use a non-aggressive attitude.

5. Present the client with a win/win solution to the project landmines.

In the desktop publishing services arena, the question is long standing on which is better to protect both the client and the contractor, work orders or contracts. Obviously you wouldn't sign a lengthy contract for 500 business cards, but how do you determine when to sign an agreement? Any business venture without a solid agreement between client and contractor is destined for problems. Without a specified timeframe of the deliverable product, the client without a guideline can make excess changes after billing, in the long run costing you money on the initial contract.

A written work order for product deliverables is necessary to specifically determining the following:

Product to be delivered
Special formatting required
The number of drafts and changes allowed before additional service charges apply
The time frame of the work to be completed
Total cost of final product
Billing information
Delivery clarification

You can use the canned work order pads found at the local office supply store for a quick phone order. Forward copies to the client and request signature before work begins, or transfer the information to a formal work order form for a formal presentation. I recommend receiving a deposit of at least 1/4 of the total bid to assist in supply purchasing.

For lengthier or extremely detailed projects a contract is necessary. Contracts conceptually need to be clearly stated, open for changes (approved by initialing), and signed. Not being legally certified to provide all necessary legal terms and conditions, it's a good idea to have your attorney review the proposed contract for problems. A good sample contract is following to give you a guideline in your desktop publishing business. This contract is primarily used when projects covering several months are negotiated. I've supplemented the "Your Business" over my business name to give example for where your name would reside in this structure.

Everyone is nervous in the beginning stages of negotiating. If you are prepared, confident in your work quality, and ready to listen objectively, negotiating can be a winning situation for both client and contracting professional. A definite reference point is the Small Business Administration. Their web site provides many jump-off points and reference to negotiating and contracting. http://www.sbaonline.sba.gov/

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CONTRACTING AGREEMENT

This Agreement made effective this _______ day of ______ 199__, between

and

"Your business" agrees to provide _______________________________________. _____________________________: Agrees to pay for those services upon the terms and conditions contained in this Agreement.

1. SCOPE OF WORK: "Your Business" will perform the following tasks:

a. ______________________________________________________________

b. Contract work will begin on the _________ of _________, 199__.

c. "Your Business" will attend in-house training sessions on the following days and times:

d. "Your Business" agrees to attend an update meeting once a week on ___________________________after training sessions for progress updates. Electronic communication is/is not available daily for questions and concerns prior to these meetings. Subject matter experts are to be established as the project progresses to maintain communication.

e. "Your Business" will provide documentation on the following draft dates:

1st Draft Due _________ 2nd Draft Due __________ 3rd Draft Due ___________

f. Documentation will be provided in the following format and font specifications:

Novice: ________ Moderate User: _________ Programmer: _________

g. "Your Business" and __________________ agree that the date for Completion of Documentation will be the ________ of _______, 199__.

h. Both parties agree that beta testing will resume after the completion date and not continue any later than ________________, 199__.

i. Both parties agree that there will be _____ revisions allowed to the beta document and a final copy for distribution will be delivered __________________, 199__.

j. If training is warranted for ________________, a fee of $25.00 will be assessed hourly by "Your Business" for training materials generated and staff training. These hours will be reported weekly as needed for appropriate billing.

2. PAYMENT: ______________________________ shall pay for these services by the following methods:

a. Per the "Your Business" proposal, 1/4th total bid is payable immediately upon signing this Agreement, plus 1/4 total bid payable within 10 days upon completion of the 3rd draft, and 1/4th total bid payable within 10 days upon completion of the Beta Testing Document. 1/4th total bid is payable within 10 days of the final distribution document.

b. All payment amounts are subject to re-negotiations if the scheduled delivery dates change other than as specified above or there is a significant increase in changes of the original contract agreement. If payment is not received in cash/check on the specified schedules, "Your Business" has the right to discontinue any progress on said documentation until the account is settled.

3. AMENDMENTS: No amendment may be made to this Agreement unless in writing. This Agreement is the entire Agreement between the parties.

4. LAW: This Agreement shall be governed and construed in accordance with the laws of the State of "Your State"

5. SUCCESSORS & ASSIGNS: This Agreement shall inure to the benefit of and be binding on the parties, their heirs, personal representative, successors and assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.

Special Notes:

_______________________ _________________________
CONTRACTING PROFESSIONAL BUSINESS AGENT

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