Terms

Summary

We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong.

In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.


In short

You, the client, are hiring Class Creative Limited, to design and develop a website for an estimated total price as outlined in previous correspondence. Of course it’s a little more complicated, but we’ll get to that.


What do both parties agree to do?

As our client you have the power and ability to enter into this contract on behalf of your company or business. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

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. On top of this we’ll also maintain the confidentiality of any information that you give us.


Design

We’ll create the design 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. Any further design revisions will be billed at the hourly rate of £60.00 per/hour (excl VAT).


HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, we’ll develop these using HTML5 and CSS2.1 and CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in the last two versions of most of the major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 7 and 8, this means a universal, typographically focussed design but no layout. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5, 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

If you need us to consider these older browsers, we will charge you at the hourly rate of £60.00 per/hour (excl VAT) for any necessary additional design work, development and testing.


Text Content

We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at £60.00 per hour (excl VAT) for copy writing or content input.


Photographs

You will supply us photographs in a digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. We are happy to provide direction with some initial ideas for the photography but any time we spend searching for appropriate photographs will be charged at the hourly rate of £60.00 per/hour (excl VAT).


Changes and Revisions

The setup price at the beginning of this document is based on the number of hours 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 templates, or even add new functionality, that won’t be a problem. You will be charged the hourly rate of £60.00 per/ hour (excl VAT). Along the way we might ask you to put requests in writing so we can keep track of changes.


Technical Support

You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. We know from plenty of experience that transferring the website to a third party hosting company is a labour intensive effort. We can carry out this hand over service at the hourly rate of £60.00 per/hour (excl VAT).

If you don’t manage your own website hosting, we can set up an account for you on our servers and can quote for this service accordingly.


Legal Stuff

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 of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
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.


Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion on the website are either owned by your good selves, or that you have permission to use them.

When we receive the final payment, copyright is automatically assigned as follows:

i. You own the graphics and other visual elements that we create for you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.

i.i. You also own text content, photographs and other data you provided, unless some one else owns them. We own the markup, CSS and other code and we license it to you for use on only this project.

i.i.i. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.


Payment

Invoices will be raised and dispatched according to the following schedule:

  • 50% of order value upon commencement of the project.
  • 20% of order value upon completion of planning stage.
  • 20% of order value upon completion of design stage.
  • 10% balance of order on agreed work completion, including all necessary costs incurred for the goods and services provided.

Upon receipt of invoice payment is required within 30 days, unless other arrangements have been expressly agreed.


Interest on late payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Class Creative Limited reserves the right to charge interest on overdue invoices at the rate of 5% above Bank base rate at the time of the charge.

Invoice reminders will be dispatched according to the following schedule;

  • On agreed work completion.
  • 21 days, 14 days, 7 days, 4 days, 2 days before the invoice due date.
  • On invoice due date.
  • Every 2 days after invoice due date.

If the outstanding balance of the invoice is not paid within 5 days of the invoice due date a 5% late payment fee will be automatically added to the outstanding balance. A subsequent 5% late payment fee will be added to any outstanding balance every 30 days.


Finally

Just like a parking ticket, you can’t transfer this contract to anyone else without our 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 under exclusive jurisdiction of UK courts.