Design Agreement
Design Agreement

Terms & Conditions

Summary

We'll always do our best to fulfil your needs and meet or exceed 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 this contract you won't find any complicated legal terms or long passages of unreadable text. We've no desire to trick you into signing something that you might later regret. What we do want is what's best for both parties, now and in the future.

In Short

You are hiring Web Dandy located at 128 Crescent Road, Ramsgate, Kent. CT11 9RE to design and develop a web site for the agreed price as quoted in our previous correspondence.

What Do Both Parties Agree To Do?

You have the authority to enter into this 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 set out at the end of this contract.

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

For logos, brochures, leaflets: we will prepare PDF versions and send them to you to review and provide feedback.

For websites: we create wireframe (snapshot) designs which are presented via the web. Designs are prepared for desktop, tablet and mobile. You'll have plenty of opportunities to review our work and provide feedback.

Text content

We're not responsible for writing any text copy (or for inputting text if you have chosen a content management system, although we are happy to enter content supplied to us when we first setup the site). If you'd like us to write new content or proof read your content to detect and correct grammar and spelling errors, we can provide a separate quote for that.

Graphics and Photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. For stock photography, we work with Deposit Photos and can provide image packs. If you'd like us to search for photographs for you, we can provide a separate quote for that. If you'd like to have photographs taken (including product photography) please ask and we'll organise for a professional photographer to give you a quote.

HTML, CSS and JavaScript

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

Timescales

You agree to provide us with all the necessary information we require to progress the project in a reasonable timescale. Delays of more than 10 working days by you to provide the necessary information will constitute a breach of contract. We reserve the right in such circumstances to terminate the contract and recover the total cost of the project.

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.

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), Mozilla Firefox and Opera. We do not support Microsoft browsers below IE11 as standard. If you need a design for an older browser, we can provide a separate quote for that.

Tablet & mobile browser testing

We design flexible layouts that adapt to the capabilities of many devices and screen sizes. 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 9: Safari, Google Chrome Android: Google Chrome on Android Emulator.

We won't test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

Other Services

Website Hosting and Email

No guarantees are made as to the availability of hosting or email or the interruption of these services. We cannot accept liability for losses caused by the unavailability, malfunction or interruption of hosting or email, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

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.

Technical Support

Our work is fully guaranteed, if we've missed something during testing, we'll fix it.

Changes & Revisions

The price quoted is based on your brief, 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 can provide a separate quote for that.

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 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.

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 you, 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.

We'll assign intellectual property rights to you as follows: after a period of two years in the case of a set monthly fee website; and provided you've paid for the work and that this contract hasn't been terminated in the case of a one-off payment website.

  • You'll own the website we design for you plus the visual elements that we create for it. 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. 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.
  • We do not normally supply original master working files. If these are required we can provide a separate quote for that.

Links and Displaying Our Work

  • We'll link from your site to our site (or a site owned by us), this maybe in the footer or on a page which gives information about our services. If you wish to remove the link/page we can provide a quote for that.
  • 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.

Payment

As we're sure you understand how important it is as a small business that you pay the invoices that we send you promptly, you agree to stick tight to the following payment schedule.

For set monthly fee sites:

  • By monthly direct debit on the same day each month.
  • For a period of no less than one year.

For one-off payment sites:

  • 50% non-refundable down-payment before we start.
  • 40% is due when coding and testing is complete, even if the site content has not been uploaded (if it has not been supplied) unless you have asked us to do the copywriting.
  • The remaining 10% balance is payable before the website is released (or 14 days after the admin system release if you have a CMS, whichever comes first).

We reserve the right to charge interest on all overdue debts at the rate of 8% plus the Bank of England base rate plus an administration charge for the additional costs in chasing up the payment.

If accounts are not settled we will then pass such cases to the Small Claims Court to pursue payment.

Where's The Small Print?

You can't transfer this contract to anyone else without our permission. 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.

Paying the down-payment acts as an agreement to the above terms.

Quotes

Quotes are valid for 30 working days from date of issue.

Based on Stuff & Nonsense's Contract Killer.