... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Terms & Conditions

Summary

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.

What Do Both Parties Agree To?

You:

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.

Us:

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.

Getting Down To The Nitty Gritty

Design

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.

Text content

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.

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.

Graphics and images

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.

HTML, CSS and JavaScript

We deliver web page types developed primarily from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, polyfills and behaviours.

Browser testing

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

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.

Web hosting

To help our customers we also offer hosting for the websites we build, using the same provider that hosts this website. You can read more about this on the web hosting page. It is intended for typical small or medium sized business.

Our aim in setting out conditions for web hosting is not to be deliberately restrictive, but simply to maintain the best possible experience for all our clients. It is not obligatory that you use our hosting, so think of it as an optional extra at no additional cost for 12 months.

These conditions are determined by the data centre and part of the hosting agreement. If any point is likely to cause problems, please let us know and we can advise on alternative solutions. The data centre basically has three key restrictions, which can cause an account to be terminated:

1) Absolutely no spamming, either by unsolicited mass emailing or mass posting across the internet with links back to the domain.

2) No posting of obscene or threatening messages whilst using or referring to an email address or website URL hosted on our network.

3) They are very tough on anything pornographic or adult related, whether on the websites or linking to other websites.

Technical support

Based on the provider's SLA we endeavour to maintain at least 99.9% uptime measured annually. There may of course be times when the server will not be available, which can be scheduled or unscheduled.

Scheduled downtime is when we know it is going to happen and tell you about it in advance, but wherever possible, almost certainly outside of normal office hours to minimise any impact on your business.

There may be very rare occasions when we need to restart the server during normal office hours and it is not possible to inform you before hand. We don’t take these decisions lightly and if this does happen we apologise. It usually means just a minute or so offline before normal service resumes.

Unscheduled downtime is when the server stops without us knowing it is going to stop. For a simple server hiccup, we'll get it back up and running as fast as we can. From time to time things go wrong with hardware; our service level agreement with the data centre requires that any hardware faults will be fixed within a very short time.

The web servers are overseen by a team of professional server managers who operate 24/7 to handle any hands on work involving the network or hardware. They also employ a system of highly advanced automated checks, so potential problems are usually identified and fixed immediately without a second of downtime.

We will do everything we can to ensure that your website is available at least 99.9% of the time and most months it will be 100%, but if we fall short of this, we’ll come and talk to you about it. It's important to note that we do not physically control the server hardware or network ourselves and cannot be liable for any failures, losses or costs that may be incurred, whether direct or indirect.

Online control panel

The web hosting includes access to cPanel, where you can carry out some basic tasks, such as checking web stats. It is your responsibility to ensure your user ID and password are not only kept secure, but also private and not divulged to 3rd parties. No access is permitted to other individuals.

If you believe your security has been compromised in any way you must tell us immediately, so we can take steps to minimise any damage.

eMail

We all use email and it's a fundamental part of running a business these days, but there are a few basic points that need to be observed.

1) You are responsible for keeping your username and password in a secure place without divulging the details to third parties.

2) It must not be used for sending mass unsolicited email for marketing purposes.

It is permitted to send email to mailing lists of up to 2000 recipients, however any emails sent to a mailing list must contain an unsubscribe link to an automated email removal system. This system must not be behind password protection.

Any mailing list over 1000 recipients can only be sent between 3AM and 7AM GMT or any time at the weekend. Outbound emails should not be sent to more than 50 recipients at any one time and not more than 2400 in total per day.

Newsletter marketing can be extremely effective, but needs to be done in compliance with strict legal requirements and is best managed using a service like MailChimp. If you need help creating a newsletter this is a separate service we can offer.

We will help you with the email setup on the server and supply you with the account details, however it is your responsibility to ensure your email client e.g Apple Mail or Outlook is properly configured and maintained.

Online Access Responsibilities

This will not apply to most customers, but if you have been granted online access to your site files via FTP or CMS, it is a condition of this facility that you are wholly responsible for the following:

1) Keeping your User ID and passwords in a very secure place without divulging the details to third parties.

2) Do not place files or documents on the server that are not publishable to the public.

3) Backing up your site files.

Hosting elsewhere

Should you wish to find your own hosting that is fine, however we would not be responsible for any costs or indeed technical problems that might arise, such as email issues, downtime or server configuration compatibility with your website. You would have to deal with your web host directly to resolve these.

We cannot be responsible for any changes made to website files, either by yourself or 3rd parties.

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that 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.

Changes and revisions

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 can be made to your website during the first 12 months without charge on Starter and Premium packages. In the event that your products or services change on a more frequent basis then additional charges will be incurred.

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 several 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.

Legal stuff

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 can’t 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.

Intellectual property rights

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’ve 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. 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.

Displaying our work

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.

Payment schedule

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:

A 30% deposit before work commences.

The remaining 70% at completion of the website development.

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 BACS bank transfer.

For international customers, payments can also be sent in US dollars at the equivalent conversion rate on the date the transfer is made to our US dollar currency account. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.

We reserve the right to charge interest on all overdue debts at the rate of 3% per month or part of a month.

But where’s all the horrible small print?

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.

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.