Overview

We’re pretty easy going. We love nothing more than sitting and building great websites with a coffee and a cookie in hand, so we don’t want to bombard you with ‘legalese’. That means we keep our Terms of Business simple, no nonsense and to the point. At the end of the day, we aim to do our best for you, but in case anything goes wrong, we’ve both got these terms to fall back on.

What both parties agree to

You : You have the authority to enter into a contract on behalf of yourself, your company or your organisation. You’ll provide us with the assets and information we need to complete the project. You’ll do this promptly 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 agreed to in the design proposal or quotation.

Us : We have the experience and ability to deliver everything we’ve agreed with you in our design proposal or quotation, 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 provide us with.

By accepting our quotation, paying your deposit, and giving us authorisation to proceed, you are bound by our contract and you agree to the following Business Terms:

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.). We call that ‘flavour’.

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share either a Dropbox, Google Drive folder or a development site with you. We’ll have regular, possibly daily, contact by phone, e-mail, WhatsApp, or Zoom. If, at any stage, you change your mind about what you want to be delivered or you aren’t happy with our work, you’ll pay us in full for the time we’ve spent working with you, at a rate of £30 per billable hour (less your deposit). Then, we agree to terminate our contract.

Hosting services

Unless you specifically take a hosting package with us, we don’t offer support for website hosting, email, or other technical services. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t already have hosting, and you don’t wish to use one of our packages we’ll recommend a provider and ask you to set up an account.

Setting up your website on a server and adding analytics software is included in our price. After that, updates to your website and management of your hosting will be up to you or will be chargeable at a rate of £30 per billable hour.

If you are using one of our hosting packages which includes a support premium there will be no extra charge for website hosting, email, or other technical support.

Written content

Unless agreed specifically, we’re not responsible for uploading text or images to your website or creating every page or product. We can provide professional copywriting and editing services, so if you’d like us to create, edit, or input content for you, we can provide you with a separate estimate.

Search engine optimisation (SEO)

You understand that we don’t guarantee improvements to your search engine ranking, but that the websites we develop are accessible to search engines, and we will provide you with the tools you need to create optimized SEO content.

Graphics, images and photos

You will supply graphic files in an editable, vector digital format including Adobe Illustrator (Ai), SVG or EPS. You will provide high resolution digital photographs and images. If you choose to use stock images, we can direct you to a reputable stock library. If you require us to source stock images, the cost of these assets and the time we spend selecting them aren’t included in our price. We can provide a separate estimate for researching and sourcing stock images.

Delivery and backup

At the start of the project, we’ll set up a free Dropbox, Google Drive folder or a development site account. We’ll use this account to deliver any media and files during the project. We will leave this repository live for at least 90 days after completion of the project. You should download and retain these files as we are not required to keep copies.

Desktop browser 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 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.

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 Android (Google Chrome), or iOS (Safari) by request.

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.

Changes and revisions

We won’t limit your ability to change your mind. Our price is based on the time we estimate is needed to deliver everything we’ve agreed to achieve in the Design Proposal. We offer two opportunities to request minor revisions (colours / typography / page layout) to your project. The first is after providing our first draft, and the second is prior to making the site live.

‘Out-of-Scope’ work

If you change your mind about the direction of the project, want major revisions, additions, or new integrations that are not specified in the initial design proposal or quotation, these are considered ‘Out-of-Scope’ and are not included as part of the project quotation. Adding extra work won’t be a problem though, and we’re happy to be flexible. We’ll provide a separate estimate for any ‘Out-of-Scope’ work requested at a rate of £30 per billable hour.

Legal stuff

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 your invoice(s). 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 Business Terms are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our 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 our contract hasn’t been terminated, we’ll assign intellectual property rights to you as follows:

You’ll own the final agreed graphic files we produce during your project and we’ll give you permission to use these files for any purpose. All preparation materials, visuals and sketches, including the electronic files used to create the project remain our property, which we may use again on other projects.

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 love to show off our work, so we reserve the right to display any aspect of it if 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 unless we agree otherwise at the start of the project, you agree to stick tightly to the following payment schedule.

Deposit (before work commences): 50% of Project Total  – This is non-refundable
Balance (on completion of work): 50% of Project Total
‘Out-of-Scope’ Work (any extras): 100% on receipt of invoice
Hosting Payments (if applicable): 100% on receipt of invoice

Our payment terms are on receipt unless otherwise stated on the invoice. We issue invoices electronically and our bank account details will be included. Our invoices will be in Pounds Sterling (£GBP). If your currency is different, you agree your payments will be the equivalent value of our invoice. 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 10% per month or part of a month.

But what about the small print?

Just like a parking ticket, neither of us can transfer our contract to anyone else without the other’s permission.

We both agree to adhere to laws and regulations in relation to our activities under our contract and not to cause the other to breach any relevant laws or regulations.

These terms of business stay in place and need not be renewed. Although the language is simple, the intentions are serious, and these terms of business are legally binding under exclusive jurisdiction of English and Welsh courts.

…And relax!