Terms & Conditions

Terms & Conditions2018-11-23T12:01:28+00:00

My Terms and Conditions of Service

I operate in the same way as any other freelancer but there’s a few things you should know before we work together, so go ahead and select one of the options below to view my terms and conditions.

As ever, if you have any questions or concerns please contact me:

Contact Me

How I charge and invoice for my services

  • Hourly: For hourly work, I bill in increments of 15 minutes which may be rounded up or down. The minimum invoice amount is £60.
  • First time clients: If I am working with you for the first time, please note I will require the invoice to be paid before handing over final work (such as print ready files). All subsequent invoices will be issued at the end of each month with 30 day terms.
  • Retainer: If I am working with you on a retainer basis, the full monthly amount will be invoiced up front and must be paid before work commences. Any unused hours – up to 5 hours – may be rolled over to the following month only, and hours over will be taken from the next month unless they are in excess of 5 hours, in which case they will be charged at my standard hourly rate. A 3 month minimum commitment applies; at the end of 3 months, we can re-evaluate to make sure the number of hours are fitting your business needs.  You will get a detailed invoice each month of the projects worked and hours allocated to them.
  • Project: For projects such as website design or branding, 25% of the total fee will be invoiced (and must be paid) prior to work commencing, with a 25% mid-project fee (to be agreed between us) and the remaining 50% invoiced on completion of the project with 14 day terms. Any services additional or outside of the project scope will be charged at my standard hourly rate.
  • Billable time: as well as agreed services, this also includes any meeting time (Skype, face-to-face, phone) and email correspondence.

Reimbursable Expenses

  • At the start of the project I will inform you of any likely expenses, such as printing or website hosting costs. I will seek your agreement before purchasing any expenses, and will bill for them on my usual invoices.

Late payment

  • Once an invoice becomes more than 2 weeks overdue, no further Services will be undertaken or Deliverables delivered.
  • A late payment fee of 5% of the total invoice amount will be incurred for each seven (7) calendar days that payment is not received.

Website Design Project Terms & Conditions

These are my generic website project Terms & Conditions, these may differ slightly from project to project.

1.0 Services Rendered

DESIGN

I’ll provide you with regular opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you will pay me in full for everything I’ve produced up to that that point and then cancel this contract.

TEXT CONTENT

Writing [or inputting any text copy] is not included in this contract. If you’d like me to write new content or input text for you, I am happy to provide a separate estimate for that.

PHOTOGRAPHS

You’ll need to supply graphic files in an editable, vector digital format. Photographs must be in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries and style of photography/images. If you’d like me to search for photographs for you, I can provide a separate estimate for that. Cost of buying stock photographs or a photo shoot is not included in this contract.

WORDPRESS INTEGRATION

I will setup, install and configure WordPress on your hosting server as described in the scope of work section. WordPress is a third-party tool and therefore I can’t be responsible for any bugs associated with WordPress or it’s plugins. If any bugs are found during the development phase or 30 days after launch I’ll fix it (if possible) or update WordPress or the faulty plugin if it’s available, but after the 30 days I’ll charge at my hourly rate of £35.

TECHNICAL SUPPORT

I am not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. If you need hosting or wish to move provider, I can help set up an account for you at one of my preferred hosting providers.

CHANGES AND REVISIONS

I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind or make decisions later when you might be better informed. The price at the beginning of this contract is based on the length of time I estimate we’ll need to accomplish everything you’ve told me you want to achieve, but I am happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll simply provide a separate estimate for to cover the additional work.

ERRORS

I can’t guarantee that my work will be 100% error-free (I’m only human!) so I can’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 me of them.

2.0 Mutual Cooperation

I agree to do my very best to fulfill and exceed your expectation on the deliverables listed above. You agree to aid me in doing so by making available to me any necessary information pertaining to your website and to cooperate with me in expediting the work.

3.0 Charges for Services Performed

Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Holly Lewis Design.

4.0 Terms of Payment

4.1 BILLING SCHEDULE

I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly, so you agree to stick tight to the following payment schedule.

  • 50% deposit on commencement of project (before the research stage begins)
  • 25% Mid-project fee on completion of the design stage (once mockups signed off and before development begins)
  • 25% on approval of the development website and prior to the final site going live

4.3 CLIENT AGREEMENT TO PAY

Please pay the invoices I provide within 30 days of receipt.

Once an invoice becomes more than 4 weeks overdue, a late payment fee of 5% of the total invoice amount will be incurred for each seven (7) calendar days that payment is not received

Withholding Delivery: I reserve the right to withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.

5.0 Cancellation of Plans

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse me for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimise such costs and expenses.

6.0 Responsibilities of Holly Lewis Design and [CLIENT NAME]

6.1 CLIENT RESPONSIBILITY FOR RELEASES

You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.

Then when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. You’ll own all elements of text, images and data you provided, unless someone else owns them.

I will own the unique combination of these elements that constitutes a complete design and will license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. I can provide a separate estimate for that.

6.3 CLIENT RESPONSIBILITY FOR ACCURACY

You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to me verbally or in writing in connection with the performance of this Agreement.

7.0 Confidentiality

Holly Lewis Design acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Holly Lewis Design on behalf of [CLIENT NAME] or disclosed by [CLIENTNAME].

8.0 Term and Termination

8.1 Period of Agreement and Notice of Termination

This Agreement shall become effective as of [DATE HERE] and shall continue until terminated by either party upon not less than 30 days’ notice in writing given by either party to the other.

8.2 TERMINATION FOR CAUSE

Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.

In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.

8.3 MATERIALS UNPAID FOR

If upon termination there exist any materials furnished by me or any services performed by me for which you have not paid me in full, until such time as you have paid me in full you agree not to use any such materials, in whole or in part, or the product of such services.

8.4 TRANSFER OF MATERIALS

Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to me, I shall transfer, assign and make available to you all property and materials in my possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials.

9.0 General Provisions

9.1 GOVERNING LAW

This contract is a legal document under exclusive jurisdiction of English courts.

9.2 REPRESENTATIONS AND WARRANTIES

The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.

9.3 ENTIRE AGREEMENT

Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.

9.4 SEVERABILITY

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.

Graphic Design Pre-work Agreement

By commissioning me to undertake a project on your behalf, you agree to the following terms:

Changes and revisions

The price we agree upon is based on the amount of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve in the original brief. If you want to change your mind or add anything new that won’t be a problem and I can provide a separate estimate for that depending on the level of work involved. The project cost I give you covers the initial design and two sets of revisions – additional revisions will be charged at my hourly rate listed below.

While I will do everything I can to ensure accuracy, final proofreading and checking of all services performed and deliverables delivered is the responsibility of the Client.

Cancellation

If, at any stage, you wish to cancel the project, you’ll pay me in full for all expenses and everything I’ve produced up until that point, and provide me with 10 days notice. If I need to cancel for any reason, I will also provide 10 days notice and pass on all necessary files and information relating to the work already completed, as requested.

Copyrights

You guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you’ve permission to use them. When all invoices have been paid, copyright will be automatically assigned as follows:

  • You’ll own the visual elements that I create for these projects. I will give you source files and finished files. You own all elements of text, images and data you provided, unless otherwise specified.
  • I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
  • I reserve the right, with your permission, to display and link to these projects as part of my portfolio.

Payment and Invoicing

  • My standard hourly rate is £30 per hour.
  • Invoices will be sent at the end of the month. Please pay the invoices that I send you within 14 days, unless agreed in writing otherwise.
  • Payment can be made by bank transfer (preferred) or credit card.
  • Final deliverables, such as print-ready files, will only be sent once the project has been paid for in full, unless otherwise agreed.

Legal stuff

I can’t guarantee that my work will be 100% error-free and so I can’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 me of them.