Terms and Conditions 2016
Between BouncingSprout (“We, Our or Us”) and [customer name] (“You”)
It is not necessary for you to have signed an acceptance of these terms and conditions for them to apply. If you accept a quote, then you will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Getting down to the nitty gritty
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
HTML/CSS layout templates
If the project includes HTML mark-up and CSS templates, we will develop these using HTML5 and CSS3 for styling. The landscape of Web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our mark-up and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 10 or earlier, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at our current hourly rate for any necessary additional code and its testing.
We may have written a best-seller but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our hourly rate for copy writing or content input.
You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our hourly rate.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices within the proposal already received are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
The web hosting space will not be used as a file storage method for purposes other than serving content for your web site and in any event may not contain the following content;
- Warez’ content or content commonly known to be pirated or illegal copies of software or other works;
- MP3’s or other audio formats of copyrighted music;
- Movie downloads in any format whether complete or in part;
- Pornographic material;
- Any content that is illegal under UK or European law;
- Image hosting scripts that allow an anonymous user to upload an image for display on another website;
- Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
- File dump/mirror scripts that allow anonymous users to upload a file for others to download;
- Commercial audio streaming (more than one or two streams);
- Push button mail scripts that allow the end user to specify recipient email addresses;
- Anonymous or bulk SMS gateways;
- Backups of content from a computer or website;
- Bittorrent trackers
- Any script that causes a degradation in the performance of our server or network environment;
We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML mark-up, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
Unless otherwise agreed with the the client, all website design services require a payment of fifty (50) percent of the total fee at the point the site design receives final sign-off by you. The remaining balance is payable upon completion of the work.
Unless otherwise arranged all invoices are due for payment within 28 days. Failure to pay by the due may result in an administration fee of 10% being added to the invoice. Failure to pay by the due date my also result in the suspension of services (including web site hosting) provided by BouncingSprout.
As in compliance with the Late Payment of Commercial Debts (Interest) Act 1998 and the amended Late Payment of Commercial Debts Regulations 2002, we understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our 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 English courts.