Terms & Conditions
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What both parties agree to
You : 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 need to complete the project. You’ll do this when we ask and provide 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 at the end of this contract.
Us : We have the experience and ability to deliver 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.
By working with us, you agree to the following:
Design services
We’ll create responsive designs which adapt to the capabilities of many devices and screen sizes. To give you a better understanding of our designs, we’ll use HTML and CSS predominantly which will also avoid us wasting time mocking up every template as a static visual. Sometimes, we’ll use visuals to indicate a creative direction (colour, texture and typography.)
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share either a Dropbox, Google Drive folder or Github repository or a development site with you. We’ll have regular, possibly daily, contact by phone, WhatsApp, or Zoom.
If—at any stage—you change your mind about our deliverables or aren’t happy with our work, you’ll pay us in full for the time we’ve spent working with you. Then, we agree to terminate this contract.
Written content
Unless agreed separately, we’re not responsible for providing text or images to your website or creating every page. We provide professional copywriting and editing services, so if you’d like us to create, edit, or input content for you, we’ll provide a separate estimate.
Graphics and photographs
You will supply graphic files in an editable, vector digital format including Adobe Illustrator (Ai) or EPS. You will provide high resolution digital photographs.
Changes and revisions
We work to your specifications. We provide the ability to review our work regularly, usually daily. We ask for a review and sign off of the agreed requirements. Any additional work not in the original works will be treated as a separate request and we will be happy to provide an estimate for this.
Testing
You understand that 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. You agree it does mean ensuring someone’s experience of a design should be appropriate to the capabilities of their browser or device.
We will test our work only in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla (Firefox.) We won’t test in older versions unless agreed separately. If you need an enhanced design for an older browser or specific device, we will provide a separate estimate for that. We will test your design using the latest versions of:
iOS: Safari on iPhone and iPad
Android: Google Chrome
We won’t test specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using alternative devices, we will provide a separate estimate.
We can also accept no responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client/put live
Search engine optimisation (SEO)
You understand we don’t guarantee improvements to your search engine ranking, but that the websites we develop are accessible to search engines.
We can provide a quote to do SEO work on a monthly retainer basis only.
Hosting
We are happy, and indeed, recommend you host your website with us. This is to keep things simple and everything together and to keep responsibilities encapsulated. If you do choose to host with us, we ask you abide by our terms of hosting:
- Payment in full to be made on the first of every month, to continue service into that month (ie. payment on 1st December guarantees your December hosting).
- You agree not to host illicit or illegal materials either for display on our website or to be kept in your hosting account.
Legal stuff and nonsense
We carry out work in accordance with good industry practice and at the standard expected from qualified people with relevant experience. That said, we can’t guarantee our work will be free from errors. We won’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 be limited only to the price stated in this contract. 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 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.
Intellectual property rights
You guarantee the written content you provide is original, or that you have the rights to use it. You also guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries. You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them.We guarantee our work is original. When you’ve paid us in full—and if this contract hasn’t been terminated—we’ll assign intellectual property rights to you as follows:
You’ll own the graphic files we produce during your project. We’ll give you permission to use these files for any purpose.
We’ll own the unique combination of elements which constitute the complete design. We’ll license it to you, exclusively and in perpetuity, for this project only.
Displaying our work
We reserve the right to display any aspect of our work as long as doing so doesn’t breach any confidentiality agreement. This may include sketches, work-in-progress designs and the finished project on our website, in magazine articles, or in books.
Payment schedule
You understand how important it is for a small business that you pay your bills promptly. We’re also sure you’ll want to stay friends, so you agree to stick tightly to the following payment schedule.
50% deposit of the initial agreed price to cover all work until the website is ready to go live.
The remaining balance, plus any hosting fees applicable for that month on a pro-rata basis, plus any balance for additional work taken on during the project as a result of changing requirements - to be paid before the website is put live, but after approval from the client.
Our payment terms are that payment is due on receipt of invoice. We issue invoices electronically and our bank account details will be included. Our invoices will be in pounds sterling. If your currency is different, you agree your payments will be the same value.
You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest on all overdue debts at the rate of 4% per month or part of a month.
Design Credit & Marketing
A link to BVSWebDesign will appear in either small type or by a graphic at the bottom of the client website. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. Where total development costs are less than £2000, a flat fee of £200 will be applied.
But where’s all the small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree to adhere to laws and regulations in relation to our activities under this contract and not to cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. Although its language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
BY commisioning us to work on your website/application, you agree to be bound by these terms and conditions
