Terms and Conditions Done for You Website Designs:
Definition of terms
Happy Heart or Branching Out – Naomi Gilmour, trading as Happy Heart Online Marketing (Branching Out) having its principal place of business at 2 Adler Road, Cranberry Gardens. Congleton CW12 1GJ
The client – the entity which enters into a contract with Happy Heart Online Marketing
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 things go wrong. In this contract 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 do want what’s best for the safety of both parties, now and in the future.
You, the client, are hiring Happy Heart Online Marketing to design and develop a web site for the estimated total price outlined in our previous correspondence. The agreed payment plan is at the end of the document. What do both parties agree to do? As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. 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. Deadlines work two ways and you will 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 endeavor 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 will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site as per the agreed quote/schedule of work. 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 the hourly rate of £97.
We are not responsible for writing 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 £97 per hour, including a free initial consultation, for copy writing or content input.
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged at £97 per hour or our photographic rate, after a free initial consultation to determine if this is the best route to take. Any time we spend editing provided photographs, unreasonably, will be charged at our hourly rate of £97.
Changes and revisions
The estimate/quotation prices originally provided 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 pages or templates or even add new functionality, that won’t be a problem. You will be charged as per our Add-on rates, displayed on our website. Along the way we might ask you to put requests in writing so we can keep track of changes.
You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can host your website for an agreed monthly fee which will be paid to us annually. We will back up your website but we do not offer or include technical
support for web site hosting, email or other services relating to website hosting. Should you require technical support we can pass you directly to our recommended partners. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.
Maintenance, if included in the contract, shall be on a month to month basis, with a minimum fee of 1 hour, at the hourly rate, payable in any month where updating is necessary. Fees will be assessed on an hourly basis at the hourly rate, hour or part thereof. No fee will be required in a month where no updating is necessary. Search engine re-submissions, other than the original submission included in the contract fee, shall be included in the maintenance fee. Happy Heart Online Marketing reserves the right to increase the hourly rate, with one calendar month’s notice.
We can’t guarantee that the functions contained in any web page templates or in a completed web site 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. We do not take any responsibility for the services of third parties and we also do not guarantee listings on Search Engines. The client accepts that it is Search Engines and not us who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines. We do not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.
We reserve the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. We will 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 that we used in making them. You also own 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 on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
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 following payment schedule, which will be as follows, but may be revised based on further conversations between us.
As per website payments selected
Thereafter our tasks will be invoiced monthly, in advance. Clients will be required to pay our invoice within 7 days. Invoices will detail our charges and any costs incurred, products bought and services paid for. Interest at 4% pa will be charged on any balance due which remains unpaid 14 days after invoice.
Interest accrued if payment is more than 30 days late is 5% of outstanding amount to be added every 7 days, starting from 31st day after receipt of finished product.
Happy Heart Online Marketing is committed to protecting your privacy and will handle all information, which it receives from you in accordance with the applicable Data Protection legislation. (i) Your privacy is of utmost importance to us. We collect personal information about you when you engage the Services of Happy Heart Online Marketing. This will include your name, address, email address and telephone number and any user names and passwords to access sites that are to be developed. We will remove any personal information from our database at the request of the individual concerned if requested to do so. Requests for access to individual information or removal of information should be made in writing.
(ii) Happy Heart Online Marketing only uses your personal information for the original purposes it was given. (iii) Happy Heart Online Marketing will not disclose, use, give or sell any personal information to third parties for any purposes other than to our Suppliers and other third parties who need to know in order to deliver Services. From time to time we may use your contact details to send you newsletters, advise you of special offers or to let you know about other Services and products we provide. If you do not wish to receive this information you can let us know by email or in writing to our postal address. You will be offered the option to opt out of each communication.
(iv) By accepting our Terms and Conditions and using the Services of Happy Heart Online Marketing, you consent to the collection and use of your personal data by Happy Heart Online Marketing for the purposes outlined above and for any other purpose which is reasonably necessary for us to provide proper Services in accordance with our Terms and Conditions.
The IP for all products excluding is under the ownership of you, the client, any licenses and plugins added to the site are owned by Happy Heart Online Marketing and you may be charged an admin fee if transferring to another supplier. If any of provisions of this agreement are unenforceable such provisions shall be severed from this agreement and the remainder of the provisions shall remain in full force and effect. This agreement shall be construed in accordance with English law and we and you agree to submit to the non-exclusive jurisdiction of the English courts.
Changes to Terms and Conditions
These terms & conditions or those available to view at www.happyheartonline.co.ukthey may change from time to time. The Client will be informed of revisions as and when they are issued.
But where is all the horrible small print?
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 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 courts.
Digital Copy. Acceptance required by selecting check box at checkout
(ONE) The second party has requested that the first party undertake certain services in connection with the second party’s website.
(TWO) The first party has agreed to undertake these services THEREFORE it is hereby agreed and declared as follows:-
(ONE) The first party will undertake services as defined in the section “Schedule of work”
(TWO) The works will be undertaken and completed within the agreed timescales. (THREE) The works will be completed subject to the Standard Terms and Conditions annexed and signed as relative hereto.
By agreeing to these terms you declare that you have read, understood and agreed to the terms and conditions specified in this document.