Website Design Terms & Conditions

Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our Website Agreement. We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions, however, please do not hesitate to contact us.

Last updated 10th September 2019.

What do both parties agree to do?

Us: We will use our experience to complete your project in a professional and timely manner. Along the way, we will endeavour to meet all deadlines set, but we cannot be responsible for any missed launch dates or deadline if you or a third-party supplier has been late in supplying materials or have not approved or signed off work on-time at any stage.

Once the project has begun, we will work within the agreed scope of the project. We are more than happy to assist with new ideas or changes to content, but we reserve the right to charge you for any further changes or work outside of the original scope at an hourly rate of £45 + VAT.

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. To complete the project promptly, we will ask for assets and information to be provided in specific formats. If there is a delay in us receiving this information, this will affect the overall deadline of the project. We will also ask you to review our work, provide feedback and any requested approvals on time. You also agree to stick to the payment schedule set out at the end of your agreement.

By choosing us to work on your project, you agree that you indemnify us, and our employees from any damages, loss of earnings or loss of significant business that might be claimed as a result of any services offered by Webforward.


Design

Our designs are built with all types of screen sizes and browsers taken into consideration. During the prototyping phase, we will create a pre-agreed number of pages for your website. Any pages created outside of these pages will use a pre-designed template based on one of the pages we have designed. We will offer you the opportunity to make revisions during the design phase until you are happy with the final product. Once they have been signed off, corrections cannot be made. Any changes beyond this point are subject to additional charges and will be quoted on accordingly.

You will be offered opportunities to review our work and provide feedback. We will either share an online slider, a link to the development site or a Dropbox folder.

If - at any stage - you change your mind about working with us or the project in hand, we ask that you pay us as per the Termination clause, and then you may terminate this contract.


Text Content

You will be asked before the start of the project to provide us with the text content for each page that we have agreed to design at the beginning of the project. These can be provided as a Google Document, Word Document, Email or other text formats. This text, along with any other provided content will be uploaded into the final website. Any material that is provided after the end of the project can be uploaded to the website but will be charged for at an hourly rate of £45 + VAT. We can also offer professional copywriting that can be quoted for separately.

By providing us with text content for your website, you are guaranteeing that you have sole and legal rights to the content. We cannot be held responsible for any illegal use of the material. We reserve the rights to remove any website content, or the website itself from our servers if we have reason to believe that it is operating illegally or contains illegally gained material(s).

You are responsible for providing terms and conditions, privacy policy (including any information relating to GDPR) and cookie policies for your website.


Graphics and Photography

We ask that you supply any graphics such as your logo in a high-resolution format, such as a PDF file or any other editable vector format. If you would like to use photography on your new website, please ensure that you have full and legal rights to the photographs you supply. Photos should be preferably higher than 1024x768 pixels. You are welcome to purchase stock photography from any reputable stock library. If you would like us to search for photographs for you, we can provide a separate quotation.

We cannot take responsibility for any copyrighted or non-royalty free images, text, graphics, music or video, and any potential or actual breaches of copyright through or from your website.

We may use stock imagery to improve the overall appearance of the design, there may be an additional charge to purchase rights to use the image should you wish to keep them.


Website Development

We use a variety of methods to deliver your new website, based on the agreed parameters for your project. This is typically achieved by using a variety of languages including HTML, SCSS, PHP and jQuery.

If at any point during the project both parties agree that third-party software or code needs to be purchased for the website, the total cost will be added to your final invoice. We cannot take responsibility for buying any incorrect software, or software that is not compatible with your website. We do not offer any refunds for any software purchased from a third-party unless the third-party provides a favourable returns policy.

We will not customise third-party themes, applications, plugins or software.


Desktop and Mobile Browser Testing

We will test your website in Internet Explorer 11, Microsoft Edge, Google Chrome, Mozilla Firefox and Apple Safari to ensure that your customer's experience of your site is pleasant and that the coding technologies we have used are compatible with these browsers. We do not test in any other older or more obscure browsers.

For mobile devices, we check both iOS and Android browsers such as Safari and Google Chrome. We do not test any other proprietary browsers unless agreed separately. If you require your website to work in older browsers, we can provide a separate quotation.


Warranty

Once your website has launched, we will provide you with warranty where you will receive free support and bug fixes for a limited period of time. Any bugs reported after the warranty period will be billed for accordingly.

If your website has been developed using the WordPress CMS, we will provide you with free security updates during the warranty period of six months. This warranty does not include further development or website changes and content updates.

If you would like to continue to receive bug-fixes and security updates after the warranty period, we can provide a support agreement for this, please contact us.


Website Hosting

As part of the project, you will be offered 12 months of free email and website hosting with Webforward. On the 11th month of this offer, you will receive an invoice for the next 12 months of email and website hosting. Hosting invoices will then be raised on an annual basis from the anniversary of your launch date.

Your website will be hosted in our Tier 2 Data Centre space located in Sheffield. We have a minimum 99.95% network uptime guaranteed with 24/7/365 support via email.

If you would like to cancel your hosting with us, we will require 30 days notice. Should you already have an existing hosting partner that you would want to use to host your website, we can provide you with a copy of all files that you will need to make the site live. Unfortunately, we do not offer a move away from service.


Search Engine Optimisation (SEO)

We cannot guarantee that search engines will list your website, or whether the new website will have an improvement on your ranking position. If you would like to improve your Search Engine Optimisation, we can provide a separate quotation.


Intellectual Property Rights

Intellectual Property Rights applies to all copyrights, trademarks, internet domain names, design rights, database rights, rights in confidential information and any other intellectual property rights. You guarantee that all elements of text, images or other artwork that you provide are either owned by you or that you have permission to use them.

We guarantee that all elements of the work we deliver to you are owned by us, or we’ve obtained permission to provide them to you. When we provide text, images or other artwork, we agree to protect you from any claim by a third-party that you’re using their intellectual property. If you have paid us for your project, we’ll assign all Intellectual Property Rights to you as follows:

  • You will own the website we have designed for you, plus any visual elements that we have created for it.
  • We will give you any source files and finished files that you can keep somewhere safe, we are not required by law to keep a copy of these.
  • You will own all intellectual property rights of text, images, site specification and data you have 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 will also own the unique combination of these elements that constitute as a complete design and we’ll license it's use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.


Displaying our work

We like to display our work to potential customers and existing customers, and we reserve the right to display your project and link to your project as part of our portfolio. From time to time, we may also write about your project on our blog, social media channels or any other magazine or publication. We also reserve the right to display a hyperlink on your website crediting our part in its design and development. If your project requires us to sign an NDA then we will do so, and this part of the agreement will be voided.


Payment

Unless stated otherwise in writing, we require a payment of at least 30% of the total sum due before the work can be scheduled, and a further 70% once the website is complete. All invoices must be settled within 28 days of the invoice date.

In the unlikely event that the project takes longer than three months to deliver due to the Customers failure to provide information, or remain in contact with Webforward during this period, we reserve the right to request payment for the full outstanding balance. All invoices are issued electronically and can be paid via BACS, or via a Debit/Credit Card charge. All proposals are quoted for in Great British Pounds and are subject to VAT at the prevailing rate.


Right of termination

If you would like to cancel your project, you can do so in writing. We will only accept this request for termination if work on the project has not yet begun. If work has already begun on the project, we reserve the right to charge up to 85% of the project total. The scale of this charge will be dependent on the stage of the project when the cancellation takes place.

We reserve the right to not work with any clients who have a site which we deem unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media.

If you choose to host your website and/or emails with us, we reserve the right without notice to suspend your hosted services if:

  • We receive excessive spam complains about your domain
  • It is suspected that you are using the email account to send spam
  • We suspect that you are using our email service to send explicit, offensive or inappropriate material
  • Invoice payment has not been made in accordance with these terms.