Website Design - Terms and Conditions

By placing an order with Keimos Designs, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client: [ Customer ].
Keimos Designs: Website Developer and Designer.

Summary:

I will always do the best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.

So in short we agree that;

You [ Customer ] located at [ Customers Address ] are hiring me as Keimos Designs located at 1 Eden Hall, Fernbrook Road, Penmaenmawr, Conwy, LL34 6DE to design and develop a web site for the estimated total price of  [ The estimate ] as outlined in our previous discussions or correspondence.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me everything I need to complete the project as and when and in the format I need it. You’ll review the work; provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: I have the experience and ability to do everything we have agreed with you and I will do it all in a professional and timely manner. I will endeavor to meet every deadline that’s set and on top of that I will maintain the confidentiality of everything you provide.

Our agreement includes;

The Design

I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use a content management system that creates web pages that are predominantly HTML with CSS styling so I won’t waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.).
You’ll have plenty of opportunities to review the work and provide feedback. I will share our working test site with you and have regular, possibly daily contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Text content

Keimos Designs not responsible for writing or inputting any text copy apart from the initial pages that will reflect your current marketing materials. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs/Images/Video

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.

HTML, CSS and JavaScript

We deliver web page types developed from HTML5 mark-up, CSS2.1 + 3 style sheets for styling and unobtrusive scripts for interactive features and behaviors’.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Desktop browser testing

I test our work in current versions of major desktop browsers including those made by Google (Chrome), Microsoft (Internet Explorer) and Mozilla Firefox as these are the most commonly used. I will implement a single column design for older versions of Internet Explorer and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
Google Chrome Android 4.x: Google Chrome and Firefox

Search Engine Optimization

Keimos Designs 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.

Technical support

Keimos Designs not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Changes and revisions

Keimos Designs know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate I will need to accomplish everything you’ve told me you want to achieve, but Keimos Designs is happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I will provide a separate estimate for that.

Legal stuff

Keimos Designs can’t guarantee that our work will 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, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.
Then, when the final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.

Payments

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.
Keimos Designs operates a three stage invoicing / payment process.
Before we start work, a 50% deposit of the total sum due is payable (the deposit) plus any additional costs as agreed. When the websites design is approved by you, a further 25% is due (design payment). The final 25% is payable when the website is complete and the website is uploaded to your hosting company and approved by you as working (final payment) your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after Keimos Designs has committed resource or completed research and/or design work on the customers’ behalf.
Keimos Designs will add a 1.9% service charge payment on any payments received using a PayPal. If this is not acceptable to the customer, Keimos Designs also accept BACS and Cheque as an alternative payment method.

Security and Confidentiality

The Customer must immediately inform Keimos Designs of any changes to the Customer's details, which the Customer supplied when completing the Schedule.
The Customer must not submit a Domain Name or URL that infringes the copyrights of any person in an equivalent trademark or name.
The Customer shall keep in confidence any information of a confidential nature relating to the Service obtained from Keimos Designs under this Contract and must not make known such information to any other person without Keimos Designs’ prior written consent.

Liability

Keimos Designs duty in performing any obligation under the Contract is only to exercise the reasonable skill and care of a competent web design service.
Keimos Designs is not liable to the Customer for the acts or omissions of ISP's or for faults in or failures of their equipment.
Keimos Designs is not liable to the Customer for omissions or exclusion of the website into any search engine or directory. Nor will it accept liability for the position or location to which that search engine or directory places the site in, and that the customer will accept any conditions as stipulated by each search engine / directory.

Indemnity

The Customer must indemnify Keimos Designs against any claims or legal proceedings that anyone (other than the Customer) threatens or makes against Keimos Designs, because of the way the Service is used.
Keimos Designs is not liable for any infringement of any Third Party Information not owned or generated by the Customer published on a web site established by Keimos Designs on the Internet or in any other media.
All RocketTheme Joomla Extensions (Templates, Modules, Components, Plugins, etc.) are released under the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). For Joomla templates specifically, the PHP code portions are distributed under the GPL version 2.0 license. If not otherwise stated, all images, cascading style sheets, and included JavaScript are NOT GPL, and are released under the RocketTheme Proprietary Use License v1.3 (See below) unless specifically authorized by RocketTheme. Elements of the template released under this proprietary license may not be redistributed or repackaged for use other than those allowed by the Terms of Service of the club. Please review the Terms of Service for further information on these usages.
Keimos Designs cannot and will not be held responsible for any lack of interest generated by the website. It is up to the Customer to use methods other than search engine submission by Keimos Designs to promote the website

But where’s all the horrible small print?

Just like a parking ticket, you can’t 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 and Welsh courts.

Acceptance of the above terms on this Day:

Signed by Keith Duncan on behalf of Keimos Designs

Signed by and on behalf of [ Customer ] – Please print your name and position and sign underneath.

By Signatory for the customer: