Terms & Conditions
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.
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
For logos, brochures, leaflets: we will prepare PDF versions and send them to you to review and provide feedback.
For websites: we create a wireframe (snapshot) design which is 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.
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.
Graphics and Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format.
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.
You agree to provide us with all the necessary information we require to progress the project in a reasonable timescale. Timelines are reliant on feedback within 48 hours of us sending designs for approval or requesting information.
Delays of more than 28 days, by you to provide the necessary information will constitute a breach of contract.
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 Edgeand Mozilla Firefox. We won't test in older versions unless agreed separately. If you need a design for an older browser, we can provide a separate quote.
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 Apple Safari and Android Google Chrome.
We don'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.
Website Hosting and Email
Although our hosting packages are very reliable and rarely suffer from downtime 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 fully search engine optimised and are accessible to search engines.
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 and the number of weeks we've estimated the work will take, but we're happy to be flexible. If you change your mind that won't be a problem:
- Where the design brief changes or design alterations are requested after the design phase is completed and signed off we'll provide you with a quote for the new work.
- We're happy to discuss design changes over the phone etc. but design feedback must also be documented and sent in writing to us via email.
Where additional functionality, changes or revisions are required we can provide a quote.
Maintaining and Updating Your Site
In the case of WordPress websites it's important to keep your site maintained and regularly update the WordPress core, themes and plugins. Where a WordPress, theme or plugin vulnerability is found and a new secure version released; the WordPress core, theme or plugin should be updated as soon as possible after the new secure version release date.
Web Dandy cannot take responsibility if your website is hacked where the site has not been maintained and if it is found to have been hacked your site will be taken offline and you will incur a charge for the cleaning and testing of the site before it can be made live again.
For static HTML, PHP, CSS and JS sites we will advise you if there are any security vulnerabilities and if any work needs to be done to update your site to keep it secure.
If you require a Content Management System (CMS) to maintain your site we will normally code your site in WordPress. When we build your WordPress website, depending on the required functionality, we may use the professional version of the plugin(s). There is no charge for the use of these pro plugins while you host with us.
Software End of Life
Where PHP, database or other software has reached its End of Life (EOL) and is no longer supported by its developers we will test your site on our testing platform to confirm its compatibility with new PHP, database or other software.
If your site performs as expected we will then make the required changes to the live site. Where there are issues we will provide a quote to resolve them. If they cannot be resolved we will let you know and discuss other solutions.
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.
It's your responsibility to check proofs carefully for accuracy in all respects ranging from spelling to technical illustrations. By paying the remaining balance on your project you agree that all work is correct to your standards.
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. You are responsible for all trademark, service mark, copyright, and patent infringement clearances.
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. You do not own any images we supply as part of the design or for SEO purposes.
- 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.
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.
- We love to show off our work and share what we've learned with other people, so we reserve the right, 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.
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.
Set Monthly/Pay Monthly Fee Sites
- A non-refundable down-payment before we start.
- A monthly direct debit/standing order on the same day each month.
- For a period of no less than one year.
- If a payment is missed or is late the contract will be rendered null and void and your email, hosting and website will be removed from the server.
One-Off Payment Sites
- 50% non-refundable down-payment before we start.
- The balance of payment is due prior to the site going live.
Annual Contracts (On A Pay Per Month Basis)
- By monthly direct debit/standing order on the same day each month.
- For a period of no less than one year.
- If a payment is missed or is late the contract will be rendered null and void and payment at the standard monthly payment amount will be due (as well as the difference in the months payments already made).
SEO Or Monthly Maintenance Plans
- By monthly direct debit/standing order on the same day each month.
- 2 months notice is required to break the contract.
- Payment in full before we start.
You shall not unreasonably withhold acceptance of, or payment for the project.
If, prior to completion of the project you observe any non-conformance with the design plan, you must notify us promptly and allow us time to make the necessary corrections. Rejection of the project due to cancellation during its execution will result in a forfeiture of the down payment and the billing for all additional labour and/or expenses to date. All elements of the project must then be returned to us.
Should you become non-responsive and/or unreachable for a period of more than 28 days, we reserve the right in such circumstances to terminate the contract and to invoice up to the point of halting work if billable hours are greater than the project down-payment.
If your project goes over 6 months from the project start date (the date you paid your deposit invoice), due to delays by you, your project will need to be re-quoted (unless we have agreed that the project will take more than six months).
We also 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 are valid for 30 days from date of issue.
Based on Stuff & Nonsense's Contract Killer.