Terms & Conditions
General Terms
CONFIDENTIALITY – The Contractor agrees not to misuse or disclose any confidential information that may be made available by the Client.
INDEPENDENT CONTRACTOR – The Contractor will use its own equipment, tools, and material to do the work. The Contractor has the unfettered and unlimited right, at its absolute discretion, to send a substitute or delegate to perform the works or to hire assistance to complete the works. The agreement of the Company is not required in any circumstances, nor does notice of sending a substitute or delegate or hired assistance need to be given to the Company. In the event that the Contractor sends a substitute or delegate or hire assistance, the Contractor will be solely responsible for the payment and control of the substitute or delegate or hired assistance and the Company will have no legal, contractual or financial relationship with such substitute or delegate or hired assistance.
ARTWORK APPROVAL, ERRORS, AND OMISSIONS– The Contractor will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, the Client’s responsibility is to check all artwork carefully before final sign off and publishing. As a result, the Contractor is not liable for loss, expense, or damage caused by any act or omission.
NATURE OF COPY – The Client agrees to exercise due diligence in its direction to the Contractor regarding the preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright, and patent infringement clearances. The Client is also responsible for arranging any necessary legal clearance of materials the Contractor prepares. The Contractor will not be held liable for any legal infringements resulting from artwork being distributed or published under The Client’s direction.
LIABILITY – The Contractor makes every effort to maintain the highest possible work standards. Can it not accept responsibility for any loss, expense, or liability of any kind incurred whilst preparing work for the Client in a freelance capacity. To the extent permitted by law, the Contractor shall not be liable to the Client or any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions, or suits suffered, sustained, or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data, or otherwise, even if expressly advised of the possibility of such damages.
Website Project Terms
CLIENT PROJECTS – The Client hires the Contractor to complete a project, a task, or set of tasks with relation to the Client’s digital product (e.g. website, web application, mobile application). All reasonable care will be taken to ensure work is completed to the highest achievable standard; however the Contractor will not be held liable for loss, expense, or damage caused by any or omission that occurs throughout the duration of the project.
SCHEDULE – The Contractor will provide a schedule or tentative project/task timeline, will continue until the work is completed. The work will be carried out by the Contractor during the normal business hours of 9:00 am – 5:00 pm according to terms.
PAYMENT – Payment terms for projects will be as follows: Weekly payment for development services.
APPROVALS – The Client will receive an approval window of 2 business days for any work product presented. Work product is considered approved if no response is received within this window. In the event the client becomes unresponsive or does not respond in a timely manner the Contractor reserves the right to progress the project as they see fit in order to deliver the project within the agreed timescales. This can include progressing the project phases in accordance with the start of those phases.
DELAYS – If the Client delays a development project by 30 days or more, the project will be put on hold and a project restart fee of £2,500 will be charged to resume the project. If the project time extends outside of the allocated timescale due the Client’s lack of or delayed action, correspondence, or the Client missing a deadline, the Client will be charged (at a rate of £300 per day) for each day the project exceeds the completion date.
OWNERSHIP – As part of any projects or jobs taken on, the Contractor is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Contractor works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Contractor hereby assigns to the Client this work product once the Client pays for it in full. This means the Contractor is giving the Client all of its present and future right, title, and interest in and to the work product (including intellectual property rights), and the Client will be the sole owner of it.
Website Maintenance Terms
WEBSITE DEVELOPMENT GUARANTEE -The Contractor will provide maintenance and support for the Client’s website/application for 1 month following the website/application going live. As part of this support service, the Contractor agrees to respond to any incident which is the result of the malfunction, configuration error, or bug in the website/application, not including issues resulting from third-party platforms, infrastructure, or software code.
WEBSITE MAINTENANCE AND SUPPORT SERVICE (“CARE PLANS”) – The Contractor will provide a maintenance and support for the website/application(s), if requested by the Client. This maintenance will include the updating of software, website security, and regular backing up of the website/application, in addition to the resolution of any technical issues that arise. Charges for any software code licenses and add-ons will be covered as part of the care plans. The support will include the actioning of requests raised by the Client, and will be available during the normal business hours of 9:00 am -5:00 pm. As payment for this service is subscription-based and all payments will be made prior to the maintenance work being carried out. For any additional troubleshooting or issue resolution, an invoice will be provided to the Client and must be paid before the work commences.
SERVICE LEVELS – As part of this service, the SLA observed will have the following target response times and resolution times (respectively) for the severity levels: Critical: 1 hour, 4 hours; Important: 2 hours, 4 hours; Normal: 8 hours, 1 day; Minor: 1 day, 3 days. Requests and tasks raised by Priority Clients will be attended to first in all cases.