Terms of Service

Summary:

I’ll always do our best to fulfill 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. I’ve no desire to trick you into something that you might later regret. What I 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 organization. You’ll give us everything I need to complete the project and in the format I need it. 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, if purchasing from me and not my Etsy store.

*Me:* I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that, I’ll maintain the confidentiality of everything you give me.

Getting down to the nitty gritty

Design

I create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I won’t waste time mocking up every template as a static visual.

I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that design atmosphere.’

You’ll have plenty of opportunities to review my work and provide feedback. I’ll share my working view link and have regular contact.

Text content

I’m not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, I can provide a separate estimate for that.

Photographs

You should supply graphic files in their original digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.

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. I test my work in current versions of major desktop/mobile browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera.

Technical support

I’m not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you at one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

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. The price at the beginning quoted is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I’m happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that.

Legal stuff

I can’t guarantee that my work will be 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 us 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.

Copyrights

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.

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 own all elements of text, images, and data you provided unless someone else owns them.

I’ll own the unique combination of these elements that constitute a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

I love to show off my work and share what I’ve learned with other people, so I reserve the right, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books unless requested otherwise.

Payments

I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to our payment schedule. 

Refunds

Since any website takes a lot of time and work, I do not accept refunds once a website project has started. If you have already submitted payment and are in my queue of projects let me know as soon as possible if you’d like to cancel and request a refund. All custom design projects (not related to websites) are non-refundable. By purchasing a custom design you agree to these terms.

End of Design

Once complete, you are responsible for all updates to plugins/themes and back-ups. If you need help with monthly maintenance, I can provide a separate estimate for that.