Website Design & Development
Terms & Conditions
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll appoint ONE member of staff for us to liaise with during the course of the project for all communication and decision making. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give to us.
Copy or text content will be provided by you for use on the website. All copy should be created based on the design work supplied. We will provide recommendations to the number of words required per page section.
Website copy will be entered collaboratively once the website is fully developed using the WordPress content management system (CMS) and once full staff training has been provided.
You will where required supply graphic files in an editable, vector digital format. This includes but is not limited to brand assets.
You should supply photographs in a high resolution digital format (ideally at least 1920px in width).
All stock imagery purchased should be provided to us by you in high-res formats with proof of usage licenses.
All photography to be used will be finalised and added to the website collaboratively once the website is fully developed using the WordPress content management system (CMS) and once full staff training has been provided.
We will provide you with website design work at the screen resolution of 1440x900px (laptop) using the 12 column Tailwind grid system as standard. Additional device/screen sizes required should be agreed upon before the commencement of any design work.
We use Figma as our web based design tool and can provide design files/assets both in the form of a ‘live link’ or in .JPG/.PNG/.PDF format.
Where appropriate we will save time by noting similar pages that can be replicated later at the development stage. Basically, if there are a number of pages using shared elements and templates, these can be built rather than designed.
From time to time a client will need to see every page mocked up, we can discuss if this is necessary prior to project commencement.
You and us will welcome constructive two-way review of designs throughout to enable the best outcome. We will share designs and collaborate using Figma and keep you updated with progress throughout the design stage.
Throughout the development process we can have continual two-way review of project progress and release versions of the code for testing and client approval at agreed milestones during the project.
If, at any stage, you’re not happy with the direction our work is taking, we’ll discuss a fair payment for the work produced until that point and cancel this contract.
CMS, plugins, programming languages & frameworks
Unless otherwise mutually agreed upon in prior correspondence, the website will be developed using the latest versions of the following CMS, programming languages, frameworks and plugins:
- WordPress CMS (https://wordpress.org/)
- Tailwind CSS
- Advanced Custom Fields Pro
The most modern versions of everything should be considered for us to enable an up-to-date (technically), secure and high-quality end product.
Desktop browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of all browsers over 2% market share, including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera.
We won’t test in Internet Explorer 11 or other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
- iOS: Safari, Google Chrome
- Android 4.x: Google Chrome and Firefox
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
An additional appropriate estimate should be discussed before the start of development should the project require testing on Blackberry, Opera Mini/Mobile or another non-standard mobile browsers.
We’ll use accessibility best practices wherever possible but do not strictly adhere to any level of Web Content Accessibility Guideline (WCAG) or similar guidelines. If a certain level of accessibility compliance is required, this must be communicated by you prior to commencement of the project. A separate estimate will be provided.
We use page speed best practices (such as image compression) but do not guarantee any level of speed optimisation or performance. If there are certain requirements in terms of page speed/load time, this must be communicated by you prior to commencement of the project.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines. We submit website sitemaps to Google Search Console to help with page indexing.
We will install the Yoast SEO plugin to allow meta title/description tags to be edited. Neither ‘Alt’ nor ‘Title’ tags will be optimised as standard. We offer Search Engine Optimisation (SEO) as a stand alone service.
Deployment & aftercare
If you opt for one of our website management plans, we will host the website of your behalf via Digital Ocean.
If you decide not to opt for one of our website management plans, you will be responsible for sourcing a suitable web hosting company/server capable of hosting a WordPress website.
We recommend Kinsta for high-performance WordPress hosting.
To be able to run WordPress, the server requirements are as follows:
- PHP version 7.4 or greater.
- MySQL version 5.7 or greater OR MariaDB version 10.3 or greater.
- HTTPS support
We will setup a staging environment on our own servers which you will have access to during the duration of the development of the website.
If you do not opt for one of our website management plans, you will be responsible for creating a live environment via your chosen web hosting company. We will deploy the website on this server in accordance with the project schedule detailed in the specification document. You will be responsible for the management of your web hosting account and server.
Depending on the website management plan you opt for, we will provide a certain degree of website support. We are not an IT company and do not provide any IT management services.
If you choose not to opt for a website management plans and require support, we will invoice for any time spent. Our minimum charge is £30+vat (30 minutes).
We will provide training free of charge to one member of staff via video meeting (we use Google Meet but we are happy to use your preferred video meeting software).
Training of additional members of staff or a change to the location of the training session is subject to an additional charge detailed in the ‘Investment’ section of the proposal.
Maintenance & security
We do not automatically include support for any type of maintenance, backups or security configurations/updates after the website deployment is complete. We are not liable for any hacking or intrusion to the site or WordPress CMS. If you need maintenance, security or support, we offer different website management plans detailed in the proposal document.
We have meticulous testing and quality control processes to ensure that there are no bugs or incompatibilities with your website. However, if you do notice anything that we have missed – you have a 30-day cooling-off period from the date the website was deployed to alert us. During that period; any bugs, incompatibilities or functionality detailed in the scope of work that has been overlooked will be fixed free of charge. Thereafter, all additional amendments will be chargeable at our standard rate.
Changes & revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of days that we estimate we’ll need to accomplish everything you’ve told us you want to achieve.
When the ‘discovery’ workshop has been completed and a full project specification has been prepared and mutually agreed upon, a revised, fixed price quote will be supplied.
We’re happy to be flexible. If you want to change your mind or add anything new once the project specification has been agreed, that won’t be a problem. We’ll provide a separate estimate for any additions or amendments.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we 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 us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule:
- Pre-discovery: 10% of estimate due before discovery workshop.
- Pre-design: 30% due before any design work begins.
- Pre-development: 50% due once design work has been signed-off.
- Post-deployment: 10% once website has been developed and signed-off.
Note: If you are unable to supply all of the right content in the post-development/pre-deployment stage, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in any way.
We issue invoices electronically. Our payment terms are 10 days from the date of invoice. All proposals are quoted in Pound Sterling (GBP) and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the annual rate of 8% + Bank of England base rate per month or part of a month.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the local courts.