Updated 08/12/16 2016.
We will always do our best to fulfill 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.
So in short, you are hiring us Pixel Patch Ltd located at Rift House, 200 Eureka Park Upper Pemberton, Kennington, Ashford, Kent, England, TN25 4AZ to design and develop a web site as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
WHAT 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 organisation. 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. 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 endeavor 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 agreed rate.
If the project includes XHTML or HTML markup and CSS, we will develop these using valid XHTML 1.0 Strict markup/HTML5 and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 8 for Windows as this browser is now past it’s sell-by date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, 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 the daily rate set out in our original estimate for any necessary additional code and its testing.
SEARCH ENGINE OPTIMISATION
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances.
All our work is hosted on a UK based server, we endeavour to have an uptime of 99.9%. Where there are planned maintenance on services we will notify you prior to the event and keep you informed of the timescale the service will be office. This is more than likely done outside of normal office hours. On the occasions when there are unplanned maintenance and the service goes down we will endeavour to get this back up and running as soon as possible and will keep you fully informed.
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 XHTML/HTML markup, CSS and other code and we license it to you for use on only this project.
The fine print
We’re 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.
30% upfront to cover the design phase (non-refundable)
50% once design has been approved and before we moved to development – if development has begun, no refund will be issued
20% after development has been completed and ready to go live
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.
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 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 agree to purchase a licence and the details of the licence will be agreed in writing before commencing.
All Lite websites are supplied with a fair usage policy. Lite websites should not exceed 750MB of data or this may incur further charges.
For the set up costs of our Lite packages you will be invoiced 100% upfront which is non-refundable should the build already be underway.
It is your responsibility to add the imagery and content to the website.
All our Lite packages come with a licence fee paid on a monthly basis. The licence fee will automatically be taken each month, in advance. Each payment covers the calendar month.
In the event of suspension of service due to non-payment you agree to pay an administration fee of £120 plus VAT to restore the services.
The minimum term of the licence is 12 months and runs on a monthly basis, for example, 5th April to 4th of May and then 5th May to 4th June until the end of the agreement. We will contact you 1 calendar month before your licence ends in order for you to renew the licence.
When purchasing a licence you do not own the website. However at our discretion if requested before the end of the termination we may provide you with the site files. An admin fee of £120 plus VAT may be applied.
Domain names are registered for a minimum term of 12 months and is owned by you. We do automatically renew the domain unless a cancellation request has been given. If you request a domain transfer we reserve the right to charge an admin fee of £20 + VAT, If a cancellation request has been placed and you do not provide a new registrar 72 hours before the cancellation date we do not take responsibility of the domain expiring and cannot be held responsible for any loss of business due to the domain expiring.
Domain names included are .co.uk – for all other domain names a separate charge will be applied and will depend what domain is chosen.
In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 You have the right to cancel within a period of 14 days from placing Your order, provided (a) We have not commenced production of Your Website and (b) our Agents have not obtained or created material for use in the production of Your Website. In either case (a) or (b) the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
We provide the website in good faith that all details are present and correct. It is your responsibility to to inform us of any errors on the website which will be amended within 48 business hours.
We reserve the right to restrict or modify the website, without notice if we believe the website is in breach of legislation and we will incur no liability in relation to this action.
You may not use your emails for sending unsolicited or bulk emails. We reserve the right to suspend your account if we are informed of such activity. We will seek legal remedy if this affect our ability to provide services to other clients.
Our terms may change from time to time and with or without notice. Any changes made to the terms will come into effective one calendar month after making the amendments. You agree to review our terms monthly and continuing to use our services after these changes indicate your acceptance to the new terms. If you do not agree to the terms you may cancel the agreement in writing before the new terms come into effect.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts. Oh and don’t forget those men with big dogs.
This agreement is between Pixel Patch Ltd and you, the Client.
Client is contracting Pixel Patch Ltd as a provider of web site maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly rate of £60, and will not be considered part of this contract. The minimum charge for maintenance is £50, any additional work that is included in this agreement will be charged at £50/per hour. All prices are subject to VAT.
What IS included in this agreement:
1. Edit, revise, update or create new textual/minor graphical content.
2. Consultation, and guidance on the use of the web site.
3. On-page SEO such as Meta tags (title, description, keywords), alt tag, h1, h2, h3.
4. Regular monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
5. Protection against hackers from gaining access to your site.
6. Regular and thorough backups of your site so that it may be fully restored in case of loss.
7. We’re here should you need us for consultation and advice.
8. Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
WHAT IS NOT INCLUDED IN THIS AGREEMENT:
1. Web site redesign, re-alignment or re-development equaling more than 50% change to web page, web site, web graphics on the website (i.e. 4 graphics on website, and you want 3 changed, there is a charge for anything above 2, meaning 50%)
2. CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.
Pixel Patch Ltd shall provide Client with minor updates to the web site for an indefinite period within this contract. The contract will be paid on a Monthly Basis with the 1st payment due as soon as initial work is complete and each payment due around the date of initial payment of each month. The contract is on a use it or lose it basis, therefore please ensure that you use the time allocated as this will not be rolled over into the following both.
During the duration of this contract, the Client agrees that Pixel Patch Ltd will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than Pixel Patch Ltd makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor updates should not exceed more than 50% of the content on any single site page, THE PERCENTAGE TO BE DETERMINED BY Patch Patch Ltd
The contract starts at the date of the first invoice and will run on a calendar month eg. 1st – 31st.
Cancellation is acceptable at anytime with one months prior notice.
DEADLINES & DELIVERABLES:
Pixel Patch Ltd will respond to all maintenance requests from Client within 24 business hours on weekdays, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 17:00 GMT may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.
Pixel Patch Ltd will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Pixel Patch Ltd has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.
Any revisions, additions or redesign Client requests Pixel Patch Ltd to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Pixel Patch Ltd shall advise Client on any requested work that falls within these bounds.
Client hereby authorises Pixel Patch Ltd to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom applicable therein.