TERMS & CONDITIONS
#THE BORING (BUT ESSENTIAL) STUFF
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In these Terms & Conditions you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
What do both parties agree to?
You have the authority to enter into an agreement with us 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 too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out within your Quotation.
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. Designs will be created iteratively and visuals will be presented to indicate a creative direction (colour, texture and typography.)
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share ideas and concepts with you in a method that works for both of us, and we will maintain regular contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking, you will be liable for any design and/or development costs incurred up to this point.
Unless agreed separately, we are not responsible for the creation of your content, whether this be text, images or any other content required for your product.
Graphics and photographs
Graphic files should be supplied in an appropriate format as determined by your designer/developer. Photographs should be supplied in a high resolution digital format.
Browser & device testing
Browser testing no longer means attempting to make a website or app look the same in browsers of different capabilities or on devices with different size screens. With responsive design. it now means ensuring that a user’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, and a range of portable devices using both physical devices and emulated software where approriate.
We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server and hand over the management of that server back to you, or we can provide an estimate to manage that server on your behalf. All hosting costs will be charged annually with service starting from the beginning of the project development. Hosting renewal charges will be due 12 months after the project development start date, regardless of project sign-off and/or 'go-live' date.
Search engine optimisation (SEO)
Unless otherwise agreed, we don’t guarantee improvements to your website’s search engine ranking. We do however ensure that the web pages that we develop are accessible to search engines.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the total amount of time 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 that additional work.
Once our work is deemed complete, you will be required to sign off the product. Upon signing off, we will transfer the product to you in a suitable format and method. You agree that any subsequent changes to the product are outside the scope of the initial quotation, and are subsequently chargeable by means of a new quotation.
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, after product sign-off by you, we can’t guarantee that our work will 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, 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.
Intellectual property rights
“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.
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 obtained 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 payment for the product has been received in full, or that our agreement hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the product we create for you plus the visual elements that we create for it. If requested, we’ll give you source files and finished files. We’re not required to keep a copy of these. You own all intellectual property rights of text, images, product 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 on our portfolio and in articles on websites, in magazine articles and in books. We also reserve the right to include a subtle credit within your product if it does not distract from the product design.
We’re 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.
Upon approval of our quotation, we require a deposit of 50% of the total cost to be paid before we can begin any work on your product. Unless previously agreed, we will not commence any work until this deposit has been paid and cleared.
The remaining costs are to be paid within 30 days of the Sign-Off date by BACS, as specified in your quotation or invoice. We reserve the right to charge interest on all overdue debts at the rate of 20% per month or part of a month.
Our standard office hours are 09:30 to 17:30 Monday to Friday. Technical support can be arranged outside of these hours if required with adequate notice.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this agreement and not cause the other to breach any relevant laws or regulations.
This agreement stays in place and need not be renewed. If for some reason one part of this agreement 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.