What follows are the standard terms and conditions for a web design project undertaken by Handcrafted Websites. Before entering into a contract with a client, we will provide a draft agreement that includes a detailed project description, full costings and the full terms and conditions that apply to that particular project. The aim is to keep the process as transparent as possible and to reassure clients that may have understandable reservations about working with a remote agency.
The designer will use the client’s stated preferences to create a design that the client is happy with. The design will be uploaded for the client to comment on. The client can request alterations, and there will be no extra charge for these. The above quote does not oblige the designer to produce multiple designs for the client to choose between.
The fees quoted in the project description will constitute the final charge for the project providing the project is not subsequently altered. If additional work or materials are required for whatever reason the designer will notify the client and the client must express an agreement to any extra charge before the additional work begins.
No down-payment will be required, and an invoice will only be sent out once the website has been completed to the client’s satisfaction. However, if the client delays the completion of the project for a period exceeding two calendar months, the designer will be entitled to invoice the client for the portion of the project completed, plus the full annual cost of any hosting included in the project.
The textual content for the website is to be supplied by the client. Text is to be sent in Windows-compatible files as email attachments. The designer is not responsible for writing copy.
The client is responsible for supplying any necessary digital photographs for the website, and will supply them in the form requested by the designer. If extra photographs are needed (e.g. to decorate the website) and need to be purchased, they can be sourced and purchased directly by the client or an extra fee can be negotiated for the designer to source and buy the images.
The footer of the website will include a discreet link to the designer’s website. The client agrees to leave that link in place.
The designer will make every reasonable effort to meet any agreed deadlines. The client acknowledges that the designer’s ability to meet any deadline will depend on the client’s prompt provision of materials, feedback and design instructions.
The client acknowledges the responsibility to do the following in a reasonable and timely manner:
a. inform the designer of all relevant preferences to facilitate the design process;
b. provide all the necessary materials for the website;
c. proofread and check the good working (from the website visitor’s point of view) of the website.
The designer will test that the web pages appear with the desired layout and functionality on current versions of the following browsers: Firefox, Microsoft Edge, Safari, and Google Chrome. The designer will not test the design in old browsers such as Internet Explorer 6. If the client needs to show the same or similar visual design to visitors using these older browsers, the further work required will be charged for separately for an additional fee which will be agreed before the work begins.
The designer will be responsible for providing the client with information and instructions regarding the use of the content management system (if included in the website), the hosting control panel (if hosting is included in the project), business email address (if included in the project) and any other features of the website that the client needs to be able to manage. The instructions will assume that the client has a basic familiarity with techniques for handling files and installing software on the client’s computing hardware. Beyond this, the designer is not obliged to assist the client in the event that he or she experiences difficulties using and configuring his or her personal hardware and software.
A hosting account for a new website will be created at the beginning of the construction project. That will be the account to which suggested designs are uploaded and where the website will be built. Hence, the hosting period to be charged for will begin from the beginning of the construction period, not from a later date when the final website goes live.
When hosting is provided by the designer the latter accepts responsibility for the good working of the site while it continues to be hosted on the servers used by the designer. The designer undertakes to use for the hosting of this website only servers known by him to support the software used by the website and to be reliable.
In the event that there is a break of service the designer will undertake to do whatever is in his power to get the website working normally again as quickly as possible. Unless the damage is so bad that parts of the website have to be manually rebuilt, there will be no extra charge for the work involved in recovering the website. However, the client will not hold the designer responsible for any consequent losses caused by a break in service.
If the website reaches the current hosting limits for hard disk usage and/or monthly traffic, the hosting account will have to be upgraded regardless of whether or not the current hosting is due for renewal. The cost of the upgrade will be based on an estimate of the future needs of the website.
If, for some reason, the hosting ceases to be needed by the client or can no longer be offered by the designer, a percentage of the hosting fee will be refunded corresponding to the remaining fraction of the annual hosting period.
After paying the full fee for the project, the client has the right to move the code and the materials for the website to another server at any time he or she wishes without the consent of the designer. The hosting will be set up in such a way that the website can be so moved without the cooperation of the designer and all the necessary access details will be given shortly after the website goes live.
If a mailbox is included in the hosting, the designer will initially set up the corresponding business email address. He will also pass on all the details the client will then need to configure the software he or she will use to work with emails on his or her local device. The client acknowledges that it is his or her responsibility to ensure that that email software is configured correctly and continues to work correctly.
The client acknowledges that each mailbox on the server will have a limited capacity and when that capacity is reached it will stop working. It is the client’s responsibility to ensure that they manage their email in such a way that the mailbox does not fill up completely. The designer is not obliged to periodically check the state of the client’s mailboxes or to periodically check that the client is receiving mail that is sent to him or her.
The hosting control panel comes with a webmail facility that allows the client to see how full the mailbox is and to delete unwanted mail that is being stored on the server (after it has been archived on the client’s local device). The designer will provide information and advice about how to archive email locally so that mail can be deleted on the server, stopping the mailbox from filling up.
The client agrees that full handing over of the project (including access details for the content management system, the hosting account and email accounts, if included in the project) will only be made once the fees for the project have been paid in full.
The designer will set up the hosting and provide the client with all the necessary access details so that in the event of the unexpected collapse of Handcrafted Websites, the client can move the entire hosting account (including the website, database and mailbox) to another CPanel hosting account without needing any further cooperation or consent from the designer.
The client warrants that any text, graphics, photos, designs, trademarks, or other artwork provided for inclusion in the website are either owned by the client, or that the client has permission to use them.
The website will belong to the client.
If the project specifies the design of custom-built graphics such as logos, ownership of these will also be given to the client. The client also owns text content, photographs and other data he or she provided for the website.
If the project specifies a template-based design (rather than a custom built one), the designer has the right to use the same basic layout and similar styling on other websites.
With both template-based and custom-built website designs the designer reserves the right to reuse elements of the code for this website and/or certain visual elements that are not part of the client’s branding on other websites.
In the event of cancellation of this project, a cancellation fee for work completed shall be paid by the client. The size of the cancellation fee will correspond to the proportion of the work completed.
All invoices are payable within one calendar month of receipt. A £10.00 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of the original invoice.
The client shall assume responsibility for the cost of the designer collecting unpaid fees, including any legal fees necessitated by the default in payment.
Although the designer will remain responsible for the good functioning of the website for as long as he is being paid for the hosting and maintenance of the website, the client agrees that the designer will not be held responsible for any loss of income incurred due to a future malfunction of the website (in part or in its entirety).
The designer shall not be deemed in breach of this agreement if the he is unable to complete the project because of fire, earthquake, act of God or public enemy, death, illness or any other event beyond the designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the designer shall, where possible, give notice to the client of any consequent inability to complete the remainder of the project.
If any provision of this agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This contract and the services provided hereunder shall be governed by English law. Any disputes shall be subject to the exclusive jurisdiction of the English court.