Web Design and Development Terms and Conditions
The CLIENT is engaging Good Web Designer, as an independent contractor for the specific project of developing and/or improving a World Wide Website to be installed on the CLIENT’s web space located on an ISP’s web server.
If Good Web Designer is not hosting the website then the CLIENT hereby provides Good Web Designer with any necessary “write permissions” for the CLIENT’s web page directory, cgi-bin directory and any other directories or programs that need to be accessed for this project.
Should the CLIENT choose to host the website with a 3rd party ISP it is the clients responsibility to ensure that the hosting account meets the technical requirements of the website and the client agrees to liaise with the ISP regarding all support matters.
The client also agrees to allow Good Web Designer to use the website and screenshots as a reference in their advertising and marketing material.
Good Web Designer represents and warrants to the CLIENT that they have the experience and ability to perform the services required by this CONTRACT; that they will perform said services in a professional, competent and timely manner; that they have the power to enter into and perform this CONTRACT; and that their performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws. However, the CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet the CLIENTS satisfaction.
The CLIENT represents and warrants to Good Web Designer that it will provide the material as required in a professional, competent and timely manner; that it has the power to enter into this Agreement; and that its performance of this CONTRACT shall not infringe upon or violate the rights of any third party or violate any laws.
The website includes the number of pages and features specified in the SPECIFICATION and/or QUOTATION. In case the CLIENT desires additional standard web pages beyond the original number of specified in this CONTRACT, the CLIENT agrees to pay £30.00 per additional standard web page. There will be a reduction in cost if the client chooses to reduce the number of pages once development has commenced. Where additional custom programming is required this will be charged at the appropriate rate specified from the current price list.
Payment for additional work is due on instruction.
This CONTRACT does not include any maintenance or security updates. Web page and website maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between Good Web Designer and the CLIENT, it will be contained within its own document and not connected to this CONTRACT.
However, this CONTRACT does include minor modifications and corrections requested within a two-week period up to an average of 10 minutes per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the CLIENT or an agent other than Good Web Designer attempts to update the CLIENT’s pages during this time, time to repair the website or pages will be assessed at the hourly rate of £40.00 per hour and is not included as part of the modification time.
5. Payments and Payment Methods.
All services agreed to in this CONTRACT shall be sold for the price specified in the QUOTATION. Payment by bank transfer or debit/credit card via PayPal or standing order. Bank and PayPal details are shown on all invoices and statements. Payment by cheque and postal order is only acceptable by prior agreement. Only once a payment is cleared funds will it be deemed received.
Preferred payment methods are: Bank transfer, Standing Order, Cash, PayPal and debit or credit card via PayPal
Payment by cheque and postal orders: Payment by cheque or postal order is only acceptable by prior agreement. If paying by cheque or postal order additional terms and conditions may apply to your project and there may be an additional administration charge to cover the time and inconvenience of banking your payment.
6. Payment Terms.
Unless otherwise stated the following standard terms apply.
Joomla, Wordpress, Virtuemart or other Content Management System (CMS) and E-Commerce development projects
1. A minimum deposit of twenty five percent (25%) of the design and development project cost and the total amount of software license fees, hosting and training is required to on instruction to commence work.
2. A further twenty five percent (25%) is payable when the screenshots have been produced and the design concept approved or the design concept is used.
3. Twenty five percent (25%) is due once the installation of the Content Management System together with any third party components
4. Twenty five percent (25%) is payable once the site content has been input and the site is put on-line in a draft directory of Good Web Designer for the CLIENT’s viewing. There is then a period of up to 7 days during this which the site is made available for testing and correcting.
5. The cost of purchasing any third party components or images is payable on instruction. Alternatively the client may purchase these independently and provide them to Good Web Designer no later than 7 days before commencement of the project.
Template development projects
1. A minimum deposit of fifty percent (50%) is payable on instruction
2. When the template is complete it will be installed on my test server for viewing. There will be a period of 5 days during which minor changes to styling will be made.
3. The final fifty percent (50%) is payable on completion and before the template in handed over
Modules and Component development or modification projects
Either as a sole project or part of a larger project
1. A minimum deposit of fifty percent (50%) is payable on instruction
2. The final fifty percent (50%) is payable on completion and before the component in handed over or installed on the live server
All other training, consultancy and development services
Full payment on instruction unless otherwise detailed in the quotation or project proposal.
7. Additional Expenses.
With the prior written permission or acceptance of the quotation the CLIENT agrees to reimburse Good Web Designer for any additional expenses necessary for the completion of the work. Examples would be purchase of scripts, software, special fonts, stock photography and images.
8. Additional Services.
Any revisions, additions or redesign the CLIENT wishes Good Web Designer to perform not specified in the project specification shall be considered “additional” and will require a separate payment. Full payment is required on instruction.
9. Completion Date.
Good Web Designer and the CLIENT must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images, text and payments from the CLIENT on time. We agree to work expeditiously to complete the website in a professional and timely fashion. If however the completion of the site has been delayed due to the client not supplying data, text, images or payments then the balance of the project will
become due 14 days after we have completed development of the website structure, programming and pages minus any content or material not provided by the CLIENT. Good Web Designer reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Good Web Designer will be responsible for the final results of the project.
10. Copyright and Trademarks.
The CLIENT represents to Good Web Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Good Web Designer for inclusion in the web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements and will hold
harmless, protect and defend Good Web Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
11. Limited Liability.
The CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material avocation illegal activity and any infringement of privacy
or libel. The CLIENT hereby agrees to indemnify and hold harmless Good Web Designer from any claim resulting from the CLIENT’s publication of material or use of those materials. The CLIENT hereby agrees to indemnify and hold harmless Good Web Designer in any claim resulting from the submission of illegal materials. If Good Web Designer shall acquire an
Internet domain name on behalf of the CLIENT, then in such case the CLIENT hereby waives any and all claims which it may have against Good Web Designer for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by Good Web Designer for any reason.
12. Copyright to Web Pages.
Copyright to the finished, assembled work of web pages, templates, websites, source code and instruction manuals produced by Good Web Designer are owned by Good Web Designer. Upon full and final payment of this CONTRACT, the CLIENT is assigned rights to use as a website, the design, graphics and text contained in the finished, assembled website. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the CLIENT, and remain the property and copyright of their respective owners.
Re-selling, distributing or re-using any templates, source code, designs, layouts, or graphics is prohibited without the prior written permission of Good Web Designer and/or the respective owners. The CLIENT is assigned the rights to use the template on one website only. The CLIENT may keep one backup copy for recovery purposes only. 50% of the original template development charge will become payable by the CLIENT for every additional use of the template whether on a website owned and/or controlled by the CLIENT or not. Modification of the template by the client or a 3rd party does not effect these terms.
13. Authorship Credit.
Good Web Designer will include a byline, hyperlink and/or mata tags establishing authorship credit. The CLIENT agrees not to remove or have this byline or code removed without prior written permission from Good Web Designer and paying the appropriate fee which is normally equal to 20% of the project cost.
Good Web Designer, except as directed by the CLIENT, or if required to do so by law, will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever.
15. Cancellation and Refund Policy.
In the event that work is postponed or cancelled at the request of the CLIENT, the CLIENT will forfeit any deposit paid under this AGREEMENT. Good Web Designer shall have the right to bill pro rata for work completed to the date of that request and for any software, scripts images or other items purchases for the project, while reserving all rights under this CONTRACT. If additional payment is due, this shall be payable within 7 days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by Good Web Designer and Good Web Designer shall own all rights to the work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
16. Payment of Fees.
In order for Good Web Designer to remain in business, payments must be made promptly. Invoices are due upon receipt. If payment is not received within 7 days We reserve the right to stop work until full payment of the project has been received. If an amount remains outstanding thirty days after its due date, an additional five percent (5%) above the Bank of England base rate, penalty will be added for each month the invoice remains outstanding. Good Web Designer reserves the right to remove web pages and websites from viewing on the Internet and block email accounts until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.
17. Updates and Support Services.
All requests and acceptances must be in writing via email. If no maintenance or support contract exists Good Web Designer is not bound to carryout any maintenance or support services requested by the CLIENT. The following rates apply:
During normal weekday office hours
• Standard site updates, template tweaks, component installation and site maintenance and support work required to be carried out during normal office hours with a minimum of 3 working days notice £40.00 per hour. Minimum charge 10 minutes. Payment required on instruction.
• Component development, modification, updates and support required to be carried out during normal office hours with a minimum of 3 working days notice £50.00 per hour. Minimum charge 10 minutes. Payment required on instruction.
Out of hours or emergency and short notice
• Site updates, template tweaks, component installation and site maintenance and support requested to be carried out at short notice or during the evenings and weekends £60.00 per hour. Minimum charge 1 hour. Payment required on instruction.
• Component development, modification, updates and support requested to be carried out at short notice or during the evenings and weekends £80.00 per hour. Minimum charge 1 hour. Payment required on instruction.
18. Entire Understanding.
This CONTRACT constitutes the sole agreement between Good Web Designer and the CLIENT regarding the Web Design and Development Service. It becomes effective when the CLIENT instructs Good Web Designer to commence work. This CONTRACT shall be governed and construed in accordance with the laws of the United Kingdom. The parties agree that if any part, term or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.