PLEASE NOTE – This Is a legal document, we aim to exceed expectations and do all that is necessary to ensure customer satisfaction and fulfil all requirements and more that’s out lined in the initial agreement, small tweaks and changes are considered extra contractually before referring to the outlined T&C’s.

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You (the client) are hiring us (the designers) MARKETING 4 U LTD to design and develop a website or carry out web-related work for you as outlined in the consultation or as discussed in our email communication. Please note that website care plans are considered part of a separate agreement. 

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1. Project Size and Booking

Quotes and Estimates: Valid for 30 days from issuance.
Booking: Secure your project start date within 2 weeks of accepting the proposal or agreement to avoid potential delays and fees. Failure to book within 2 weeks may result in temporary project closure and a rebooking fee if you choose to proceed later. 

2. Work Commencement 

Start Date: Confirmed upon receiving the first 50% payment and securing your slot on the project board either via email or via the E-Consultation, Content Submission: Provide all keyword-optimised, proofread content one week before the start date. 

3. Supplying Content 

Content Deadline
All content is required ONE WEEK prior to your booked start date. This allows me time to review, provide feedback, and request additional information or content Unless we have agreed in our initial consultation that we are responsible for the content and media prior. Otherwise, content is considered delayed if it is not available by the start date. See Delays, Suspension & Abandonment for fees associated with a delayed project

Written Content: Please ensure your content is publish-ready and optimised for search by using keywords in headings, unless we have agreed to optimise for you prior to the start date (content will be subject to change therefore).

Copy Editing Requests: Editing, fixing spelling or grammar, or adding additional content after the project start date has passed is out of scope and offered as an optional extra service (from £25 per page). 

Image Requirements: To ensure the best results, please provide editable vector files for logos and high-resolution digital photos for other images. If sourcing images falls outside your scope, we can do it for you at our hourly rate, with additional licensing fees if applicable. Just let us know your preferences in writing and we’ll take care of it!

Full Access: We need complete access to your web host and website upfront. If access isn’t available on the start date, we’ll develop on our server and charge £45 for website migration

4. Delays, Suspension, or Abandonment

Delays: A project is deemed delayed if your response to requests for assets, information, feedback, or approvals exceeds one week or if key deadlines, such as the initial content submission date or the design review window, are missed.

Suspension: Efficient project progress relies on timely communication and collaboration. While unforeseen circumstances may occur, if your response to our requests is delayed for more than two weeks without a mutually agreed-upon reason, we may suspend the project.

To reactivate a delayed or suspended project: You will need to provide all requested information, fulfil outstanding obligations, and pay a reactivation fee of 10% of the total project cost, per week or part week that the project is delayed. This fee compensates for disruptions caused by delays and ensures efficient scheduling for all our clients.

* The reactivation fee is applicable even if the project is fully paid, in cases of significant project time loss due to non-responsive communication.

Abandonment: If you don’t respond to our requests for more than 30 days without a good reason, we’ll consider the project abandoned. In case of abandonment, the full amount is still owed. Please ensure timely communication to avoid project disruptions and additional charges.

5. Feedback, Scope Creep and Approval

Feedback: Provide feedback in one batch (email) by one team member per review stage to ensure efficient management. 

Approval Stages: A review opportunity is provided. Five working days are allotted for providing feedback during approval stage. Uncontested work is deemed approved and cannot be rejected later. The completion of approved work triggers the remaining payments.

Scope Creep: Changes are welcome, but separate estimates will be provided for additional tweaks. Scope changes must be documented in writing.

Project Completion: A project is considered complete after addressing changes requested in the review stage.

6. Payment Schedule and Information

Prompt payment is essential for our small business to operate efficiently and deliver exceptional service. We appreciate your understanding and adherence to the following payment terms:

Payment: 50% of the total project cost, non-refundable, is required to secure your start date and initiate project work. We request remaining funds be paid within 10 days of completion of the project along with any additional charges accrued if client requested more changes than the standard review practice outlined in the agreement. Upon full payment, invoice receipt will be issued, website administration transferred in full to client unless client is opted for website management as per prior agreement.

 

Payment Methods: We accept electronic payments via BACS or secure online or QR scan online banking or other payment link methods as agreed initially.

Currency Conversion: Proposals are quoted in GBP.

Late payment procedures:

• To maintain service continuity, ongoing work or subscriptions, such as hosting, may be halted immediately if payment is not received by the due date.

• If payment is not received within the next working day following a missed deadline, we will be forced to temporarily suspend your website.

• After 30 days of non-payment, any files (including your website and emails) stored on our servers will be permanently deleted, as per our terms and conditions.

• Reactivation of your website after 30 days may require a new design quote and additional fees.

7. Warranty

Initial Warranty: 14 days from password/site access handover.

Client Responsibilities: Avoid making changes during the initial 14-day period to maintain warranty coverage.

Post-Warranty Period (Client-Managed Sites): Any work carried out or requested after this period will be billed at the standard hourly rate. Urgent repair work will be billed at time and a half 

Plugin/Theme Considerations: Occasionally, both paid and free plugins or themes might face developer abandonment and require replacement. The warranty does not apply if a plugin / theme causes sudden conflicts after site launch or in the unlikely event that the developer abandons it.

8. Design Credit and Marketing

Website Credit: A discreet link to our website will be placed at the bottom of the client’s website

Portfolio Inclusion: The client allows their developed website to be featured in Our Creative’s portfolio.

9. Technical 

Browser Testing: We focus on ensuring functionality and visual consistency across the most recent versions of popular desktop browsers. For older browser versions, basic functionality remains a priority, but visual discrepancies may occur.

Responsiveness: Your website will automatically adjust to various screen sizes and viewports for optimal viewing on all devices. We optimise for a responsive design, not separate designs for different devices.

Device Testing: We primarily test designs on the following platforms: iOS: Safari and Google Chrome and Android: Google Chrome

We cannot offer ongoing hosting or email support. However, we’re happy to guide you in choosing suitable hosting and email solutions.

Website Speed: While website speed depends on various factors like hosting plan and user location, we optimise websites for performance using best practices

SEO (Search Engine Optimisation): We design websites using search engine optimisation best practices to enhance their visibility. However, due to external factors like ongoing algorithm updates and strong competition, we cannot guarantee specific ranking improvements. Content quality plays a significant role in SEO, so providing keyword-rich and engaging content will further boost your website’s ranking potential.

10. Legal

Liability: We strive to deliver error-free work following industry standards and our expert skills. However, due to the inherent nature of technology and creative processes, complete error-free work cannot be guaranteed. Therefore, we and our affiliates are not liable to you or any third party for damages, including lost profits, lost savings, or other consequential damages, even if we are informed of the possibility of such damages.

Your Liability: Your financial liability under this agreement is limited to the total fees outlined in the contract and cost estimate. You are not liable for any damages, even if informed.

Contract Clauses: If any part of this agreement is found to be illegal, void, or unenforceable, that part will be severed from the rest of the agreement, and the remaining provisions will remain in full force and effect.

Intellectual Property Rights: You guarantee that you have the legal right to use all content and assets provided to us for the project. We similarly guarantee that the copyrighted materials used in the project are either rightfully ours or appropriately licenced. Upon full payment and completion of the project all intellectual property rights associated with the website design will be assigned to you. We reserve ownership of any pre-existing or separate intellectual property not expressly included in the project scope and paid for by you.

Domains and Hosting: You are solely responsible for the legal and ethical use of your domain names, hosting, and email services. You agree to hold us harmless from any claims arising from your use of these services. Please provide us with the necessary access details for uploading the website and content upfront. We reserve the right to decline any domain- or hosting-related work at our discretion.

Indemnification: You use our services at your own risk. You agree to defend, indemnify, and hold us harmless from any claims, liabilities, costs, or damages arising from your use of our services, products sold by you or third parties, or any violation of this agreement. This indemnification covers all project aspects and extends to potential losses, injuries, copyright infringement, and other legal or regulatory issues.

Cookie Policy and GDPR Compliance: Client Responsibility: The client acknowledges and agrees that the designer is not responsible for creating the cookie policy or ensuring GDPR compliance for the website. While the designer may provide plugins or tools to help manage cookies and data privacy, the client is solely responsible for customising them to meet legal requirements.

Client Content and Settings: The client must provide all necessary information, consent texts, disclosures, and other content to establish an effective and compliant website.

Client Understanding and Liability: The client understands that failure to provide the required content and ensure GDPR compliance is their sole responsibility and may result in legal consequences. The designer will not be held liable for any legal or regulatory issues arising from the client’s failure to comply with GDPR or other relevant data protection laws.

NOTICE

You Cannot transfer this contract to anyone else without the other’s permission. We both agree that we will 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 does not need to 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 the exclusive jurisdiction of English and Welsh courts.