Website Design Terms & Conditions
I.C.E. Web Design is part of the IT Core Essentials Group.
By purchasing services and/or products from I.C.E. WEB DESIGN, either as a one-off project or ongoing basis, you are bound by the following Terms & Conditions.
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. 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.
Also referred to as ‘You’, the company, business or client, authorised representative of the client, or individual requesting the services of I.C.E. WEB DESIGN.
I.C.E. WEB DESIGN:
Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
I.C.E. WEB DESIGN will issue you with an estimate and/or proposal either verbally, by post or via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, The Project may also be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
Acceptance of the estimate/proposal Pro Business Websites provides you with is deemed acknowledgement and agreement to the following terms and conditions. Fixed Fee components of estimates are firm for 30 days from the date of proposal. Estimates not accepted within that time may be subject to adjustment.
INITIAL DESIGN MEETINGS:
Upon completion of the website project enquiry form, we will be in touch to arrange a discovery meeting to find out more about your requirements. The meeting will be arranged at a suitable time for both parties and you will be offered a selection of time and dates. Discovery sessions take place either by phone, skype or we can arrange discovery sessions in person for projects over a certain budget.
DESIGN & DEVELOPMENT:
I.C.E. WEB DESIGN work with you on your project and we want you to be 100% satisfied with our service. This includes one main design and the opportunity for two further design revisions. I.C.E. WEB DESIGN will provide the client with an expected completion time frame for the project.
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 static visuals to indicate a look-and-feel direction (colour, texture and typography.)
The estimated time taken to complete a website is between, but not guaranteed, to be 4-6 weeks. This is subject to change at any point and notice will be given. If content is asked for and presented as requested by us before any such work commences then this shall speed up development time. Fees estimated in this proposal are done so for the purpose of budgeting. The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the proposal, I.C.E. WEB DESIGN will keep the client informed of both work and fee’s during the design and production program. If The Client does not provide expected information or respond to I.C.E. WEB DESIGN in a reasonable amount of time, the timelines for the project may be affected. I.C.E. WEB DESIGN will not be liable for any loss or damage resulting from such estimated time periods not being met.
CHANGES & DESIGN REVISIONS:
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time 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, however, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they may be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all working towards the same goals before proceeding.
We may also ask you to put your requests in writing so that we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point, you will pay us in full for all of the work we have completed and may commission us to complete the new project based upon the new requirements. This will require a new quote and contract
We’re not responsible for writing or inputting any text copy except where stated in your package options. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
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 estimate for that.
Websites designed, developed and created by Pro Business Websites will be viewable in the latest versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari. If you opt out of the ‘Cross Browser Testing’ section of the proposal, we cannot guarantee error-free viewing in any specific browser. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. The client should be aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in. We are not responsible for browser compatibility errors 14 days after installation. Unless clearly requested as part of your contract, compatibility on phones, tablets and other mobile devices is not guaranteed.
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.
DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 9 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for older versions of Internet Explorer and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
MOBILE BROWSER TESTING
Testing popular small-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 work in:
iOS: Safari, Google Chrome Android 4.x: Google Chrome and Firefox
We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
You’ll have plenty of opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help us develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customizations made by the developer is still passed to the client upon final payment.
I.C.E. WEB DESIGN utilises third party services and open source technology for web design and development projects. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, I.C.E. WEB DESIGN cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. I.C.E. WEB DESIGN cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current backup of your own website.
I.C.E. WEB DESIGN charge for the design and development of websites at various stages.
Before we start work:
50% deposit of the total sum due is payable (the deposit).
25% is due once the website design and functionality is approved by you.
25% is payable upon completion of testing and it is agreed by both parties the website is ready for deployment and go live.
Your website will only be enabled and sent live, when it has been paid for in full. The initial deposit payment is non-refundable after I.C.E. WEB DESIGN has committed resources or started, completed or undertaken any such work involving research, prototyping, or involving financial outlay on the client’s behalf.
- I.C.E. WEB DESIGN will charge 1.9% fee for all payments made using a credit or debit card. This fee is charged to recover the costs incurred by I.C.E. WEB DESIGN for receiving such payments by our service provider. For alternative payment methods, we also accept BACS and cheques, which will incur no payment fees. If paying by cheque, I.C.E. WEB DESIGN will have to allow the cheque to clear the through the banking system before beginning or continuing, or completing your project.
- I.C.E. WEB DESIGN own all design, code, stock images, website copy produced by us for of the website until final payment has been received in full.
- I.C.E. WEB DESIGN accepts payment via Credit & Debit Card, Paypal, BACS and Cheques. Accounts outstanding for a period in excess of 14 days may be subject to an additional administration charge of 5% of the balance due. I.C.E. WEB DESIGN will be under no obligation to proceed to an ensuing stage of the project until all outstanding invoices and charges have been met in full. In the case of web design and/or development, I.C.E. WEB DESIGN reserve the right to withhold the live implementation of The Project until outstanding payments have been settled.
If you are unable to supply all of the right content at this stage, it does not mean that we have not done out job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the the final invoice. Once the final invoice is paid we will hand over all of the required files and services and provide support based upon your package agreement signed. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site or any files and creative work on our servers or continue with the project in any way.
I.C.E. WEB DESIGN will require passwords and access details in order to fulfill the requirements of the project. I.C.E. WEB DESIGN undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by I.C.E. WEB DESIGN. You, The Client is responsible for keeping confidential, any passwords and usernames issued to them by Pro Business Websites.
ACCESS RIGHTS FOR WEB DEVELOPMENT:
The client agrees to allow I.C.E. WEB DESIGN all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/write permissions, usernames and passwords.
PROJECT DELAYS AND CLIENT RESPONSIBILITY:
I.C.E. WEB DESIGN will let you know of any required information/copy/imagery/services etc upon the project proposal being accepted. Any time frames or estimates that we give are reliant upon you providing I.C.E. WEB DESIGN with accurate and timely information and materials. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Once payment has been received and the project has commenced, you must be available via e-mail, able to answer all questions and complete tasks throughout the design process.
Email is our chosen method of contact with regard to all communication for your websites design and development. Email is the most efficient and cost-effective form of contact.
We offer a full support service and details of this will be given to you upon your project start date.
It is the client’s responsibility to inform us of any change of contact information so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
It is important for the client to keep in contact with I.C.E. WEB DESIGN throughout the entire project.
If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us, otherwise the project may be archived. We reserve the right to charge a fee of £99 if the client returns after an unapproved postponement period and wishes to continue work on their project.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you or your business or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
I.C.E. WEB DESIGN licenses to you, all files, code and visual elements that we create for you, for use on this project only. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided unless someone else owns them.
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.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. I.C.E. WEB DESIGN will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction.
ARTWORK APPROVAL, ERRORS & OMISSIONS:
I.C.E. WEB DESIGN will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, is it considered the clients responsibility to check all artwork carefully before final sign off on the artwork approval sheet. I.C.E. WEB DESIGN is not liable for errors or omissions once this sheet is signed. Your signature (or electronic recognition) or that of your authorised representative is required on all illustrations or artwork prior to release for printing or other implementation.
WEBSITE CONTENT APPROVAL:
I.C.E. WEB DESIGN ask for you and encourage you to review your content and functionality before putting it live. I.C.E. WEB DESIGN is not liable for errors or omissions once you have approved the site to go live.
You will receive email support for 30 days after your site is deployed (made live) unless otherwise stated in your package agreement. I.C.E. WEB DESIGN asks you to use this time to carefully, and, in the case of a WordPress site, load your information and process several test entries to become familiar with your new design’s functionality. After 30 days, and depending on your chosen package, there will be a charge for support depending on the frequency and complexity of your requirements. The support period is limited to the troubleshooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
I.C.E. WEB DESIGN offers website training for local businesses as an extra service. Unless outlined in our proposal, or specifically requested, as part of the process, basic WordPress software training is included. Extra training is available at an additional cost.
LICENSES OF 3RD PARTY PRODUCTS:
I.C.E. WEB DESIGN offers service’s which often incorporate the use of 3rd party services and products. I.C.E. WEB DESIGN may install these products on to your site utilising a developers license. In these cases, if you wish to terminate your engagement with I.C.E. WEB DESIGN but wish to maintain use of these licensed products or services, I.C.E. WEB DESIGN will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.
OTHER PROPERTY & SUPPLIERS:
Although reasonable care will be taken when recommending manufacturers, services and suppliers, responsibility cannot be accepted for any product failure or consequent production losses. I.C.E. WEB DESIGN will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, I.C.E. WEB DESIGN is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for the quality, price, performance or delivery.
Fees for I.C.E. WEB DESIGN professional services do not include outside purchases such as, but not limited to, printing, photography, stock imagery, colour printouts, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice. If consultant, training or supervisory services are required in locations over 100 miles from our offices, we will bill accommodation, meals, and transportation at cost. Mileage is calculated at current allowable rates. These items will not be accrued without your prior knowledge. Anticipated disbursements will be itemised in your proposal.
Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time I.C.E. WEB DESIGN are notified in writing of such cancellation.
Our liability for any alleged negligence in our design and digital involvement shall not in any event exceed the amount of the fees charged to or paid by the client. In any event, I.C.E. WEB DESIGN will not be liable in any way for any such damage, which may be caused as a result of any alleged negligence.
I.C.E. WEB DESIGN undertake everything possible to satisfy our customer’s needs, but if a refund is requested, your 50% deposit is not refundable after acceptance of your proposal. The remaining amount will be refunded to the client depending on how the payment was made. The customer agrees not to use any received revisions, as they remain the property of I.C.E. WEB DESIGN. Negotiations for full refunds will not be accepted. As clearly stated, all clients are asked to read and agree to these terms of service prior to the commencement of any project.
Final website files and design work completed by I.C.E. WEB DESIGN on behalf of the client will be transferred to the client after payment unless otherwise specified by I.C.E. WEB DESIGN. Copyright on all software and code remains the property of I.C.E. WEB DESIGN or the respective owner until full payment has been received. We’ll give you a copy of all the files and you should store them securely as we are not required to keep them or provide any native source files we used to make them. You also own the text content, photographs and other data you provided unless someone else owns them. We own the markup, CSS and other code and we licence it to you for use on this project only.
After the completion of your website, we might include the design we created for you on our own website for display purposes. This feature is for design purposes only and if you decide you don’t want to be included please let us know before the finalisation of your project. You may also be asked to provide a testimonial or review for the I.C.E. WEB DESIGN website. You are under no obligation to do so, but your feedback is always appreciated.
SEARCH ENGINES & ONLINE MARKETING:
I.C.E. WEB DESIGN does not guarantee any specific position in search engine results for your website. Where stated in your proposal, I.C.E. WEB DESIGN perform search engine optimisation (SEO) according to current best practice using third-party supplied tools.
All SEO and online marketing service are provided to you with no fixed contracts and are cancellable at any time provided we receive 30 days notice and there are no payments outstanding. All recurring monthly payments are to be made 30 days in advance for our online marketing and SEO services.
I.C.E. WEB DESIGN do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
I.C.E. WEB DESIGN do not undertake work on an exclusive basis unless this has been specifically negotiated.
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 the United Kingdom courts.