Website Design & Development Contract Terms
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In these terms, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We want what’s best for the safety of both parties, so let’s keep it simple (and sensible).
In short, you (the client), are hiring Sensible Websites Limited to design and develop a website, the details of which have been discussed in our correspondence and outlined in the quotation provided.
As our client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including, text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. You also agree to stick to the payment terms set out later in this contract, and\or payment schedule if applicable.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we 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 our work on time at any stage.
The agreed term of a contract is for a minimum of 12 months. This is assuming that your website goes live within the first month. In the event that the website launch takes longer than one month, then the agreed term will be extended to account for this period.
We will create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at an additional cost.
We know from plenty of experience that fixed-price contracts aren’t always beneficial to you, as they can limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices we have sent separately regarding this project are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra content, or even add new functionality, that won’t be a problem. You will be charged in addition to the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
We will test the site in current versions of all major browsers, across multiple devices, to ensure that pages will display visually in a ‘similar’, albeit not necessarily identical. We will not test these templates in old or abandoned browsers.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, or that you have permission to use them.
When we receive final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. If requested, we will give you a copy of these files. You should store them really safely as we are not required to keep them or provide any native source files that we used in making them. You also own the text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use only on this project.
We are 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 due dates on our invoices. As standard, most invoices will be payable within 14 days of the invoice date, this will be stated on the invoice so please check and make a note of the due date. We reserve the right to add a non-compounding late fee of 5% that accrues monthly to invoices not paid by the due date.
As standard, we require a 50% deposit (or advance payment) before commencing work on a project. Deposits are non-refundable.
Where possible we will include all expenses within the initial quote for the design and development of your new website. However, should you require any additional fonts, stock photography, plugins, proofs, research, content writing or consultations to complete the work, you agree to reimburse us for these.
Ongoing Monthly Maintenance
We will maintain your site by ensuring the most up to date versions of WordPress, themes and plugins are installed. A daily backup will also be performed. As standard this monthly amount does not include renewing paid plugins or themes, unless otherwise agreed.
The monthly maintenance fee includes amendments to your website up to a maximum of 30 minutes each month, which cannot be carried over or accumulated. Any additional work will be agreed upon and billed for separately.
After the initial agreed term, either party may terminate this Agreement by giving 30 days written notice. You should send such notice to email@example.com. In the event that work is postponed or terminated at the request of the Client, Sensible Websites shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
Monthly maintenance will be billed for on a monthly basis. Should you wish to renew the monthly maintenance after previously cancelling, a new quote will be issued and please note that this may not cover the same elements that the prior agreement did.
Where domains are not hosted by Sensible Websites Limited, we will require full access to the client’s hosting account. If we don’t have access, we cannot keep the records up to date and therefore cannot guarantee the website will continue to function correctly or that it will remain live. If your domain is not hosted with Sensible Websites Limited, then it is ultimately the client’s responsibility to maintain the hosting account accordingly.
We appreciate that you may be entrusting us with your company data during this process and we will of course respect that. We will not disclose any of your confidential information to third parties. That said, if there is any confidential or sensitive data being sent to us it needs to be identified as so in order for us to ensure its safeguarding to the best of our ability.
We love sharing our work online, on Social Media and as part of our portfolio. This said, we understand that you may not want us to share certain information, or you may not want certain information to be shared prior to completion. Please let us know if this is the case and the criteria you require us to follow when sharing our work.
We can’t guarantee that the functions contained in any web page templates or in a completed website will always 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 arising out of the operation or inability to operate this web site and any other web pages, even if you have advised us of the possibility of such damages.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Phew! Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts and law.
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Sensible Websites Limited as sender, and the client as recipient, will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall also be considered legal and binding. A link to these terms is included as part of our quotes, and by accepting a quote you also agree to read and accept these terms.