Website Design Agreememt
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.
So, in short;
(“You”) are hiring Choose Purple Ltd (“We or Us”) to:
Design and develop a new website
For the total price as per your proposal.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. 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 us.
GETTING DOWN TO THE NITTY GRITTY
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.).’
You’ll have plenty of opportunities to review our work and provide feedback. If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Unless agreed separately, we’re not responsible for creating your content.
Graphics and 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, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate quote for that.
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 major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in 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 9+: Safari, Google Chrome Android: Google Chrome on Android Emulator
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 quote for that.
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 and the website will be optimised based on agreed keywords.
Changes and 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 weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate quote for those additional weeks.
We will provide clear deadlines for when we require your feedback for, and any amends or changes will be scheduled in our studio diary. If we do not receive feedback by this time, then we cannot guarantee when the work will be done.
From the date of your website going live you will have a 14 day period where amendments that were within the original scope of the project can be made, after this 14 day period any amendments or changes to the website will be chargeable at our usual rate.
Domains & Hosting
Domains for this website will be allocated to the clients account so control can be kept. These will therefore be owned by the client. Hosting will be provided by Choose Purple Ltd at an additional cost.
The Supplier is responsible for providing the Customer with the following:
- Technical support to registered users
The service charge for hosting shall be those published on the Choose Purple website at the address: choosepurple.co.uk/services/website-design/ Any changes to the value of the service charge shall be notified by e-mail to you and shall take effect from 30 days of this notification.
The monthly fee for the service shall be paid by you using the Choose Purple payment gateway in advance of the applicable service month. Choose Purple reserves the right to refuse service to you should the monthly fee not be paid in advance of the service month. In such instances, if your account is suspended there shall be a £50 reactivation charge.
The annual fee for the service shall be paid by you using the Choose Purple payment gateway in advance of the applicable service year. Choose Purple reserves the right to refuse service to you should the annual fee not be paid in advance of the service year. In such instances, if your account is suspended there shall be a £50 reactivation charge.
If you wish to cancel hosting for the next service year you need to do so via email to email@example.com at least 30 days before the next service year begins. If Choose Purple does not receive a cancellation order, the annual invoice will be issued, and the necessary steps will be taken to reclaim funds for the next service year. If when canceling your hosting, you wish to receive a backup of your website, a charge of £45 + VAT will be made. Cleared funds will need to in place before the backup is supplied.
You acknowledge and recognise that all contact with Choose Purple for support for hosting in the first instance should be made via e-mail to firstname.lastname@example.org or by telephone to our support team.
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.
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. 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 issue invoices electronically. All payments are due upon receipt of the invoice by BACS or the SWIFT international payments system. All proposals are quoted in 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.
The schedule is:
£50% plus VAT non-refundable deposit prior to work beginning.
50% plus VAT payable prior to launch. This invoice will be issued at the latest 14 days after sending you your website for your feedback. Cleared funds need to be in place ready for the website to go live.
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 and 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 English and Welsh court’s jurisdiction of English and Welsh courts.