• follow me on
Terms and Conditions - image showing closeup of contract with hand holding a pen
Last updated February 2017

Terms of Business

I’ll always do my best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

The following terms and conditions apply to all products and services provided. All work is carried out with the understanding that you have read and accepted them.

Summary

I'll always do my best to fulfil your needs and meet your expectations, but it's important to have things written down so that we both know what's what, who should do what and when, and what will happen if something goes wrong. In this contract you won't find any complicated legal terms or long passages of unreadable text. I've no desire to trick you into signing something that you might later regret. What I do want is what's best for both parties, now and in the future.

So in short, you are hiring me to complete the work outlined in my quotation for the estimated total price shown. Of course it's a little more complicated, but I'll get to that.

You: You have the authority to enter into this contract on behalf of yourself or your organisation. You'll be responsible for requesting from me or providing me with any details your organisation may need to approve the work or pay for it. You'll give me everything I need to complete the project as and when and in the format I need it. 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. If I have agreed a credit account with you, you'll also agree to stick to the payment schedule in the quotation.

Me: 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 me.

Graphic design

Some folks have a pretty good idea of what they want me to achieve, others are looking for fresh ideas. We'll take time to work out what's important to you, then agree a comprehensive quotation that I'll use to deliver working designs. I'll own any designs I create for proposals to you, but you can license them and I can update my quotation to include this.

You'll have plenty of opportunities to review my work and provide feedback. I'll share my work in progress with you and have regular, possibly daily contact. If you want to change your mind or add anything new, I'm happy to oblige and I can update my quotation to include this. If, at any stage, you're not happy with the direction my work is taking, you'll pay me in full for everything I've produced until that point and cancel this contract.

Files that you supply

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. I like plain text files created in Word, Notepad or TextEdit. I can convert materials from other formats so I can use them and can update my quotation to include this.

Photographs

I'm not responsible for sourcing or creating photographs unless it's included in my quotation. If you choose to buy stock photographs, I can suggest stock libraries. If you'd like me to search for photographs for you or arrange for photographs to be created, I can update my quotation to include this. You'll be responsible for making sure that photographs are properly licensed for your use.

Text content

I'm not responsible for writing or keying-in any text copy unless it's included in my quotation. If you'd like me to write new content or input text for you I can update my quotation to include this.

Websites

I create flexible layouts that adapt to the capabilities of many devices and screen sizes. Designs are created progressively and use predominantly HTML and CSS so I won't waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)

HTML, CSS and Coding

I deliver web page types developed from HTML5 markup, CSS2.1 and CSS3 stylesheets for styling and unobtrusive JavaScript for feature detection and functionality. I use Microsoft ASP.NET for server side coding and interaction with Microsoft SQL Server databases. I'm happy to provide additional coding and functionality not detailed in the quotation and can update my quotation to include this.

Website functionality

Browser testing

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), Microsoft (Internet Explorer) and Mozilla Firefox. I'll test to ensure users get an appropriate, possibly different, experience. I won't test in older browsers unless you specify otherwise. If you need an enhanced design for an older browser, I can update my quotation to include this.

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. I test my work in Safari and Firefox on iOS 8, and in Firefox on Android 4.

I currently don't test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need me to test using these, I can update my quotation to include this.

Search Engine Optimisation

I cannot guarantee any improvement to a search engine ranking, nor can I promise to get a site higher up or to the 'top of Google', but I build every site in a way that is accessible to search engines in an effort to increase its chances.

Website configuration

You may already have professional hosting and you might even manage that hosting in-house; if you do, great - as long as the servers meet my specifications for the sites I develop, and it's your responsibility to make sure your servers can run the site before work commences. I'll provide all the files you need to create a live site. Unless included in the quotation, you'll be responsible for uploading files, configuration and management of that server. If you want me to do this for you then I can update my quotation to include this.

Domain Hosting

I maintain private web, mail and data servers and offer fully managed hosting suitable for the websites that I design. If included in the quotation I'll manage all aspects of making your new website operational and maintain the service for you, and I'll detail the first annual payment for hosting in my quotation. Subsequent years payments may increase but I'll give you plenty of notice if this happens.

Domain Names

If I've agreed to take responsibility for the registration or maintenance of domain names, I'll register domain names on your behalf and invoice you for costs as they are incurred. If you no longer wish to continue with registration you will give me at least a month's notice in advance of the renewal date.

Coding or software

I create code on the Microsoft.NET platform running under Windows, including MS Office and stand-alone applications, and use JavaScript where necessary for web-based applications. The software or coding runs under Windows, and is tested on Windows 8.x Professional, Windows Server 2012, SQL Server 2012, and Microsoft Office 2013 as appropriate. If you need me to test using other Microsoft operating systems or software, I can update my quotation to include this.

I'll fulfil all of the functional requirements included in the quotation, I'm not responsible for creating documentation or help files unless it's included in the quotation, but I'm happy to provide additional functionality or documentation and can update my quotation to include this.

You'll receive fully functional final files or applications together with code libraries as necessary. You'll be able to distribute and use the software as intended but you aren't allowed to modify the coding unless it's included in the quotation.

Changes and revisions

I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I 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 I'll need to accomplish everything you've told me you want to achieve, but I'm happy to be flexible. If you want to change your mind or add anything new, that won't be a problem and I'll update my quotation to include this

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you've permission to use them. When your final payment has cleared, copyright will be automatically assigned as follows:

You'll own the finalised visual elements that I create for this project. I'll give you finished files and associates resources, and you should keep them somewhere safe as I'm not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

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 I agree otherwise.

I love to show off my work and share what I've learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books. 

Credit Accounts

I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you'll want to stay friends, you agree to keep to the payment schedule shown in the quotation.

If I don't hear from you about making a payment later than scheduled I'll add late payment fees and recovery costs to your account balance. I have a separate policy document detailing my credit management process and you'll be bound by this policy.

Legal stuff

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. 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.

Just like a parking ticket, you can't transfer this contract to anyone else without my 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.

Share this page:

Contact me...

please wait
×