Website Design Terms & Conditions
I will always do my best to fulfil your needs and meet your expectations, but it is 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 this contract, you won’t find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into agreeing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
You are hiring me to design and develop a website for the estimated total price of £695.00 as outlined in our previous correspondence.
WHAT DO BOTH PARTIES AGREE?
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organisation. You’ll give me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review my 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 at the end of this contract.
Me: I have the experience and ability to do everything I’ve agreed with you, and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that is set, and on top of that, I'll maintain the confidentiality of everything you give me.
I create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs interactively and use predominantly HTML and CSS, so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (colour, texture, and typography.) I call that ‘atmosphere.’
You’ll have plenty of opportunities to review my work and provide feedback. I’ll either share a Google Drive folder or development site with you, and we’ll have regular, possibly daily contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction my work is taking you’ll pay me in full for the time I’ve spent working with you until that point and terminate this contract.
Unless agreed separately, I'm not responsible for inputting text or images into your content management system or creating every page on your website. I provide professional copywriting and editing services, so if you’d like me to create new content or input content for you, I can provide a separate estimate for that. That being said, I will be inputting basic yet relevant text across your site to present basic information to visitors.
GRAPHICS AND PHOTOGRAPHS
You should provide photographs in a high-resolution digital format. If you choose to buy stock images, I can suggest stock libraries. If you’d like me to search images for you, I can provide a separate estimate for that. You will need to provide me with a high-resolution version of your company logo at the start of the project.
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. On that note, I test my work in current versions of major desktop browsers, including those made by Google (Chrome). I wouldn't test in other older browsers.
MOBILE BROWSER TESTING
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test my designs in iOS (Safari) and Android (Google Chrome).
Unless you subscribed to my technical support package, I will not offer technical support or website alterations without charging a fee which is usually an hourly rate. I can provide a quotation for any work that you require.
SEARCH ENGINE OPTIMISATION (SEO)
I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines. I also provide SEO services, so if you’d like me to help you reach higher positions on search engines such as Google or Bing, I can provide a separate quotation for that.
CHANGES AND REVISIONS
I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that I estimate I will need to accomplish everything you’ve told me you want to achieve, but I'm happy to be flexible. I offer 3 free revisions of your project which means that after delivering the first draft, you can send me one e-mail with all the changes you would like to make and that counts as your first free revision. Once the final version of your website is delivered, I will send it for your approval, and you can send me another e-mail with all the changes you would like to make - that counts as your second revision. You will still have an extra free revision just in case you need to send me another e-mail with the final set of changes. Any additional revisions will be charged at a rate of £50/hour. If you wish to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for those additional weeks.
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. With that said, I can’t guarantee that my work will be error-free. So, I 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 me of them.
Your liability to me will also be limited to the number of fees payable under this contract, and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential, or special damages, even if I’ve advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason is 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
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.
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 me, you agree to protect me from any claim by a third party that I'm using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by me, free to use, or I’ve obtained permission to provide them to you. Provided you’ve paid for the work, and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files, and you should keep them somewhere safe as I'm 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.
I’ll own any intellectual property rights I’ve developed prior to or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design, and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Once your new website is complete, I will send you an invitation via email for you to become a moderator of your website. This means you will be able to log in to the administrative section of your website and make changes to the content, contact information, or add any additional pages.
DISPLAYING MY WORK
I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs, and the completed project on my portfolio and in articles on websites, in magazine articles and books. I also reserve the right to include a discreet copyright mark on your footer (e.g. Web Design by Tradesman-Websites).
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I am also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
To start this project, I require the full payment of £495 via bank transfer. This is a one-off payment for the website design, alterations, coding, and formatting. Only when I have received this payment will any work commence. Once we are in a position to launch your new website, I will require your card payment information to provide to the software provider and they will take a fee of £60 +VAT. This payment is taken annually, and you will have a recurring charge of £60 +VAT each year until you cease the contract with the software provider. We are not responsible for any changes to this fee as it is outside of our control.
I issue invoices electronically. All proposals are quoted in British Pounds and payments will be made at the equivalent conversion rate at the date the transfer is made. Any payments made in accordance with this agreement shall, once they are paid, not be refundable nor creditable for any reason whatsoever. You agree to pay all charges associated with international transfers of funds. The appropriate payment details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 25% per week.
Once you have agreed to these terms and conditions, I will create an electronic invoice and send it to you via email for payment. By making payment, you confirm that you have read, understood, and agree to everything written in these terms and conditions. Please do not make payment if you do not agree to everything in these terms and conditions. If you do not understand something written in these terms and conditions, please contact us immediately and we will be happy to answer any questions that you might have.
Neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we will 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 doesn't need to 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 the English and Welsh courts.