It is not necessary for the Client to have signed an acceptance of these terms for them to apply. If the Client accepts/approves an invoice/quotation through a deposit payment or an acknowledgement through email/text message then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
The Client hereby engages the Designer, and the Designer accepts such engagement to provide the
following Website services for the Client : The Design of a multipage website and provide other services as detailed in the ‘Scope of Work’. The Designer represents and warrants that Designer has the knowledge, skills, and experience necessary to produce the Website. Designer agrees that the Website will be original. Designer also guarantees that the final Website will be free from any plagiarism or likeness to a Website not belonging to or created by Designer.
The Designer will retain intellectual copyright of any material, including any source code and original images created for the client until the project is handed over and the invoice is paid in full after which the Website will become the intellectual property of the Client, free and clear, as a work made-for-hire.
The Designer is hereby EXCLUDED FROM ALL AND ANY LIABILITY ARISING FROM:
- Loss or damage caused by any inaccuracy, omission, delay or error in the production of the Website.
- Unforeseen interruptions to, or down-time of the services provided.
- Loss or damage of hosted data including (but not limited to) Website content & emails.
- Data breach caused by a third party.
- Improperly provided content as per section 8
- Improper hosting (if provided by the client) as per section 7
- Breach of any laws arising from work on this project.
- Force Majeure; causes beyond reasonable control including, but not limited to, acts of God, and other
acts which may be due to unforeseen circumstances
The Designer shall create a Website for Client’s purposes and to Client’s specifications. The DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S).
Fees & Payments
Unless otherwise agreed, payment for Website design & development services is due in two parts. 50% before project start and 50% on project completion or 30 days, whichever is earlier.
The Client agrees to reimburse the Designer for any additional expenses necessary for the completion of the work. Expenses may include, but are not limited to; purchase of domain names, special fonts, stock images, analytics, map display APIs.
No refunds can be provided for any services terminated by the Client unless otherwise agreed.
All content to be included in the Website, text and images must be provided by the Client. All text content must be provided in an organized manner, in a Word file, text selectable PDF or Email. Images must be provided as high resolution electronic files (JPEG, GIF, TIFF, PNG, PSD).
Logos must be made available in a usable vector format (PDF, EPS, AI). Any fonts relating to corporate branding must also be provided in normal and web formats (TTF, OTF, WOFF, WOFF2).
Any updates if and when required must be provided with the aforementioned specifications and clear update instructions.
The Client is responsible for the accuracy of content provided and ensuring that this material does not infringe any copyright laws.
Any delays caused by the inability to provide all requested content in a timely manner or suitable format will affect the delivery time and the Designer cannot be held liable for any such delays.
A link to the Designer’s website will appear in small type at the bottom of the Client’s website. For removal of this design credit, a nominal fee of 10% of the design cost will apply.
The Client also agrees that the website developed for the Client may be presented in the Designer’s portfolio and at web design/design related awards/competitions/showcases.