Terms and Conditions

Web and e-C0mmerce Design

Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. With these terms you won’t find any complicated legal jargon or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we 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 a project on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. 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 in the invoice sent to you.

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.

Design

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

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder, Github repository or development site with you and we’ll have regular contact.

Content

Text content will be provided by your unless you have agreed to us creating written content for your site. It is the responsibility of your graphic designer and / or photographer to provide images, graphics, logos and photography to us if this is the arrangement agreed.

Graphics and photographs

You should supply graphic files in an editable, vector digital format when possible. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that. All stock photos for product listings are to be provided by you, your graphic designer or photographer.

HTML, CSS and JavaScript

We deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills 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.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that. Otherwise, in these scenarios we code in messages to inform the user or site visitor that they are using an older browser version and should upgrade to view the site as it is intended in order to gain the best possible user experience.

Mobile browser testing

Mobile browser 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. We test our designs in:

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

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

Technical support / After Market / Web Management

Technical support including support with hosting, website issues, etc. is a seperate service listed under web management

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking without our optimisation services in place, but the web pages that we develop are accessible to search engines.

Changes and revisions

We don’t want to limit your ability to change your mind. The quote we give you is based on the number of weeks that 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 those additional weeks.

Legal

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, 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’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under your invoice 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 we’ve advised you of them.

Finally, if any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any remaining provisions.

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 you or your business, 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 we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files if you like and you should keep them somewhere safe as we’re 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.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our website portfolio and in articles on websites, our social media channels, in magazine articles and in books. We also reserve the right to list you as a client of ours on our website, and social media channels.

Payment schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.

We prefer to issue invoices electronically but we can send a printed copy if you specify this preference to us in email. Our payment terms are 14 days from the date of invoice preferably by bank transfer or alternatively please specify a method that would best suit your needs. All proposals are quoted in euro 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 if applicable. The appropriate bank account details will be printed on our invoice. 

Clauses

Quotes given are completely confidential and neither party can transfer the quote to anyone else without the other’s permission. The price quoted is in conjunction with clauses, listed as follows:

Clause 1: Displaying and Reviewing our Work

As stated in the “Displaying our Work” section, we have the right to display and advertise our work on our website portfolio and in articles on websites, our social media channels, in magazine articles and in books. In addition we require some form of written review upon satisfactory completion of a project that will be displayed on our website, our social media channels, in magazine articles and in books. This can be written and signed by you and approved by us or if you like, it can be written by us and signed and approved by you.

Clause 2: Revisions

We allow a total of 3 free revisions to any project. A revision is when we hand over work to you in some form and upon review you request a major change to the look or functionality. We’ll always allow on-going tweaks and improvements etc. so that you are completely happy with the end result, however, with a project deadline in place, it’s important to minimise major revisions. The best way to do this is to make it very clear early on as to what is required and the direction you’d like the project to take. Any further revisions after a third will have to be billed hourly.

Clause 3: Unforeseen circumstances

Should we be unable to complete the project at any stage for whatever reason, the credentials for the projects will have been handed over, including all passwords, usernames, urls and any other details pertaining to the access of the project backends. The work in place will be of a standard to hand over to new designers to carry on to project completion. The foundations will also have been put in place for possible on-going work after project completion such as seo, blog writing, social media management etc.  

 Agreement

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under these terms and not cause the other to breach any relevant laws or regulations.

By reading these terms and conditions you agree to them for your web design or e-commerce project.

These terms remain in place during and post project.