Terms and Conditions
Between Gemma Forster
And [customer name]
You customer name, located at customer address (“You”) are hiring me Gemma Forster (“I or me”) to:
- Design and develop a web site inline with the project proposal given in our previous correspondence.
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 me the assets and information I tell you I need to complete the project. You’ll do this when I ask and provide it in the formats I ask for. You’ll review my 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: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give us.
I create websites using WordPress. I use themes that adapt to the capabilities of many devices and screen sizes. I use CSS to customise your website.
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder with you and we’ll have regular, possibly daily contact.
Text content and images are to be provided by you before the work starts. I do not provide professional copywriting and editing services, so if you’d like someone to create new content I can recommend a few different copywriters
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, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate 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.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), and Microsoft (Edge).
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. I test my designs on Android smartphone, tablet and an Apple iOS device.
I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need me to test using these, I can provide a separate estimate for that.
I am not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you at one of our preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Search engine optimisation (SEO)
I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I develop are accessible to search engines.
I’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, I can’t guarantee that my work will be error-free and so I 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 me of them.
Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’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 you, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.
I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I will own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying my work
I reserve the right to display all aspects of my 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.
Payments and deposit
I’m sure you understand how important it is as a small business that you pay the invoices that I send you promptly.
After a price is agreed, a 50% deposit will be invoiced; it must be paid and cleared in Gemma Forster’s bank account before any work starts.
The remaining 50% will be invoiced after my involvement in the project is complete, regardless of the involvement of other parties. The final payment of 50% must be paid within 7 working days (as specified on invoices) of my involvement in the project being complete.
The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of [percentage] per month or part of a month.
I am not VAT registered.
The deposit is not refundable.
I will make every effort to meet the agreed completion date. Sometimes, circumstances change and if for any reason I cannot meet the agreed completion date I will endeavour to notify you in plenty of time.
Any requests for extra work or changes to the project must be supplied in writing (for example, by email).
Requests for extra work or changes to the project specification after the specification is agreed, or are requested after the project has started, will affect the agreed completion date and agreed price. Any requests for extra work or changes to the project will be quoted for and, if agreed, will be invoiced in advance as an interim payment.
In addition to testing and checks that I carry out, it is the client’s responsibility to check over the finished project.
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 any 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 courts.
Signed by Gemma Forster…………………………….. Date ……………………
Signed by [customer] …………………………….. Date ……………………
Everyone should sign above and keep a copy for their records.