Below are the terms and conditions for our web design services. By engaging with our services, you agree to these terms.
1. Payment Terms
1.1 Payment Options
- Instalments:
Client can opt to pay for the project in instalments over a period of 2 – 4 months (min project value of £550 applies). This is subject to a 10% surcharge applied to the total project cost. Deposit payment of 40% is required for all new client work and additions / amendments to existing projects. - Payment in Full:
If the Client pays in full upfront, they must adhere to the agreed production schedule. Failure to meet deadlines will incur a small charge for week for each week the Client falls behind schedule.
1.2 Invoices and Payment Deadlines
- Payments are due as outlined in the invoice schedule.
- Late payments may delay project completion.
2. Project Timeline and Responsibilities
2.1 Designer Responsibilities
The Designer agrees to:
- Deliver the website as outlined in the proposal within the agreed-upon timeline, provided the Client adheres to the schedule.
- Communicate progress and notify the Client of any potential delays.
2.2 Client Responsibilities
The Client agrees to:
- Provide all necessary content, feedback, and approvals by the deadlines stated in the production schedule.
- Failure to do so will result in a £25 weekly surcharge for each missed deadline.
3. Scope of Work
The project includes services as outlined in the attached proposal. Any additional work requested will require a new agreement or addendum.
4. Ownership and Intellectual Property
4.1 Ownership
- Upon receipt of final payment, the Client will own the completed website design and associated deliverables.
4.2 Designer’s Rights
- The Designer retains ownership of any raw files, source code, or unused concepts, unless otherwise agreed in writing.
- The Designer retains the right to display the completed website in their portfolio and promotional materials.
4.3 Third-Party Components
- The website may include third-party components (e.g., plugins, stock images). These are subject to the licensing agreements of the respective third parties.
5. Refund Policy
5.1 Refund Requests
- Refunds are available only for work not yet completed. Any completed milestones or deliverables are non-refundable.
5.2 Termination by the Client
- If the Client terminates the Agreement prematurely, they are responsible for payment for all completed work up to the termination date, plus a cancellation fee of 20% of the remaining project balance.
5.3 Refund Cancellation Timeframe
- Refund requests must be made in writing within 14 calendar days of payment. Refunds requested after this period will not be processed.
5.4 Termination by the Designer
- If the Designer terminates the Agreement due to unforeseen circumstances, the Client will receive a refund for any uncompleted work.
6. Hosting and Maintenance
6.1 Post-Launch Hosting and Maintenance
- Once the website is completed and launched, ongoing hosting and maintenance services as outlined in the Designer’s Hosting and Maintenance Agreement will apply.
- These services include but are not limited to: hosting, backups, plugin updates, and security monitoring.
6.2 Client’s Right to Move the Website
- The Client retains the right to move the website to another hosting provider at any time. Upon request, the Designer will provide all necessary files and information to facilitate the transfer, provided all outstanding balances are paid.
7. Modes of Contact
7.1 General Enquiries
- All general enquiries must be submitted via email.
7.2 Technical Support
- Technical support issues must be submitted via the online Tech Support Form available on the Designer’s website.
7.3 Office Hours
- Office hours are Monday to Friday, 9:00 am to 6:00 pm.
- Weekend support is available by request.
7.4 After-Hours Support
- After-hours support is available at a minimum charge of £40.
7.5 Communication Policy
- WhatsApp and text messages may not be responded to. Clients are encouraged to use the designated modes of contact for all communication.
8. Content Submission
The Client is responsible for submitting all content required for the website. Content must be submitted as follows:
- Images: Via WeTransfer or Dropbox.
- Text: Via WeTransfer, Dropbox, or in a Word Document format.
The Designer will not accept any content submitted via WhatsApp or text message.
9. Confidentiality Clause
9.1 Non-Disclosure
Both parties agree to keep all project-related information confidential. Neither party will disclose proprietary or sensitive information about the other party’s business, clients, or the project to third parties without prior written consent.
9.2 Exceptions
This clause does not apply to information that:
- Is publicly available through no fault of the receiving party.
- Was known by the receiving party before the start of this Agreement.
- Is required to be disclosed by law or legal process.
10. Liability and Indemnity
The Designer is not liable for:
- Losses incurred due to Client delays.
- Issues caused by third-party hosting providers or plugins.
11. Third-Party Plugins & Modifications
- The Designer is not responsible for any website malfunctions, security vulnerabilities, or performance issues caused by third-party plugins, themes, or code added to the website without the Designer’s knowledge or permission.
- Any troubleshooting or repairs required due to unauthorized modifications will be charged at the Designer’s standard hourly rate.
- Clients are advised to consult the Designer before installing or modifying plugins to ensure compatibility and security.
12. Hosting Termination
12.1 Client-Initiated Termination
- The Client may terminate hosting services at any time by providing 30 days’ written notice.
- No refunds will be issued for any remaining period of paid hosting.
- Upon termination, the Client is responsible for migrating their website to a new hosting provider. The Designer can provide assistance with migration at an additional cost.
12.2 Designer-Initiated Termination
- The Designer reserves the right to terminate hosting services if:
- The Client fails to make timely hosting payments.
- The website contains illegal, offensive, or harmful content.
- The Client breaches the terms of this Agreement.
- In such cases, the Client will be given 7 days’ notice to move their website before hosting is suspended.
12.3 Data Responsibility
- Upon termination, the Designer is not responsible for storing or maintaining website backups. The Client must ensure they have a backup of their website before termination.
- If backup retrieval is requested after termination, an administrative fee may apply.
13. General Provisions
- Changes to this Agreement must be made in writing and signed by both parties.