Website Design Terms Of Service
Its always important to read the terms of service so you know exactly where both partners stand.
Our Agreement
The following terms and conditions apply to all website development/design services provided by Conor Bradley – Digital Agency to the Client. Any Other services can be found via the main terms of service.
Please read these terms and conditions carefully, as any purchase or use of our services implies that you have read and accepted our terms and conditions.
No Client needs to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
These Terms and Conditions override any preceding representations, understandings, or accords. The Client’s affirmation conveyed through email, text, or the submission of an initial fee, is indicative of their agreement with and endorsement of these Terms and Conditions. Making a payment online signifies the client’s assent to these stipulations.
Severability
Should any provision of this Agreement be deemed invalid, illicit, or unenforceable, it shall not affect the validity or enforceability of the remainder of the Agreement. The invalid clause will be substituted by an agreed-upon clause that is valid, legal, and enforceable and aligns most closely with the original intentions of the parties involved.
Charges
Fees for services rendered by Conor Bradley – Digital Agency are detailed in the project quote sent to the Client through email. These quotes remain valid for a duration of 60 days. After this period, Conor Bradley – Digital Agency holds the discretion to modify or refuse to provide a quote.
Unless there’s a different agreement in place with the Client, all website design services necessitate an upfront payment. This payment covers seventy (70) percent of the total quoted amount. The work is then presented to the Client for evaluation. The outstanding thirty (30) percent of the quoted amount is payable either upon project completion or 31 days after the initial payment, whichever occurs first. This final payment is required before the work is uploaded to the server or any materials are released.
Payment for services is due by cash, credit/debit card or bank transfer. Bank details are made available on invoices.
Client Review
During the design phase and upon concluding the overall website development, Conor Bradley – Digital Agency will grant the Client a chance to assess the website’s look and content. If, within ten (10) days from when these materials are presented, the Client doesn’t provide any feedback, the materials will be considered as approved and accepted. Any concerns or changes must be communicated to Conor Bradley – Digital Agency within this specified period.
Turnaround Time and Content Control
Conor Bradley – Digital Agency commits to launching or providing the Client’s website by the date indicated in the project proposal or on an alternative date agreed upon after receiving the initial payment, unless there’s a specific postponement requested by the Client and consented to by Conor Bradley – Digital Agency.
The Client, in turn, agrees to appoint a sole representative to facilitate smooth communication and assist Conor Bradley – Digital Agency in advancing the project efficiently.
For the development process, Conor Bradley – Digital Agency expects the Client to supply all necessary content for the website, including but not limited to text, images, videos, and audio files.
Failure to provide required website content
Conor Bradley – Digital Agency, as a compact enterprise, prioritizes efficiency by ensuring scheduled projects are executed promptly. Due to this commitment, we sometimes decline other potential projects to guarantee the timely completion of your work.
Therefore, we earnestly request clients to supply all essential materials and details a minimum of one (1) week before the determined completion date. If, for any reason, our progress on your website is hindered because of a delay in receiving the necessary information from your side, we hold the right to levy an additional charge of up to 25%. For projects that include Search Engine Optimisation, it’s crucial to finalize and agree on the site’s text content ahead of time, ensuring a smooth and efficient SEO implementation.
If the client commits to supplying necessary materials but doesn’t deliver them within one (1) week of the agreed completion date, Conor Bradley – Digital Agency has the right to deem the project as concluded, and any remaining balances will become immediately payable. Put simply, clients should only greenlight a project when they’re entirely ready to participate.
Additionally, Conor Bradley – Digital Agency promises to make regular updates to websites that they design and host. However, this commitment operates under a fair usage policy. If update requests for a particular website surpass 3 hours of development time in a year, Conor Bradley – Digital Agency reserves the right to refuse these updates.
IMPORTANT: Please provide text content in formats such as Apple Pages, Microsoft Word, PDF, or directly via email. The titles of the pages in your provided document should correspond with the titles of the planned pages on your website. If you’re unsure about this, feel free to reach out for further explanation.
If your project involves a CMS (Content Management System) website, we will equip you with the necessary system, enabling you to update your content independently.
Payment
Conor Bradley – Digital Agency will issue invoices upon project completion, but prior to making the website live. Typically, invoices are sent through email, but clients can opt for a physical copy if preferred. Payments are expected upon receiving the invoice. If a payment remains outstanding for thirty (30) days post-invoice date, a service charge will be applied, which will be twenty percent (20%) of the outstanding amount.
Additional Expenses
The client commits to compensating Conor Bradley – Digital Agency for any supplementary costs incurred during the project’s execution. Such costs might include acquiring unique fonts, stock images, plugins, and other related materials. Payment for these additional resources is expected before their procurement.
Default
If a client’s account remains unpaid for thirty (30) days beyond the invoice date, it will be deemed as delinquent. In cases where the defaulting client has data or files hosted by Conor Bradley – Digital Agency, the agency may opt to delete all related content from their servers.
Conor Bradley – Digital Agency will not be held accountable for any data loss resulting from this action. However, the removal of such content doesn’t absolve the client from their responsibility to settle any outstanding fees linked to their account.
Clients whose accounts are in arrears agree to cover any reasonable costs Conor Bradley – Digital Agency might incur in the process of recovering the dues. This includes legal expenses and fees associated with third-party collection agencies, as necessary, to ensure compliance with these Terms and Conditions.
Termination
If a client wishes to end services, they must formally communicate their intention through a written letter or email. Termination will only take effect once this written notice is received by Conor Bradley – Digital Agency. Requests made via phone will not be considered valid unless they are later confirmed in written form. Upon receiving the notice, the client will be billed for any design work that has been completed up to the cancellation date. The client is then obligated to clear this invoice in its entirety within a thirty (30) day period.
Web Browsers
Conor Bradley – Digital Agency strives to design websites that are compatible with the most widely used browsers, such as Firefox, Microsoft Edge, and Google Chrome. However, the client acknowledges that the agency cannot guarantee flawless performance across every browser and operating system combination.
Conor Bradley – Digital Agency is not responsible for any display issues that may arise in outdated or newly released browser versions after the website has been finalized and handed over to the client. If adjustments are needed to ensure compatibility with newer browser versions, Conor Bradley – Digital Agency holds the right to provide a separate quote for the additional work required.
Indemnity, Copyright & Media
All services provided by Conor Bradley – Digital Agency must only be used for lawful activities. By using our services, you commit to defending, indemnifying, and absolving Conor Bradley – Digital Agency from any claims or damages arising from your actions that negatively affect you or any third party.
Copyright
The Client holds the copyright for any data, files, and logos they provide and gives Conor Bradley – Digital Agency permission to use and display this material. It is the Client’s responsibility to secure rights for any copyrighted content from third parties. If the Client fails to obtain these rights, they are liable for any claims that may arise. When entering into an agreement with Conor Bradley – Digital Agency, the Client assures that they have all the necessary permissions. Conor Bradley – Digital Agency may request proof of these permissions at any time.
Standard Media Delivery
The agreement, as detailed in the project quotation, expects the Client to supply text in electronic form, either through USB, email, or FTP. Photos and graphics should be provided in formats like .gif, .jpeg, .png, or .tiff. While Conor Bradley – Digital Agency will make all reasonable efforts to return any images or printed materials given by the Client for the website’s creation, the return of these materials is not guaranteed.
Design Credit
Conor Bradley – Digital Agency will include a subtle link or small graphic at the footer of the Client’s website as a design credit. Should the Client wish to remove this credit, a fee will be incurred: 20% of the total development costs or a fixed fee of £100 if the total costs are below £500. Additionally, the Client acknowledges that their website might be featured in Conor Bradley – Digital Agency’s showcase or portfolio.
Client’s Responsibility for Website Content and Images
The Client recognizes their exclusive accountability for all content, imagery, and media on their website, crafted by Conor Bradley – Digital Agency. While the Agency may provide stock images, it endeavors to source these from credible free-use image platforms, ensuring they are copyright-compliant.
However, the Client understands that Conor Bradley – Digital Agency cannot guarantee the copyright status of these images, and all legal responsibilities regarding their use fall on the Client. Should there be concerns about image copyrights, the Client commits to supplying replacements before the website’s official release.
When using Conor Bradley – Digital Agency’s services, the Client agrees to protect the Agency against any claims, losses, or costs (including legal fees) tied to the website’s content or imagery.
The Client confirms they have secured all essential permissions for any content they supply to the Agency. If Conor Bradley – Digital Agency identifies potential copyright breaches, they hold the right to halt or refuse website deployment.
By engaging in the Agency’s services, the Client confirms they understand and accept the stated terms.
Access Requirements
For installation of the Client’s website on an external server, Conor Bradley – Digital Agency requires temporary FTP access to the Client’s storage directories for read/write permissions. Depending on the project’s requirements, additional server configurations may be necessary.
Domain Names
Conor Bradley – Digital Agency is able to acquire domain names for the Client. The onus of payment and renewal for these domain names lies with Conor Bradley – Digital Agency. Any loss or cancellation of a domain due to the Client’s delay or non-payment is not the responsibility of Conor Bradley – Digital Agency. Clients are advised to maintain a record of payment deadlines to ensure timely settlements.
Post-Placement Alterations
Conor Bradley – Digital Agency is not liable for any changes made to the Client’s pages by third parties after installation. This encompasses any additions, modifications, or deletions made by others.
Liability
Conor Bradley – Digital Agency, along with its employees and agents, is not liable for:
- Damages or losses stemming from inaccuracies;
- Damages or losses due to omissions;
- Damages or losses because of delays or errors in the website’s production, irrespective of the cause;
- Loss or damage to client-supplied materials like artwork or photos for the website, regardless of whether the cause is negligence or other reasons.
Conor Bradley – Digital Agency’s total responsibility to the Client, concerning any claim or breach of this Agreement, regardless of whether it results from negligence, is restricted to the fees the Client has paid for the Services related to the specific breach under this Agreement.
This Agreement shall be governed by English Law.
