Website design and development Terms and conditions
The following terms and conditions apply to all website development / design services provided by SOLO Creative to the Client.
Last updated: 2nd August 2022
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by SOLO Creative are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. SOLO Creative reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 30% of the project quotation total before the work is supplied to the Client for review. A second payment of 50% of the remaing balance to be paid on completion of the website live visual and the remaining payment on completion of the website.
Payment for services is due by bank transfer.
3. Client Review
SOLO Creative will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies SOLO Creative otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
SOLO Creative will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon SOLO Creative receiving initial payment, unless a delay is specifically requested by the Client and agreed by SOLO Creative .
In return, the Client agrees to delegate a single individual as a primary contact to aid SOLO Creative with progressing the commission in a satisfactory and expedient manner.
During the project, SOLO Creative will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
5. Failure to provide required website content:
SOLO Creative is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
SOLO Creative agree to make periodical updates to any sites commissioned and hosted by SOLO Creative . This is subject to a fair usage clause. SOLO Creative reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.
NOTE: Text content should be delivered as a Apple Pages, Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
6. Payment
Invoices will be provided by SOLO Creative upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
7. Additional Expenses
Client agrees to reimburse SOLO Creative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
8. Web Browsers
SOLO Creative makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that SOLO Creative cannot guarantee correct functionality with all browser software across different operating systems.
SOLO Creative cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, SOLO Creative reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on SOLO Creative ’s Web space, SOLO Creative will, at its discretion, remove all such material from its web space. SOLO Creative is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay SOLO Creative reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by SOLO Creative in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All SOLO Creative services may be used for lawful purposes only. You agree to indemnify and hold SOLO Creative harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants SOLO Creative the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting SOLO Creative permission and rights for use of the same and agrees to indemnify and hold harmless SOLO Creative from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to SOLO Creative that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by SOLO Creative to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to SOLO Creative will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in SOLO Creative ’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, SOLO Creative must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
SOLO Creative cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
SOLO Creative can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the SOLO Creative . The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of SOLO Creative . The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
20. Liability
SOLO Creative hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of SOLO Creative to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
21. Client’s Responsibility for Website Content and Images
- The Client acknowledges that they are solely responsible for the content, media, and images used on their website created by SOLO Creative .
- In cases where SOLO Creative supplies stock images for the website design, reasonable efforts will be made to obtain images from reputable free-to-use image repositories to ensure copyright compliance.
- However, SOLO Creative disclaims any legal responsibility or liability for the copyright status of such stock images. The Client understands that any legal obligations or liabilities related to the usage of these images remain the sole responsibility of the Client.
- The Client agrees to provide alternative images or media in place of the stock images provided by SOLO Creative , if necessary, to ensure compliance with copyright laws, prior to the official launch of the website.
- By engaging with SOLO Creative ’s services, the Client agrees to indemnify and hold SOLO Creative harmless from any claims, demands, losses, liabilities, or expenses (including legal fees) arising out of or in connection with the content, media, or images used on the website.
- The Client represents and warrants that they have obtained all necessary permissions, licenses, and rights for the use of any content or media provided to SOLO Creative for inclusion on the website.
- SOLO Creative retains the right to suspend or refuse to launch the website if it becomes aware of any copyright infringement or potential legal issues related to the content or images provided by the Client.
- By proceeding with the services provided by SOLO Creative , the Client acknowledges their understanding and agreement to the terms outlined above.
22. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
Graphic Design Terms & Conditions
Summary
The vast majority of design projects run smoothly, without any problems. However, from time to time, something does come up, and it’s important that we both have an understanding of how best to deal with it. These terms and conditions are designed to ensure that we’re both protected from any unexpected circumstances. It also lays out the basic groundwork for how the project will progress, and what’s expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.
By accepting a quote, you are considered to have accepted these terms and conditions in full.
What do both parties agree to do?
You agree that:
You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
I agree that:
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way, I will endeavour to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this, I will also maintain the confidentiality of any information that you give me and am happy to sign an NDA if needed.
Project delivery dates
If there is a hard deadline for your project, you must communicate it clearly upfront before payment is made. It is always my intention to complete your project on time. Revisions and your response times play a major role in the amount of time it takes to complete your project. Therefore, the project completion date I give you is not a guarantee.
Design
This contract allows for a set number of revisions as stated in the estimate. If, at any stage, you’re not happy with the direction the work is taking, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
Text content
I’m not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.
Photographs
You should supply graphic files in an editable, vector 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. If you need any advice on these formats I’m always happy to help.
Changes and revisions
All changes and revisions will need written approval in some form. If changes are given via a phone call, they will need to be confirmed in writing in an email and given the ok.
Experience shows that fixed-price contracts aren’t always beneficial to you, as they can limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve plus a few revisions. 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.
Making the most of changes and revisions
You must be specific with your feedback. If you are requesting revisions, it is most effective to offer examples of colours, fonts, images and sites you like. Excessive revisions, tweaks and miscellaneous changes are subject to additional charges at my discretion.
Errors in text or formatting that I have introduced into your content will be fixed for free. However, any other edits such as typo/grammatical errors/wording changes carried over from the original copy may be subject to additional charges.
I am not responsible for revisions or updates to a project once the final agreed upon deliverable has been sent. If additional design, coding, or edits associated with this project are needed, a new project agreement will be created.
NOTE: Once you approve a design, it’s considered final.
Final means I’m happy to make changes should you request them, but all changes will be quoted and billed separately.
Be sure to proof read carefully before approving the final design.
Project cancellations
Should something happen for any reason whatsoever that causes you to cancel this project once it has begun, you are completely free to do so. You will simply be billed for any work completed up to the point of cancellation, and I will send you any work completed up to that point.
Should some life-altering event happen to cause me to cancel this project, I will hand over any work completed up to the point of cancellation and refund you for any payments made on incomplete work.
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 me 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, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you’ve 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 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 constitutes a complete design and I’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. This basically just means that you can’t take the design I made for you and sell it to Nike, but otherwise won’t impact you.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, unless you specifically ask me not to, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, books or anywhere I deem appropriate.
Rights of refusal
I will not include in designs, text, images or other data anything which I deem to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. I also reserve the right to refuse to include submitted material without giving a reason.
Payments
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly. Therefore, you agree to stick to the following payment schedule:
50% deposit paid up front. Work will only commence once this is received in full.
50% remainder is payable on completion.
The small print
You can’t transfer this contract to anyone else without my permission. 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.
