Terms & Conditions of Web Design
Web Design Agreement
Between: Coyote Holmberg – Freelance Web Designer represented by Coyote Holmberg (CH) And: You (the Client)
We will 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.
You (the Client) are hiring CH to: Design and develop a web site or web sites for you, your clients or your organization. The agreed price and details of our offering has been outlined in our previous correspondence
COMMENCEMENT OF WORK
We require a 50% initiation fee and all content upfront.
Supply of materials
We ask for all content upfront so that we can craft a website that displays your information in the best possible way. There will be no exceptions made. However, if during the design process we feel additional information is required – we will let you know.
We’re not responsible for checking grammar or spelling of content provided. All written content must be supplied fully proofed – changes to content during the design or revert stages will be billed at an hourly rate which is $50/hr billed in 30 min increments.
Graphics and photographs
You should supply graphic files (including Logos) in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you’d like us to search for photographs for you, we can provide a separate estimate for that. All images are to be supplied by you to us via Dropbox or similar. I cannot guarantee the return of flash drives, if you provide the images in that manner.
We deliver web page types developed in WordPress using either your choice of theme or our own Divi theme.
Changes and revisions
The price at the beginning of this contract is based on the number of hours that we estimate we’ll need to accomplish everything you’ve told us you want to achieve and is reflected in the agreed quote / estimate. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional hours (see scope creep below)
Each web design quote allows for 2 stages of review; the first review straight after the website is completed according to your supplied content & specifications.
In order to keep things moving we expect your first review to be returned within 7 days. The second review stage accommodates tweaking the changes made after the first review stage only. Again we expect your final review within 7 days.
If you have need for any additional changes above and beyond the second review stage – this is no problem at all; we will provide a separate estimate for these requests.
In addition to testing and checks that CH will carry out, it is the client’s responsibility to check over the finished project before going “live”
Should either party need to update the scope of a project in order to achieve the desired outcome. These requests need to be submitted in writing. If these updates to the service / require a bit more work, or the purchase of additional plugins – then both Parties will have to agree in writing to an updated cost for the project.
Delays to the project schedule
We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients.
To encourage everyone involved to do this, a delay fee of five per cent (5%) of the attached quotation amount will kick in for every seven (7) consecutive days that either you or us goes unresponsive. Unresponsive is defined in this contract as “not providing information, instructions, materials or anything else necessary for the project to proceed on schedule”
If the client does not provide the required approvals, feedback, or content for any 14 day period after a request has been initially made, the project is deemed abandoned.
All incomplete work will remain the property of CB. The design and any paid fees or deposits made are non-refundable. Client’s wishing to restart an abandoned project will be subject to a 25% restart fee based on the total project estimate and the project work will commence subject to availability of Coyote Holmberg
The maximum amount that either you or us can claim under this clause is a sum that is equal to the quotation amount.”
If you reject any of our work within the 7-day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and expect payment for the completed work.
Cancellation / Termination of a Project
Termination Fees: In the event of termination, Client shall pay be liable to pay a final 25% of the total invoice plus any Expenses, Fees, and Additional Costs that may have been incurred through to the date of termination.
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 similarly 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 should 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.
In the unlikely event that a client’s website should experience technical difﬁculty, or downtime post handover (full payment or invoice) – the designer accepts no responsibility and shall not be held liable for any ﬁnancial loss suffered by the client as a result. On handover of the site, it is the clients responsibility to regularly maintain & ensure the security of their site, unless a separate maintenance agreement is concluded between the parties.
Displaying our work / promotion
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.
Intellectual property rights
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. 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 will assign all intellectual property rights to you as follows:
- You will own the website we design for you plus the visual elements that we create for it. If requested by you, we can 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 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.
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.
For jobs under $1000
50% initiation fee (non-refundable) and 50% on completion of reverts (before we give you access to the backend of your site.)
For jobs over $1000
50% initiation fee (non-refundable)
25% on first revert stage (when we show you the site for the first time
Final 25% on completion on completion of final reverts (before we give you access to the backend of your site)
We issue invoices electronically.
Our payment terms are 7 days from the date of invoice by Electronic Funds Transfer into the specified bank account or credit card payment.
The appropriate bank account details will be printed on our electronic invoice.
Failure to pay the final amount will result in your site being removed from the internet until payment is made. Unfortunately we are only able to keep the offline files associated with your website for a limited time (30 days). Reinstating your site after this period will require a fresh design quote & possible admin fees.
Please be warned – in order to make space for other clients, we may well have to delete your files permanently after the 30 day period is up.
Final 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 will 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.
The dotted line
On Behalf of:
On Behalf of: