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Terms of Service

In the interest of being open, I have uploaded my terms of services to this website.

I will always do my best to fulfil 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 stuff goes wrong. You won’t find complicated legal terms or long passages of unreadable text here. I have no desire to trick you into becoming a client. I do want what’s best for the safety of both parties, now and in the future.

In most cases, I will send you a proposal with an agreement attached. Much like these terms, this will have no complicated legal jargon.

If you’re hiring me for a project…

You will need to provide me with everything that I’ll need to complete the project – including text, images and other information – as and when I need it and in the format I ask for.

You will need to review my work, provide feedback and approval in a timely manner too. 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 in your agreement.

I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way, I will endeavour to meet all the deadlines set but I 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 my work on-time at any stage.

On top of this, I’ll also maintain the confidentiality of any information that you give me.

Getting Down To The Nitty Gritty

Website Design

If I am designing your website I’ll create designs for the look-and-feel, layout and functionality of your website. This usually includes one main design plus the opportunity for you to make up to two rounds of revisions unless stated otherwise. If you’re not happy with the designs at this stage, you will pay me in full for all of the work that I have produced until that point and you may either cancel your project or continue to commission me to make further design revisions at my standard design rates.

HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, I’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and my approach is to look forward, not back. With that in mind, I will test all my markup and CSS in current versions of all major desktop browsers to ensure that I make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.

I do not cater for people using Microsoft Internet Explorer 6 and cannot predict the behaviour of that browser.

I will also test that these templates perform well on Apple’s iPad. I will not test old or abandoned browsers, for example, Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need me to consider these older browsers, I will charge you at my standard old browser rate for any necessary additional design work, development and testing.

Text Content

I may have written a hundred blog posts but I’m not responsible for writing or inputting any text copy unless I specified it in the original estimate. I’ll be happy to help though, and in addition to the estimate, I will charge you at my standard copywriting or content input rate.

Photographs

You will supply me photographs in digital format. If you choose to buy stock photographs I can suggest vendors of stock photography. Any time I spend searching for appropriate photographs will be charged at my standard discovery rate.

Changes and Revisions

I know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. I don’t want to limit either your options or your opportunities to change your mind.

In my proposals, I include a quotation price based on the amount of work I estimate I’ll need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. I’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. I may also ask you to put requests in writing so I can keep track of changes.

If the nature or functions of the project change significantly throughout the process, I reserve the right to deem the current project cancelled. At this point, you will pay me in full for all the work I have done and may commission me to complete the new project based on the new requirements. This will require a new quote and contract.

Technical Support

I’ll support my projects for three months on launch. This will make sure everything I have built is running smoothly. After then you can request a monthly support package or a pay-as-you-go package. Please feel free to ask me about my support cover pricing.

If you wish to support the site yourself this is fine. I will not be responsible for lack of updates.

Please note; I do not support websites that are outside of my hosting environment and will not support plugins or other software installed by yourself.

Legal stuff

I can’t guarantee that the functions contained in any web page templates or in a completed website will always 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 arising out of the operation of or inability to operate this website and any other web pages, even if you have advised me of the possibilities of such damages.

Copyrights

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by your good selves or that you have permission to use them.

When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that I create for you for this project.

I’ll give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files I used to make them.

You also own text content, photographs and other data you provided unless someone else owns them. I own the markup, CSS and other code and I license it to you for use on only this project.

I love to show off my work and share what I have learned with other people, so I reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles and in books about web design.

Hosting

You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution I am providing, I can set up an account for you on my hosting platform. I will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics.

I offer two solutions for hosting with me:

Managed

If you do not require access to the hosting environment I will manage the hosting for you. I’ll manage all elements of hosting including updates to my server. This is on my shared platform.

Un-Managed

You will be provided access to a hosting panel. You can then manage all elements of hosting. I will not be responsible for updates to the server.

Cancellations

To cancel your hosting I require at least 30 days notice before your account is set to renew. If you fail to contact me before the 30 days your account will automatically renew and an invoice will be generated for the money owed.

Payments

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I am also sure you’ll want to stay friends, you agree to stick to your chosen payment schedule within your proposal.

Projects

If you are unable to supply all of the right content at the final stage of a project, it does not mean I have not done my job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, I will issue the final invoice. Once the final invoice is paid I will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms I have given you, I am under no obligation to keep the site on my testing server or continue with the project in anyway. In the event of overdue payment, interest shall accrue on the invoice amount at the statutory rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 or at the rate of 2 per cent over the base rate of Barclays Bank Plc (whichever should be the higher). At the Company’s discretion, a fee of £10 (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. the Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue. the Company expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.

Hosting Payments

Your hosting bill will be generated one month before your hosting is set to renew. It would be great if you could pay it on time. Failing that here’s what happens:

Week 1 – your hosting will fall into a suspension period. Your website will show a Suspension message and you will no longer be able to receive emails on my server. If you want to reactivate your website from this point would will be charged an additional £50 to reactivate the site. This is not a penalty fee, it’s to cover the cost of the time taken to reactivate your hosting package.

Week 4 – Your site will be removed from my server completely. I will not be responsible for any loss of data including, but not limited to; your website, customer information, sales information, emails or any other data.