TERMS OF SERVICE: SUMMARY
Our Terms of Service are designed to be clear and concise. 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.
In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
You are hiring us, WEBCETERA, to develop a website at a price agreed in previous correspondence.
What do both parties agree to do?
You have the authority to enter into this contract 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 need. 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.
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.
GETTING DOWN TO THE NITTY-GRITTY
We create demo pages that are presented to you to view privately via the web. You then have the opportunity to review and feedback. All design work is created with responsiveness in mind, and we test on most modern mobile devices (see section ‘Browser Testing’ for further detail on mobile devices)
We do not write text copy for your pages unless agreed separately. It is your content and you are responsible for writing it.
As part of the ‘Website Starter Package’, we agree to add written content into up to six (6) pages. If the amount of text is more than is reasonably advised for a single page, we will advise you accordingly and suggest either editing the text or creating a separate page.
For all other website work, unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. If you’d like us to create new content or input for you, we can provide a separate estimate for that.
Graphics and photographs
You should supply graphic files in an editable, vector digital format.
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.
We include up to six (6) ‘Essential’ stock photo’s from iStockPhotos as part of the ‘Website Starter Package’. We provide you a link to their website and it is up to you to source the photos you would like included.
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.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (IE9 +), Mozilla Firefox and Opera.
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.
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.It is also an increasingly important part of SEO.
We test our designs in:
- iOS 9: Safari
- Android 3.4: Default browser and Firefox
- Android 4.1+: Chrome
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. Our websites should work fine on these, but if you need us to test using these, we can provide a separate estimate for that.
We’re not a website hosting company. We use dedicated hosts based in the EU, and the support from these is dependant on what it chosen. This will be discussed separately.
All our work is guaranteed. If we deliver something that doesn’t work, we will fix it at no charge.
If the fault is found to be something that you have created, for example if you add a CMS plugin that isn’t compatible, this work will be chargeable at a rate of £50 per hour.
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers.
SEARCH ENGINE OPTIMISATION (SEO)
Our website is created to be SEO ‘friendly’. All SEO good practice and Google guidelines are adhered to, unless you request features that do not adhere to these.
Ongoing SEO support and management is not included. We are SEO specialists and can provide separate quotes for SEO work.
SEO doesn’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines, and we can provide options for them NOT to be listed if required: please notify us of any pages you do not want search engines to crawl as we can request search engines to ignore them (it is up to individual search engines to honour this request)
CHANGES AND REVISIONS
Prices we quote are based on your brief as a result of the discussion between us and you.
However, we can be flexible, so if at any point during the development you require a change, contact us to provide a quote for development changes.
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.
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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves or that you have permission to use them.
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. 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 design and we’ll licence its use to you, exclusively and in perpetuity for any given website development project 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 in our portfolio and in articles on websites, in magazine articles and in books.
We’ll send your finished files (or in the case of WordPress, your theme) and you should keep them somewhere safe as we’re not required to keep a copy.
If you lose your files and require them to be re-sent (if we’ve kept a copy) or prepared again, a charge will be payable.
We’ll link from your site to our site (or a site owned by us), this maybe in the footer or on a page which gives information about our services. If you wish to remove the link/page we can provide a quote for that.
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.
All payments, other than monthly
- 20% Stage 1: non-refundable deposit once the specification is agreed, this will mark the start of the project and we’ll purchase hosting and start development
- 60% Stage 2: 60% of balance once the site structure and content complete as per original spec. At this point the site may be ready to go live, or you might consider further, off-spec work
- 20% Stage 3: Once you sign off the website as ready, we bill you the balance and agree a go-live date. We will make the website live in accordnce to this and provide all handover materials within a matter of days.
- Please refer to the individual product. We take a small, non-refundable sum as commitment to develop the website. This is not part of any monthly amount agreed.
- The monthly sum starts from, or close to, the 1st of the month following the website going live
- You will be invoiced for the agreed monthly amount on or around the 1st of every month. Payment terms are 10 days, but we are happy to accept automated payments
- Monthly contracts are subject to a minimum term (please refer to individual product) and no end date, so the monthly amount will continue to be invoices until you inform us to stop
BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?
You can’t transfer this contract to anyone else without our permission. This contract stays in place and needs 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.
Paying the deposit acts as an agreement to the above terms.
Thanks to Stuff & Nonsense for these Ts & Cs