Project Terms of Service
Our Terms of Service procedure isn't long-winded and mind-blowing. We've tried to keep it simple and digestible.
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what, and what happens if something goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
What do both parties agree to do?
You: 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.
Us: 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.
As our customer, you have the power and ability to enter into this contract on behalf of your company or business. You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format, we ask for. You agree to review our work, provide feedback and approval in a timely manner too, in line with the project's assumption terms.
Deadlines work two ways and you’ll also be bound by any dates that 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 perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
Web / App Development
We build websites using best practice techniques that conform to web standards. We believe in creating sites which are easily accessible to all, we place a high focus on accessibility and usability. We are experienced in a number of development platforms and would have made recommendations on the best to use for this project. If any platforms for the project require premium licenses, you will need to obtain said licenses, and supply us anything required to make the platforms work; i.e. source code, assets, documentation and license keys, etc. If you'd like us to obtain platforms on your behalf, we can provide a separate estimate for this.
We’ll create the design for the look-and-feel, layout, and functionality of your responsive website/app/marketing or business material. The contract includes one main design plus the opportunity for you to make up to three rounds of revisions. Any further design revisions post the design stage, will be billed at the day rate of £420.00 per/day (excl. VAT). Working with others If required for the project, we are happy to work with third-parties who are able to provide additional skills. To ensure a smooth build process, we will require direct access to them, in accordance to the separate agreements you have with them.
Because we want you to be happy with the site we create for you, there will be two opportunities during the build to review and sign-off our work. The first will be at a suitable pre-arranged half-way point, while the second will be upon completion of a working site for you to preview. If, at any stage, you're not happy with the direction our work is taking, you'll pay us in full for everything we've produced until that point and cancel this contract.
We're not responsible for writing or inputting any text copy. If you'd like us to write new content or input text for you, we can provide a separate estimate for that.
You should supply graphics files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock images, we can suggest stock libraries. If you'd like us to search for images for you, we can provide a separate estimate for that if not included within your project's scope of work.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person's experience of a site is appropriate to the capabilities of the device they're using. We test our work in: iOS: Safari, Google Chrome, and Opera Mini. Android: Google Chrome, Browser, Firefox and Opera Mini. We currently don't test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian, Windows Mobile or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
You may already have professional hosting and you might even manage that hosting in-house. If you do, great, but it will be your responsibility to ensure it is compatible with the platforms used in the build. If not, we can provide rates for hosting your website with ourselves. If required we can install the working site on your server for you, but to do this we will need access to its FTP/SSH, databases and any other control panel software it uses. Any server management issues, and/or software updates required, as well as managing updates to the platform used in the build, will be up to you. If you require an on-going maintenance agreement, we can provide a separate estimate for that.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don't want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we'll need to accomplish everything you've told us you want to achieve, 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'll provide a separate estimate for that if this cannot be absorbed within the originally agreed scope of work.
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 have advised us of them. Finally, if any provision of this contract shall 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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you've permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You'll own the visual elements that we create for this project. We'll 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 elements of text, images and data you provided, unless someone else owns them.
We'll own the unique combination of these elements that constitutes a complete build and we'll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that. We love to show off our work and share what we have 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.
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:
1. 50% on sign-up (this will secure our time, and allows us to get started).
2. 25% on sign-off of half-way point review.
3. 25% on sign-off of working site preview and confirmation for your project to go live.
Any payments made to us should preferably be paid directly into our bank account by BACS transfer and are none refundable. This will minimise any disturbance to the flow of your retainer, project or any other job we are working on for you. Our bank details will be provided upon request.
But where's all the horrible small print?
Just like a parking ticket, 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.