Terms & Conditions
I will always do my best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract, you won’t find complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.
The Client, are hiring Simply The Web to implement and fully complete a website for the agreed price.
What do both parties agree to do?
The client agrees:
• That has the power to enter into this contract on behalf of your company or organization.
• Coordination of any decision-making with parties other than me
• To provide me with everything I need to complete the project. Including text, account credentials, images and other information as and when I need it, and in the format, that I ask for.
• To review my work, provide feedback and sign-off within agreed timescales.
• To be bound by any dates that we set together for deadlines.
• To stick to the payment schedule described at the end of the contract.
The developer, agree:
• that have the experience and ability to perform the services you need from me.
• that will carry this service out in a professional and timely manner.
• to respect the confidentiality of any information you give me.
• will endeavor to meet all the deadlines set but can’t be responsible for a missed launch date or a deadline if the client have been late in supplying materials or have not approved or signed off work on-time at any stage.
Details of the works
Simply The Web will provide suggestions for designs or templates for the look-and-feel, layout and functionality of your website. Designer will provide any design support necessary to complete the design of the site. Fully develop the site, and implement a custom back end so that a client can continue to maintain the site on his own in the future.
HTML/CSS layout templates
Simply The Web will not test these templates in old or abandoned browsers, for example, Microsoft Internet Explorer 5, 5.5, 6, or 7 for Windows or Mac. Previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will have to re-negotiate an increased rate, as developing for these older browsers in costly and time-consuming.
The Designer is not responsible for writing or inputting any content. That includes but is not limited to: products, page content, categories, attributes, and product tags. Simply The Web will be happy to help, though, and in addition to the estimate Simply The Web will charge a fee, including a free initial consultation, for content input. This particular contract comes with a decent amount of free content input, but Designer expects most of the copy to be provided by the Client, as he knows the nature of your business and message better than the web designer.
If needed, the Client will supply photographs in digital format. If the client chooses to buy stock photographs Simply The Web can suggest vendors of stock photography. Any time Simply The Web spend searching for or acquiring appropriate photographs the Client will be charged a fee. After a free initial consultation to determine if this is the best route to take.
Workflow and design
If the Client wishes to engage the services of a graphic designer who produce mock-ups of the design of the Client website, Designer will work from these and endeavor to produce a website resembling them as closely as possible. Note that it might not be possible to produce pixel-perfect interpretations of them across all browsers and under all circumstances due to technical limitations beyond my control. Simply The Web will need your mockups in PSD format with their original layers intact so that Simply The Web can take whatever assets are needed from them directly.
Simply The Web can be flexible in design, but revisions made after development work has begun on the site can be time-consuming. Depending on the nature and scale of the changes Designer is happy to revise or refine the design contained in your mock-ups at your direction to build your site, but design changes made after work has begun will be subject of additional charges.
If the Client does not already have a design mockup, Simply The Web can engage the services of a graphic designer on your behalf and bill the Client for their work accordingly.
Changes and revisions
Simply The Web knows from plenty of experience that fixed-price contracts are rarely beneficial to a clienlient, as they often limit the client to his first idea about how something should look, or how it might work. Designer doesn’t want to limit either client options or opportunities to change client mind.
The estimate/quotation prices are based on the number of days that Simply The Web estimates will need to accomplish everything that client has told he wants to achieve. If a client doesn’t want to change his mind, add extra pages or templates or even add new functionality, that won’t be a problem. We will just have to adjust the price of the contract and have it re-signed, or Simply The Web can work at an agreed rate. Along the way Simply The Web might ask you to put requests in writing so can keep track of changes.
Simply The Web does provide web hosting and can secure a domain name if client does not already have one. Although Simply The Web is perfectly happy to use other web hosting plans if they can work for the type of site Simply The Web is building.
Cancelling the contract
If client wishes to cancel this agreement, Simply The Web will retain client’s down payment and the client may be required to make an additional payment to cover the work have been done. This ‘kill fee’ (not as dangerous as it sounds) will be based on the percentage of the project completed.
Simply The Web will take the utmost care and attention to ensure that the code is error-free and adequately future-proofed. However due to the rapidly-evolving nature of web standards, browsers and programming languages it is not possible to guarantee that code will function as intended indefinitely and so Simply The Web can’t be liable to a client or any third party for damages. This including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages. Even if a client has advised Simply The Web of the possibilities of such damages.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Third party materials.
All third party materials are the exclusive property of their respective owners. Simply The Web shall inform a client of all third party materials that may be required to perform the services or otherwise integrated into the final project. Under such circumstances, Simply The Web shall inform a client of any need to license.
The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. The client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
Simply The Web guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that Client provide for inclusion in the website are either owned by Client or that he has permission to use them.
When Simply The Web receive final payment, copyright is automatically assigned as follows:
1. Client owns the graphics and other visual elements that Simply The Web create for the project. Simply The Web will give Client a copy of all files and Client should store them really safely as Designer is not required to keep them or provide any native source files that were used in making them.
2. A client also owns text content, photographs and other data provided, unless someone else owns them.
Simply The Web love to show off the work and share what have learned with other people, so Designer also reserves the right to display and link to a completed project as part of a portfolio and to write about the project on websites, in magazine articles or in books about web design. Of course, Simply The Web will notify you if do any of these things, and any additional publicity Client’s site gains, as a result, is, of course, free of charge.
Simply The Web reserve the right to include a creditation (i.e Website by Simply The Web) with a link back to Designer site https://simplytheweb.co.uk