The following terms and conditions, together with a signed project proposal, form an agreement that is intended to protect both parties, and is no way meant to trick or deceive you. we have tried to keep the wording as plain as possible, but if anything is unclear we will be more than happy to clarify it with you.
In short, [CLIENT NAME] — referred to as “you” — is engaging Richard Barratt T/A Richer Image — referred to as “We, us, Ourselves” — to undertake the work as specified in the attached proposal, under the requirements of these terms and conditions.
We will do our best to meet all agreed deadlines. You agree to review our work and provide feedback and approval in a timely manner. You accept that delays in supplying required information or materials might result in significantly longer delays to the delivery of the finished work. You also accept that webdesign and coding can enounter the unexpeced which may have an effect on timescales.
Fees & Payment
You agree to keep to the payment schedule set out in the project proposal.
We will issue the final invoice as we near completion of our involvement of the project. This may not necessarily mean the project is finished, for example:
- We have completed the website build but you are still to supply content.
- We are working with other parties (appointed by you) and they still need to complete their involvement in the project
Fees for any incidental expenses accrued during the project will be agreed as they arise and added to the final invoice.
You agree to pay all invoices promptly by return. Work will not be scheduled, or commence, until the first invoice has been paid. Final work will not be released, nor websites put live, until payment has been received for the final invoice.
Feedback, Revisions & Alterations
You will have ample opportunities to review our work and provide feedback throughout the project. Any requests for revisions or alterations will be questioned against your business goals for the project. All decisions will be made based on evidence of what works and what doesn’t, through the testing of user journeys and prototypes.
If any person within your organisation wishes to provide feedback, request alterations and/or contribute to the project, they must be involved from the outset and included in all discussions throughout. Our quote / estimate is dependant on this and is very likely to increase if stakeholders who have not had input from the commencement of the project require changes once we have started previously agreed works.
In such event, any additional costs will be invoices with work commencing once this balance has been settled.
You should supply all text copy in an electronic file format such as email, Word document or text file. Unless stated otherwise in the project proposal, we are not responsible for writing, editing, proof-reading or inputting any text content.
Photographs and Images
You should supply graphic files in an editable, digital, vector format. You should supply photographs in a high-resolution digital format (jpg or tif, not raw). If you choose to buy stock photographs, we can suggest stock libraries. Unless stated otherwise in the project proposal, we are not responsible for providing any photography or searching for and/or purchasing stock images.
Permissions for Supplied Materials
It is assumed that you will obtain all the necessary permissions, licenses and/or usage rights for all text, images, logos, trademarks and any other materials you supply to me.
Browser & Device testing
We will test to ensure the website is accessible and works in a similar way across a variety of modern browsers and devices, but not necessarily in an identical way. Instead we focus on ensuring a person’s experience of a website is appropriate to the capabilities of a browser or device. Dedicated styling for browsers more than 2 versions old is subject to additional costs.
Support, Maintenance and Updates
We provide a one month warranty period following the delivery of the live website, during which we will provide bug-fixes, advice, guidance and support. After this warranty period we can provide support, maintenance and upgrades to the CMS software, as and when required. These will be chargeable and quoted for separately.
We do not email or domain name registration services. We can provide recommendations for a suitable provider for these services and help you set everything up.
We provide VPS hosting at a rate of £8.00 per month, per site, payable by direct debit. For details of spec and uptime please see our current provider.
If you are providing your own hosting, you agree to ensure the correct database and software versions are installed and provide us with full, unrestricted access to the server and control panel whilst we install the website. Problems arising from incorrect software versions or improper server setups may result in additional costs being incurred.
You also accept your server has adequate memory and resources for handling our base code. Our base code is regularly is use on shared servers with MediaTemple, Bluehost and Hostgator without issue.
We are not responsible for any loss of files or data from websites once installed on yours or our hosting space. We are not responsible for any backups of your website files or data.
Search Engine Optimisation (SEO)
We have good on-page SEO principles built into our websites as standard, however SEO services — including, but not limited to, keyword research, competitor analysis, content optimisation and link building — are not provided, and we make no guarantees, implied or otherwise, that your website will obtain or maintain a specific placement in the search engine rankings.
Rights of Ownership
Upon payment of the final invoice you will be automatically granted rights to use the finished work as specified in the proposal only. Ownership and Intellectual Property rights remain with ourselves unless otherwise surrendered for an agreed fee and specified as such in the proposal.
All rights to preliminary sketches, design elements, source materials and source code used to produce the finished work are reserved to ourselves and/or their respective owners. Use of these wireframes outside of the proposal is subject to a further fee of 1/3 of the proposal value unless otherwise stated.
We reserve the right to include a discreet authorship credit on all works where appropriate, and to display, and link to, your completed project as part of our portfolio. A fee of 1/3 of the total proposal cost is applicable if you wish us to waive the right to a discreet author credit (typically in the website’s footer)
We may also write about the project in articles for blogs and publications, and talk about it in presentations and workshops, to help others learn about design. We will always be sensitive and considerate to your business if we do so, and we will not publish anything until the project has gone live.
Assignment of Work
We reserve the right to assign sub-contractors to the project to ensure on-time completion. We will ensure that all sub-contracted work meets the same high standards as our own.
Cancellations & Refund Policy
If at any stage you wish to cancel, or place an indefinite hold on the project, we will invoice pro-rata for any completed work up to that point. If at any stage we feel that the completion of the project is at risk of being derailed — for reasons including, but not limited to, persistent requests for alterations and excessive delays in supplying materials and/or feedback — we reserve the right to cancel this project and invoice pro-rata for any completed work up to that point.
Fees for third party products and services — including, but not limited to, stock images, fonts and specialist software products, purchased for use on your project — are payable in advance and as such cannot be refunded.
Our social media quote cards come with a 48hr money-back, no-quibble guarantee provided your quote cards do not get published to the web beforehand. In the event of quote cards being published after a refund, you will be liable for the original cost + a £25 surcharge + legal fees (if required)
We aim to provide a solution that is user-focused and designed to achieve your business goals, however, once the work is put live, there are many factors outside of our control that can greatly affect its performance — including, but not limited to, your brand reputation, marketing efforts and website traffic — as such, we cannot be held responsible for a project not achieving its goals.
Also, due to the constant evolution of devices, browsers and Internet technologies, we cannot guarantee that our work will remain error-free over time, and therefore, we cannot be liable to you or any third-party for damages, losses or causes of action.￼￼￼￼￼￼￼￼￼￼￼ In any event, the limit of our liability extends to the value of the project.
Although we have aimed to keep the language plain and simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of England and Wales.
By signing this, you are confirming that you have the authority to enter into this agreement on behalf of your company or organisation.
The undersigned confirm they have read, understood and agreed to the requirements of this agreement and the attached proposal.
Name: Richard Barratt
On behalf of: Richard Barratt t/a Richer Image
Name: [CLIENT NAME]
On behalf of: [CLIENT’S COMPANY NAME]
PLEASE NOTE: These terms will be deemed as acceptable by you (regardless of whether they have been signed or not by any party) by your continued involvement with ourselves on a project after these terms and conditions have been sent to you.
When these terms are attached in any correspondence/email to you we will make it clear that they have been done so in the main body copy of the document. These terms will also be deemed as dated from the same date as our initial proposal.