Website Design Terms & Conditions

Summary

This document acts as the terms and conditions of agreement for a contract between Joyful Original and you our client for the website design and development of your website. At Joyful Original we will always do out utmost to fulfil your needs but it’s always best to write out a few simple things so that everyone knows what is what, what the process is and what happens if things, which rarely but can, go wrong.

In short

You, our client, are hiring Joyful Original to provide you with website design and development services for an agreed price and as per our agreed plan of work outlined in our correspondence.

Terms

“Company” is defined as us, Joyful Original
“Client” defined as you, our hosting customer

Subject to the terms and conditions of this Agreement, Joyful Original will provide website design services for our clients subject to the following terms:

Length of Service: Client agrees to an initial 12 month contractual term of service.

Service Start Date: The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.

Renewal by Client: This Agreement will automatically renew for successive twelve (12) month Terms unless cancelled in writing by you, our client, at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.

 

The Legal stuff

Web design is a complicated process and we can’t guarantee that the functions contained within any web page on our clients websites will always be error-free, hence we can’t be liable to you or any third parties for damages, including lost profits, savings or any other consequential or special damages arising out of inability to operate your website or any other web pages, even if you have advised us of the possibilities of such damages. We carry out our work in accordance with best industry practices and our work is conducted by people who are suitably qualified with relevant experience. We always ensure our work is completed to the highest possible standard.

These Terms of Engagement, together with the Proposal and Requirements documents, constitute the entire agreement between Joyful Original and the Client in relation to the services being provided, and supersede all earlier communications. Each party acknowledges that it has not relied on any commitment, representation or warranty in entering into the Contract, other than those expressly set out in the Contract. No amendment or other variation to these Terms of Engagement by the Client will be effective unless agreed by both parties in writing.

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.

 

Details of the work we produce

We create designs for the layout, functionality, look and feel of your project.

HTML/CSS layout templates

If your project includes any custom HTML or CSS mark-up, we will develop these using the latest valid HTML5 mark-up and CSS3 styling. We will test our websites in all of the major browsers including Chrome, Safari, Firefox and Opera and we will also text all devices like smart phones and tablets. We will not test our websites in any form of Internet Explorer as this browser is now unsupported.

Text content

Unless agreed in writing, we are not responsible for any of the text copy on the website. If you need help, we are to help at cost.

Photography and video content

Unless Joyful Original are contracted to provide images and video content for usage on your website you, the client, will supply images and video content that you will keep the rights too. If you wish to buy stock photography, we can recommend vendors for this.

 

Changes and revisions

Very simply, from experience, we now that fixed-priced contracts are rarely practical, as they will often limit you to your first idea about how your website should look or work. For this reason we don’t want to limit your opportunity to make changes to your website.

The estimate/quotation prices provided are based on the number of hours and days we estimate it will take to achieve everything that you want. We will provide a scope of what is to be delivered in a requirements document. This will cover content, design, structure and functionality that will go into your website and will state exactly what you will receive. Once you have approved the design of your website and it has been built, if you wish to make changes you can do so and these will be charged at an hourly rate At all points we ask you to put in writing the changes you want us to make. If any changes are requested after an agreement has been made, fees will be agreed with you and added or subtracted from your final invoice.

Throughout the development process, Joyful Original will provide you, the client, with opportunities to review the content and appearance of the website as well as viewing the website once development has been completed.

 

Technical Requirements

If your website is to be hosted with Joyful Original, we will develop your website on our own servers. If your website is not hosted with Joyful Original, we will need access to your hosting service throughout the development process.

We will also need access to your existing website via FTP and your CMS admin area too.

 

SEO (Search Engine Optimisation)

We can’t guarantee improvements to your website’s search engine ranking but the websites we create are fully accessible to search engines for indexing, unless you otherwise request they are not. We offer SEO services to our clients, which are invoiced at an hourly rate. Our SEO work is only invoiced once we have achieved the agreed results after a period of 1 month. A monthly maintenance rate is necessary for our ongoing SEO support.

We will offer technical support using the project as you require and you’re welcome to ask us questions along the way. If you have your own hosting and SEO solutions, great, but if you want us to provide hosting and SEO solutions we can do so.

If you wish for us to install your website on a server not hosted with Joyful Original an admin would be required for setup. Depending on how much setup is required, fees could vary but these would be agreed in advance. Any technical support required if hosting with Joyful Original will be included in the price of your hosting package.

 

Copyrights

You, the Client, must guarantee that any photos, designs, trademarks, graphic, fonts or any other artwork that you provide is either owned by your company or you have permission to use them. When we receive final payment, copyright is assigned automatically as follows:

You will own any elements that we provide on your website, whether they be graphics or any other visual elements. At Joyful Original, we keep copies of all the elements on your website for a period of six months from the completion of your project. We however are not required to keep these elements so we recommend you take copies of everything we provide and back them up.

Joyful Original will own all the coding on your website; the XHTML mark-up, CSS, JavaScript and other only code. We license you to use the code for just your project. We really love showing off the work we do so we reserve the right to display your website on both our website and portfolio platforms including, but not exclusively, books, magazines, Facebook, Instagram, Behance and other platforms. A link to our website is shown at the bottom of every website we create. If you wish to receive this you can at a nominal charge of 10% of the total development of the website.

 

Terms of Payment

Terms of payment are in advance unless agreed otherwise. Payments should be made within 14 days of the due date and if not adhered to Joyful Original reserves the right to withdraw any services. As a business yourself, you will appreciate how important it is to pay suppliers as well as be paid by customers, we are no different. In the event we miss the deadline, we will delay issue the final invoice until the work has been completed. In the event of Clients delaying the project, ie delays signing off the project, providing information, not responding to emails etc, we reserve the right to invoice final payment once we have deemed the project complete.

In the event of payment not being received within 14 days of an invoice date, a written email reminder will be issued. Should payment still not be made, a further reminder will be issued stating a failure to pay may result in suspension or discontinuation of services. If payment still isn’t received we reserve the right to a) suspend services and b) initiate debt recovery action. We will often phone to give a final 24 hours notice but this is subject to previous payment history and reliability. If we reach this stage and payment is made, we reserve the right to charge an admin fee for time incurred.

You, the Client, agree to reimburse Joyful Original for any additional expenses required for the completion of this project, including the purchase of stock photography, special fonts and graphics etc, but we will obtain permission from the Client before incurring extra costs. 

Website Support

Where a client has not subscribed to a maintenance package, Joyful Original can offer support to our Clients at an hourly rate. In the event Joyful Original host your website, automatic backups of your website are made but any support incurred through fault of the Client will be charged at actual cost.

Full information about website maintenance and support can be found here:
Website Maintenance

Email Hosting and Support

We highly recommend, from experience, using an email service like Google G-Suite or Office365 (especially the former). We can provide email boxes within your hosting package but these are inherited from your hosting server. If the event you change hosting, it cannot be guaranteed that your emails will be protected. We do not offer support for the setup, maintenance or recovery of emails that are hosted on our servers. G-Suite is relatively inexpensive but is very reliable and comes with extremely useful tools like Google Docs and of course G-Mail.

 

Censorship

Joyful Original have no control over the content of information passing through your website or email.

 

Warranties

Joyful Original makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Joyful Original also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Joyful Original is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Joyful original does not represent guarantees of speed or availability of end-to-end connections. Joyful Original expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Joyful Original specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

 

Trademarks and Copyrighted Material

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

 

Termination

Joyful Original may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Joyful Original of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Joyful Original and Client.

 

Disputes

If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.

 

Indemnification

Client shall indemnify and hold Joyful Original harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Joyful Original directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorised representation of the product and services or any breach of this agreement by Client.

 

General

If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of Scotland, United Kingdom. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.