We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down, so there is clarity about who should do what and when, plus what will happen if something goes wrong.
You won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing something that you might later regret. We want the best for both parties, now and in the future.
So in short; you the customer are hiring us to design and develop a web site for the estimated total price as outlined in our previous correspondence. Naturally, it’s a little more complicated, but we’ll get to that.
This page sets out the terms and conditions between you or your business and the web designer(s) (herein called "We" or "Us"). It forms an integral part of any existing or future proposal, written document or communication between yourself and us.
You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project.
You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner as well. Deadlines work both ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out near the end of this page.
We’ll have the experience and ability to do everything we’ve agreed with you in a professional and timely manner. We’ll endeavour to meet every deadline that’s set.
On top of that we'll maintain the confidentiality of everything you give us, though sometimes we'll need to pass on project related details to a web host for example, which may be necessary to carry out the work.
We create look-and-feel designs with flexible layouts that adapt to the capabilities of many devices and screen sizes. They are developed iteratively over time, mostly using HTML and CSS, so we won’t waste time mocking up templates as static visuals, which are no longer pertinent these days. We may use visuals to indicate a creative direction (colour, texture and typography etc.) We call that "atmosphere".
The design work will be carried out on our computers and periodically checked online using a test domain and web server. This is hidden from search engines during the development phase by use of a robots.txt file to avoid showing up in web searches. This is understood and respected by major search engines, such as Google and Bing etc.
You’ll have lots of opportunities to review our work and provide feedback. We’ll either share a folder on Dropbox, Google Drive or a development website with you and have regular, possibly daily contact in order to complete the project successfully.
If at any stage, you change your mind about what you want delivered and not happy with the direction of our work, you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract. The same applies if you wish to cancel the project entirely or delay it for an extended period without our agreement.
We provide copywriting and editing services, so if you’d like us to create new content, we can provide a separate estimate for that. Unless otherwise specified, you provide us with the text needed to complete the project, though we are happy to make suggestions and offer feedback if we feel it will contribute to the success of the website.
N.B It is your responsibility to ensure that all legal text is correct and complies with applicable regulations.
Unless agreed separately, we’re not responsible for inputting text or images if your website uses a content management system. Customers who choose a content management system do so, because they want to make changes themselves on a regular basis.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
If you would like to have some photography produced for your project, we can also provide a separate quote for this service. No matter where you source your text and images, it's important that you have the right to use them and they do not breach copyright laws. Simply grabbing an image found on a Google search can be a costly mistake.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. It's worth noting that less popular browsers generally use common rendering engines, such as webkit, so web pages will look the same as the main browsers.
We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows find an appropriate viewing experience. We won’t test in other older browsers unless we agreed separately.
Nearly everybody nowadays has automated browser updates and it's just not sensible to compromise a modern website, merely to work on outdated or unsupported browsers, such as Internet Explorer 8 that are technically outdated and not safe for web browsing. This is standard industry practice nowadays.
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s viewing experience of a design is appropriate to the capabilities of the device they’re using. Indeed we take a mobile first approach to design.
We test our designs across a range of devices, either in-house or via emulation, but principally check iOS 10: Safari and Google Chrome Android.
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers, unless agreed separately. In all but very few situations the websites will look great on mobile devices, but individually testing every smartphone and tablet from the last ten years is not feasible.
From past experience, problems are few and far between on any recent web browser, whether on desktop, tablet or mobile. It should also be remembered that the vast majority of people are using the most common web browsers, which we do test.
Unless you have very large volumes of traffic, we generally recommend a basic business or shared hosting plan from Kualo, which is what we use for our own websites, including this one that costs less than £8 a month. Web hosts are defined as data processors when dealing with personal information and Kualo are committed to protecting your data in compliance with GDPR regulations.
Some may feel they need a VPS or fully dedicated server and we are happy to advise accordingly, based on our experience. The websites we build do not rely on databases like Wordpress, so they are fast loading and light on resources. This can lead to big savings in hosting costs.
In order to carry out the service, we will require access to your server's web hosting control panel, so that we may configure and upload your website, along with any associated accounts as needed to complete the job.
We will also require your consent to speak with the web host's support team if needed to resolve technical issues on your behalf during the setup stage, however we would not be responsible for any technical problems that might arise later on, such as email issues on your computer or server downtime and you should deal with your web host directly to resolve these.
In some instances we may also require access to the account of the domain registrar, where you registered your website. This is necessary, since your website can only be seen on the internet if the nameservers are pointing to your server. Most clients find this too complicated to manage themselves.
On more advanced websites we may need to employ 3rd party providers to install certain features on the server, such as a private login area for example, however your would be requested in advance and they would also be obliged to comply with GDPR regulations in the handling of such data.
Adding your website to CloudFlare can provide additional benefits in terms of speed and security, which is a service we can provide for a small additional fee.
All of the above is strictly necessary to provide the intended service and the data will not be used for any other purpose. Furthermore it can be deleted upon written request in accordance with GDPR, however that would block us from carrying out any further work on your behalf.
If you have online access to your site files it is a condition of this agreement that you are wholly responsible for the following:
1) Ensuring your User ID and passwords are stored in a secure place without divulging the details to third parties.
2) Not placing files or documents on the server that are not publishable to the public.
3) Backing up your site files.
4) We cannot be responsible for any changes made to website files, either by yourself or 3rd parties.
We don’t guarantee improvements to your website’s search engine ranking, but the web pages we develop are accessible to search engines.
A fast, mobile friendly website that follows best practices in web design is likely to do well in search results, however certain factors are beyond our control, such as back links from other websites and indeed the ranking algorithms employed by various search engines. See our page on SEO for more information.
We don’t want to limit your ability to change your mind. The price is based on the number of days/weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for the additional work.
Reasonable alterations might include changing some prices or opening hours; perhaps adding a few images or changing contact details on an occasional basis. All of that is fine, but realistically we cannot spend hours every week adding new products or radically changing your website for free. In cases like these you probably want a Bespoke solution that includes a CMS.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we are human and cannot guarantee that our work will be 100% error-free, therefore we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. Phew.
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world. Blimey.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you, plus the visual elements that we create for it, however this is limited to web usage in relation to the intended website. Visual elements, such as photography may not resold or used beyond the intended purpose.
We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project in our portfolio, articles on websites, magazine articles, social media and books.
We’re sure you understand how important it is for 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 to the following payment schedule:
1) A 50% deposit before work commences.
2) The remaining 50% is due at completion of the website development.
• We reserve the right to request interim payments on larger projects lasting several weeks or where extended delays occur beyond our control.
• We retain all rights on our work until the sum is paid in full.
• We also reserve the right to charge interest on overdue debts at the rate of 3% per month.
All proposals are quoted in GB Pounds Stirling and we issue invoices electronically. Our payment terms are seven days from the date of invoice by bank transfer.
In cases where third parties are involved in the delivery of your project, such as graphic designers or web hosts etc, it your responsibility to pay them in accordance with the agreements you reach.
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission. We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
We are web designers - not legal consultants. Whilst we will do all in our power to implement technical solutions in line with current regulations, we cannot be responsible for aspects of your business, such as tax matters, legal text or the way you run your business.
You are advised to seek professional legal advice on what you must do as a business or individual to ensure continuing compliance with all your legal obligations. It is your responsibility to ensure full compliance with the regulations. We can only help you in adding technical features to your website if needed. We cannot offer specific legal advice on how you should bring your business into line with its legal obligations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts. Oh and don’t forget those men with big dogs.