What do both parties agree to do?
*You:* You have the authority to enter into a contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. 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 agreed.
*Us:* 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.
Getting down to the nitty gritty
Design & Development
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS on a WordPress CMS framework so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our working design platform with you and have regular contact. If, at any stage, you’re not happy with the direction our work is taking, you may cancel your contract and will only be liable for the deposit and/or stage payments made/due.
We’re not responsible for writing any text copy. If you’d like us to write new content for you, we can provide a separate estimate for that.
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.
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.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla Firefox. We’ll implement a single column design for older versions of Internet Explorer and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-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. We test our work in:
iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox using a simulator.
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers.
We can host your site for you or we can transfer your site to your own hosting. If we host your site we will be responsible for the maintenance of the server side of your site. cPanel access will not be made available to you by default, but can be given on request, but note that this will transfer responsibility for all server side maintenance to you. If we have designed your site and you host with us you will also have access to our customer area with it’s training area to help you get the most out of your WordPress site. All sites that are hosted with us include the base package of site maintenance within the annual fee (excludes hosting only clients).
We can supply you with email addresses to reasonably meet the requirements of your business. These are standard pop mailboxes with a capacity of 400MB, if you require more email storage we can provide you with a quotation for this. We will supply you with all the details you need to access your email through webmail and to download your email using an email client such as Outlook. You will be responsible for maintaining mailboxes to ensure that there is available space to receive mail. You will also be responsible for ensuring that you operate your mail system within the t&c’s of our hosting company which can be supplied separately upon request, but essentially have a zero spam policy. We do not offer a service to set up your email clients on your devices or to operate an internal distribution system. Should you require this service we can give you details of a business to do this in our local area only.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time 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. We will make reasonable changes to text and images, but not functionality during the first 6 months after your site goes live included within the original design cost quoted.
We will carry out basic SEO on all new sites or redesigns. You will be responsible for supplying us with reasonable key phrases to allow us to do this.
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site or carry out SEO work on your existing site in a way that is accessible to search engines in an effort to increase its chances.
If you take out one of our maintenance packages you will get the level of service as ordered and detailed on the relevant page of this website. Our lower level of packages do not include restoring corrupted or hacked sites, we are happy to do this for you, but this will be chargeable.
Our maintenance packages do not guarantee that your site will not be hacked, but do significantly reduce the risk.
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. Finally, if any provision of these terms & conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms & conditions and shall not affect the validity and enforceability of any remaining provisions.
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.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. 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 unless you have a maintenance package with us. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design along with any graphics we may have produced for you and we’ll license its use to you, exclusively and in perpetuity to use however you like.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
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 payment schedule agreed at the time of order.
Hosting accounts not up to date will be suspended as soon as they become overdue and it will be assumed that the website is no longer required. To reactivate account there will be a charge to reconnect the site along with payment of all outstanding amounts and future commitments. If not resolved within one month the site along with all backups will be deleted on the basis that the site is no longer required.
New sites: Unlike most designers and developers we enable live sites hosted by us prior to final payment. Sites not hosted by us must be paid for in full prior to transfer to the production domain. We do expect to be paid within our standard terms which is within 7 days. If payment is not received within the agreed terms the service will be suspended until all outstanding amounts are settled.
Development work/changes will be charged either at the end of the month the work is carried out in for minor changes or on completion of the work for more major work. If payment is not made within our agreed terms of payment the site will be rolled back to how it was before the work was started. This will not relieve the client from their obligations to pay for the work and once payment is received the work will be reinstated. Recovery action will be commenced upon payment reaching 30 days overdue.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer these terms & conditions to anyone else without our permission. These terms & conditions stays in place and need not be renewed. If for some reason one part of these terms & conditions becomes invalid or unenforceable, the remaining parts of them remain in place.
These terms & conditions may be updated/changed at any time without notice and you should review them regularly on this website. All work carried out by us or ordered by you are covered by these terms & conditions regardless of whether or not they are acknowledged.
Although the language is simple, the intentions are serious and these terms & conditions are a legal document under exclusive jurisdiction of the Courts of England and Wales.