These are my generic website project Terms & Conditions, which may differ slightly from project to project.
1.0 Services Rendered
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.
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.
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.
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 £40.
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.
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 fulfil 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.
- 25% 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)
- 50% 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 You, The Client
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.
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] 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.
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.