Design terms

Just a few lines to keep everyone on track

Please ensure that you read and fully understand these terms and conditions.

Summary

I Design and develop a web site for the estimated total price of as outlined in previous correspondence with you. Of course it's a little more complicated, but I'll get to that.

I'll always do my best to fulfil your needs and meet your expectations, but it's important to have things written down so that I 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. I've no desire to trick you into signing something that you might later regret. What I do want is what's best for both parties, now and in the future.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You provide the assets and information I tell you I need to complete the project. You'll do this when I ask and provide it in the formats I ask for. You review the work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you'll also be bound by dates I set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: I have the experience and ability to do everything I've agreed with you and I'll do it all in a professional and timely manner. I'll endeavour to meet every deadline that's set and on top of that I'll maintain the confidentiality of everything you give us.

Design

I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS and PHP so I won't waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (colour, texture and typography.)

You'll have plenty of opportunities to review the work and provide feedback. I'll either share a Dropbox, Google Drive folder or Github repository or development site with you and I'll have regular, possibly daily contact. If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction the work is taking You'll pay us in full for the time I've spent working with you until that point and terminate this contract.

Text content

Unless agreed separately, I'm not responsible for inputting text or images into your content management system or creating every page on your website. I provide professional copywriting and editing services, so if you'd like me to create new content or input content for you, I can provide a separate estimate for that.

Graphics and photographs

HTML, CSS and JavaScript I deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection and behaviours.

Browser testing

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.
I test the work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I'll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. I won't test in other older browsers unless I agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Browser Support

I aim to make every website display acceptably in the most popular current browsers, however due the the rapidly changing environment of the internet and the related technologies I cannot accept responsibility for pages which do not display correctly in new versions of browsers released after pages have been designed.

Compliance with Ecommerce, Accessibility or Other Regulations:

I design websites in accordance with you's specifications. It is your responsibility as the client to ensure that the website and its content comply with current online trading laws and regulations. I cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. In any business where complex compliance issues may exist I recommend that you takes legal advice from their company lawyer.

Mobile browser testing

Mobile browser testing Testing using popular smaller 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. I test my designs in:

iOS 9: Safari, Google Chrome
Android: Google Chrome on Android Emulator

I won't test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless I agreed separately. If you need me to test using these, I can provide a separate estimate for that.

Technical support

Code Cobber is not a website hosting company so I don't offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don't, I can set up an account for you at one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Search engine optimisation (SEO)

I don't guarantee improvements to your website's search engine ranking, but the web pages that I develop are accessible to search engines. Please be aware that I am not responsible for ongoing web site promotion.

Should you require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While I can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

Quotations & Acceptance Quotations:

The price quoted to you is for the work specifically agreed on the quotation only. Quotes are valid for 28 calendar days from the date of issue. Should you decide that changes are required after work on the website has commenced then additional charges will have to be negotiated.

An advance minimum deposit of 50% of the total cost of the web site project is required before work can commence. After work commences this is non-refundable. Your approval for work to commence shall be deemed a contractual agreement between you and I. Approval for the work to commence and payment of the advance fee indicates that you accepts the terms and conditions outlined in this document.

Cancellation:

Should you wish to cancel at any point during the process you shall remain liable for the work that has taken place and shall be invoiced accordingly. The full invoice must be paid if you fails to provide confirmation within 7 working days. Should you wish to cancel then you will be liable for the hosting of the respective month (if applicable). In the event you decides to move to another provider then any hosting fees previously paid for are non refundable as the (hosting provider would have already have been paid). Where applicable there may also be a domain name transfer charge set at £25.00 per domain.

Client Sign off & Proofing Checking

It is your responsibility to ensure that the design meets your requirements. Once agreed that the designs meet the requirements then a proof sign off document is required. Once you proof sheet has been signed by you then I take no responsibility for for any mistakes, missing or incorrect content. Any changes to the design will result in additional charges of £55.00 per hr Changes and revisions I don't want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that I estimate I'll need to accomplish everything you've told me you want to achieve, but I'm happy to be flexible. If you want to change your mind or add anything new, that won't be a problem as I'll provide a separate estimate for those additional weeks.

Content Management CMS Training:

I will provide basic instruction via documentation for the cms. Additional Training Rates: Upon completion of the CMS training/instruction, responsibility for the maintenance of the web site belongs to client. Any further instruction relating to the CMS will be charged at the rate of £55.00 per hr.

Legal stuff

I'll carry out work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I can't guarantee that the work will be error-free and so I 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. Your liability to us will also be limited to the amount of fees payable under this contract and you won't be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I've advised you of them. Finally, 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.

Web Site Updates & Amendments Malicious Activity:

Once the website has been completed, if there is any malicious or negligent activity on the website once it has been completed (basically, someone messes with the original code and breaks part or all of the site), then there will be additional costs to amend any issues with the website. There are ways to prevent this, for example we will give you FTP details, it is strongly advised that only professionals use this information to access the website, as modification of any of the files can cause major disruption, which will eventually lead to extra costs.

Re-installation Of Web Site:

Once the web site has been handed over to you, Should your website need re loaded onto the server as a result of your or other's actions then a charge of £75.00 will apply.

Future Site Problems:

Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today's Internet. After the website is handed over I cannot be held responsible for problems caused by illegal activity or the actions of others.

Intellectual property rights

Just to be clear, “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 your good selves, 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 I am using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I have obtained permission to provide them to you. Generally I utilse copy right free images from sources such as Unsplash to avoid any confict. When I provide text, images or other artwork to you, I 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, I'll assign all intellectual property rights to you as follows: You'll own the website I design for you plus the visual elements that I create for it. I'll give you source files and finished files and you should keep them somewhere safe as I am 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. I own any intellectual property rights I've developed prior to, or developed separately from this project and not paid for by you.

I own the unique combination of these elements that constitutes a complete design and will license it's use to you, exclusively and in perpetuity for this project only, unless I agree otherwise.

Dormant Projects:

Any projects that continue to remain dormant (no instruction have been received from you) for a period of more than 30 days will be subsequently removed from our database. Design projects that have been removed from our databases will be subject to a re-instatement fee of £50 should you wish to reinstate the project. I will endeavour to contact you before a project is removed from it's databases. However I accept no responsibility for maintaining contact with any client with regard to any project. Any projects that are declared dormant waive any right to a refund of any fees paid. It is at my sole discretion whether a credit note could be issued.

Displaying my work

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure You'll want to stay friends, you agree to stick tight to the following payment schedule.

[Payment details] 50% deposit at start of projects
[Payment schedule] I issue invoices electronically.

The payment terms are stated on the invoice and payable via by BACS. All proposals are quoted in pound Sterling and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on an electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.

Invoices are issued for website and or logo designs at the start of and upon completion of the project. Payment of the balance is due immediately on completion of the website. I reserve the right not to provide the website or logo until full payment has been received (to date this has never happened, thankfully).

But where's all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other's permission. I both agree that I'll adhere to all relevant laws and regulations in relation to activities under this contract and not cause the other to breach any relevant laws or regulations. 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 Scottish and English courts.

Design processes with Code Cobber