Web Design Agreement
Web Design and Development Agreement | Terms and Conditions
The client s engaging Pandora Web Design, as an independent contractor for the specific project of developing and/or improving a website that is installed or to be installed on the client’s web space located on an ISP’s web server.
If Pandora Web Design is not hosting the website then the client is to provide Pandora Web Design with any necessary account details or logins as well as the correct “write permissions” for the client’s web page directories which is required in order to work on the project.
Should the client choose to host the website with a 3rd party ISP it is the clients responsibility to ensure that the hosting account meets the technical requirements of the website and the client agrees to liaise with the ISP regarding all support matters, file and database backus and any ottheir issues relating to hosting and running of the website once it is completed.
The client also agrees to allow Pandora Web Design to use the website and screenshots as a reference in their advertising and marketing material.
Pandora Web Design represents and warrants to the client that they have the experience and ability to perform the services required by this contract; that they will perform said services in a professional, competent and timely manner; that they have the power to enter into and perform this contract; and that their performance of this contract shall not infringe upon or violate the rights of any third party or violate any laws. However, the client will not determine or exercise control as to general procedures or formats necessary to have these services meet the clients satisfaction.
The client represents and warrants to Pandora Web Design that it will provide the material as required in a professional, competent and timely manner; that it has the power to enter into this Agreement; and that its performance of this contract shall not infringe upon or violate the rights of any third party or violate any laws.
The website includes the number of pages and features specified in the specification and/or quotation. In case the client desires additional standard web pages beyond the original number of specified in this contract, the client agrees to pay based £35.00 per additional standard web page. There will be no reduction in cost if the client chooses to reduce the number of pages once development has commenced. Payment for additional work is due on instruction.
This contract does not include any maintenance or security updates. Web page and website maintenance will be the responsibility of the client. If a support contract is entered into between Pandora Web Design and the client, it will be contained within its own document and not connected to this contract. However, this contract does include minor modifications and corrections requested within a two-week period up to an average of 10 minutes per page, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Pandora Web Design attempts to update the client’s pages during this time, time to repair the website or pages will be assessed at the hourly rate of £45.00 per hour and is not included as part of the modification time.
5. Payments and Payment Methods.
All services agreed to in this contract shall be sold for the price specified in the quotation. Payment by bank transfer or debit/credit card via PayPal or standing order. Bank and PayPal details are shown on all invoices and statements. Payment by cheque and postal order is only acceptable by prior agreement. Only once a payment is cleared funds will it be deemed received.
Preferred payment methods are: Bank transfer, Standing Order, Cash, PayPal and debit or credit card via PayPal.
International customer: The only accepted payment method for International customers is Bank Transfer.
Payment by cheque and postal orders: Payment by cheque or postal order is only acceptable by prior agreement. If paying by cheque or postal order additional terms and conditions may apply to your project and there may be an additional administration charge of £25.00 to cover the time and inconvenience of banking your payment.
6. Payment Terms.
Unless otherwise stated the following standard terms apply to Projects/work:
I. a minimum deposit/initial payment of fifty percent (50%) of the project cost to secure booking.
II. The cost of purchasing any third party components or images is payable on instruction. Alternatively the client may purchase these independently and provide them to Pandora Web Design.
III. The balance is payable within 7 days of completing the project and cleared payment must be received before the project is handed over or goes live.
IV. Any additional work instructed once development has been commenced is payable in full on instruction
All other training, consultancy and development services:
Full payment on instruction unless ottheirwise detailed in the quotation or project proposal.
7. Additional Expenses.
With the prior written permission or acceptance of the quotation the client agrees to reimburse Pandora Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of scripts, software, special fonts, stock photography and images.
8. Additional Services.
Any revisions, additions or redesign the client wishes Pandora Web Design to perform not specified in the project quotation or specification shall be considered “additional” and will require a separate payment. Full payment is required on instruction.
9. Completion Date.
Pandora Web Design and the client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images, text and payments from the client on time. We agree to work expeditiously to complete the website in a professional and timely fashion. If however the completion of the site has been delayed due to the client not supplying data, information, text, images or payments then the balance of the project will become due 14 days after we have completed development of the website structure and pages minus any content or material not provided by the client. Pandora Web Design reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Pandora Web Design will be responsible for the final results of the project.
10. Copyright and Trademarks.
The client represents to Pandora Web Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to Pandora Web Design for inclusion in the web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements and will hold harmless, protect and defend Pandora Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
11. Limited Liability.
The client there by agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material avocation illegal activity and any infringement of privacy or libel.
The client there by agrees to indemnify and hold harmless Pandora Web Design from any claim resulting from the client’s publication of material or use of those materials. The client there by agrees to indemnify and hold harmless Pandora Web Design in any claim resulting from the submission of illegal materials. If Pandora Web Design shall acquire an Internet domain name on behalf of the client, then in such case the client there by waives any and all claims which it may have against Pandora Web Design for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by Pandora Web Design for any reason.
12. Copyright to Web Pages.
Copyright to the finished, assembled work of web pages, templates, websites, source code and instruction manuals produced by Pandora Web Design are owned by Pandora Web Design. Upon full and final payment of this contract, the client is assigned rights to use as a website, the design, graphics and text contained in the finished, assembled website. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property and copyright of their respective owners.
Re-selling, distributing or re-using any templates, source code, designs, layouts, or graphics is prohibited without the prior written permission of Pandora Web Design and/or the respective owners. The client is assigned the rights to use the template on one website only. The client may keep one backup copy for recovery purposes only.
Modification of the templates, modules or components by the client or a 3rd party does not effect these terms. This does not effect the rights of respective copyright owners
13. Authorship Credit.
Pandora Web Design will include a byline, hyperlink and/or mata tags establishing authorship credit. The client agrees not to remove, hide, have removed or have hidden this byline without prior written permission from Pandora Web Design and paying the appropriate fee which is normally equal to 20% of the project cost.
Pandora Web Design, except as directed by the client, or if required to do so by law, will not at any time during or after the term of this contract disclose any Confidential Information to any person whatsoever.
15. Cancellation and Refund Policy.
In the event that work is postponed or cancelled at the request of the client, the client will forfeit any deposit paid under this agreement Pandora Web Design shall have the right to bill pro rata for work completed to the date of that request and for any software, scripts images or ottheir items purchases for the project, while reserving all rights under this contract. If additional payment is due, this shall be payable within 7 days of the client’s notification to stop work. In the event of cancellation, the client shall also pay any expenses incurred by Pandora Web Design and Pandora Web Design shall own all rights to the work. The client shall assume responsibility for all collection of legal fees necessitated by default in payment.
16. Payment of Fees.
Invoices are due upon receipt. If payment is not received within 7 days we reserve the right to stop work until full payment of the project has been received. Pandora Web Design reserves the right to remove web pages and websites from viewing on the Internet and block email accounts until final payment is made. Pandora Web Design is not responsible for any loss of business this may cause. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
17. Updates and support Services.
18. Entire Understanding.
This contract constitutes the sole agreement between Pandora Web Design and the client regarding the Web Design and other service. It becomes effective when the client instructs Pandora Web Design to commence work. This contract shall be governed and construed in accordance with the laws of the United Kingdom. The parties agree that if any part, term or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected ttheireby.