Terms & Conditions
Between: Chiara Broom – Freelance Web Designer represented by Chiara Broom (CB)
And: You (the Client).
We (CB) will always do our best to fulfil your needs and meet 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.
You (the Client) are hiring CB to Design and develop a web site or web sites for you, your clients or your organisation.
The agreed price and details of our offering have been outlined in our previous correspondence.
Important: WordPress & Theme Builder
WordPress is an easy to use and intuitive system and you should mostly be able to use it without referring to tutorials. Please note: Tuition is not included in our web design price, although if you have tried unsuccessfully to find the answer on your own by looking at the forums and YouTube tutorials, please feel free to email us and CB will endeavour to help you.
1. Commencement Of Work
We require a 50% initiation fee, a completed web design brief and all content upfront.
1. 1 Supply of materials
We ask for all content upfront so that we can craft a website that displays your information in the best possible way. There will be no exceptions made.
However, if during the design process we feel additional information is required – we will let you know.
We’re not responsible for checking grammar or spelling of content provided.
All written content must be supplied fully proofed – changes to content during the design or approval stages may be billed at an agreed hourly rate.
Graphics and photographs
You should supply graphic files (including Logos) in an editable, vector digital format.
You should supply photographs in a high-resolution digital format.
If you’d like us to search for photographs for you, we can provide a separate estimate for that. All images are to be supplied by you to us via Dropbox / WeTransfer or similar.
2. Approval & Revision Stages
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 those additional hours (see scope creep below)
2.1 Approval Stages
Your package includes THREE approval or review stages.
- Layout & Design Approval:
Once I have all your content & the design brief – I will create the home page & one other internal page.
- You will then be given access to these for feedback & approval
- Once I have approval from you on the design elements, I can roll the design out and build the remaining pages.
- You are asked to supply your feedback in one email or document and you will have 7 days to supply your feedback at this stage.
- Content Approval:
Once all the pages have been built as per the approved layout, I will submit the site back to you for content approval. Once I have your feedback & subsequent approval, we can move onto the final checks outlined in point 3 below.This includes:
- Tweaks/changes to the general flow of content (ie. moving sections up or down on the page, changing column order etc)
- Swapping out images
- Changing headings
- Final Approval: I’ll ask you to cast your eye over the site, test the functionality, contact forms etc all work as expected. Once approved, you will be invoiced for the outstanding amount. On receipt of payment, your website will be made “live”. At this point, you will receive usernames & passwords as part of the handover. You will then have full access to update & make additional changes to your website.
SUPPLY OF FEEDBACK
We ask that you supply your feedback in a single email or document so that your requests can be done in one go rather than a bit here and a bit there.
In order to keep things moving each approval, stage allows for 7 days for you to supply feedback. Failure to do so may incur re-start fees as outlined in our web design agreement.
2.2 Scope Creep
Should either party need to update the scope of a project in order to achieve the desired outcome; these requests need to be submitted in writing. If these updates require a bit more work or the purchase of additional plugins – then both Parties will have to agree in writing to an updated cost for the project.
See 8.2 for details of hourly rates
2.3 Delays to the project schedule
We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients.
To encourage everyone involved to do this, a delay fee of five per cent (5%) of the agreed package price will kick in after seven (7) consecutive days of unresponsiveness.
Unresponsive is defined in this contract as “not providing information, instructions, materials or anything else necessary for the project to proceed on schedule”
If the client does not provide the required approvals, feedback, or content for any 14 day period after a request has been initially made; the project is considered abandoned. All incomplete work will remain the property of CB. The design and any paid fees or deposits made are non-refundable.
Client’s wishing to restart an abandoned project will be subject to a 25% restart fee based on the total project estimate and the project work will commence subject to availability of CB. If the site is already live then the project is considered complete and final payment due. The site remains the property of CB until final payment has been received.
The website remains the property of CB until final payment has been received.
4. Rejected Work
5. Cancellation / Termination of a Project
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. Finally, if any provision of this contract should 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.
6. 1 Client Liability
In the unlikely event that a client’s website should experience technical difﬁculty, or downtime post handover (full payment or invoice) – the designer accepts no responsibility and shall not be held liable for any ﬁnancial loss suffered by the client as a result.
Ongoing Maintenance & Care of your Website.
6.2. Intellectual property rights
You guarantee that all elements of text, images or other artwork you provide are either owned by yourselves or that you have 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.
When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we will assign all intellectual property rights to you as follows:
- You will own the website we design for you plus any visual elements that we create for it. If requested by you, we can give you source files and finished files and you should keep them somewhere safe as we’re 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.
- We own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you.
- 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.
7. Displaying our work/promotion
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 following payment schedule.
- 50% initiation fee (non-refundable) and 50% on Final Approval (before we give you access to the backend of your site.)
- 1 We issue invoices electronically
Our payment terms are 7 days from the date of invoice by Electronic Funds Transfer into the specified bank account or credit card payment. The appropriate bank account details will be printed on our electronic invoice.
Failure to pay the final amount will result in your site being removed from the internet until payment is made. Unfortunately, we are only able to keep the offline files associated with your website for a limited time (30 days).
Reinstating your site after this period will require a fresh design quote & possible admin fees.
Please be aware – in order to make space for other clients, we may well have to delete your files permanently after the 30 day period is up.
8.2 Hourly Rates for Maintenance & Additional Items
Unless otherwise agreed I charge £39 Per hour
Turn-around time 5-10 working days – subject to availability on the project board
There is a minimum charge of £39 and then after the first hour, this is billed in 30 min increments.
For Urgent Content Updates
Emergencies happen and I’m more than happy to accommodate urgent requests. However, my schedule is typically planned out a week or two. Taking on a last-minute job means making adjustments to the project board. In some cases, it may mean other projects have to be shifted about in order to accommodate urgent requests. With this in mind, should you have an emergency and need urgent updates or fixes to your site, the below rates apply.
£60 Per hour (min price £60. After the first hour this is billed in 30 min increments)
Turn-around time 48 hours – subject to availability on the project board
8. Final Notes & Small Print
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 for further projects additional work 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 courts of the United Kingdom