Terms and Conditions

By working with me (Emma Paul), you agree to and are bound by the following terms and conditions.

 

What do both parties agree to do?

You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You agree to provide me with everything I need to complete the project including text, images and other information as and when I need it, in the format I have asked for.  You will review my work, and provide feedback/approvals in a timely manner. Deadlines work two ways and you will also be bound by the approval and review dates we set together. Delays in approvals will likely result in delay of delivery.

I have the experience and ability to perform the services you require and will carry them out in a professional and timely manner. Along the way, I will endeavor to meet all the deadlines set but can’t be responsible for a missed launch date or deadline if you have been late in supplying materials and/or approvals at any stage. Along the way, I may ask for approvals/requests in writing so I can keep track of changes. Your assistance is appreciated.

I will maintain the confidentiality of any information that is given to me.

Design Concept & Revisions

I will create a design for the look, feel, layout and functionality of your website based on the responses I receive to your Creative Brief, and our combined project ideas.

This project includes one website home page design concept.  I want you to be really happy with your new website, and provide the opportunity for you to give feedback and make up to four rounds of revision requests to the concept. If you are not happy with the design concept once 4 rounds of revisions are exhausted, you can

a)     Request that I continue to produce further design concepts / action your feedback. These revisions will be charged at my hourly rate (see Payment Schedule below)

b)     Pay me in full for all the work I have produced until that point, and you may cancel the contract.

Once the home page concept has been approved, I will create a standard page template for your website based heavily on the styling/theme of the approved home page.

 

Text & website content

I am not responsible for writing any text copy for your website, and agree to input into your website any text copy you supply in the first instance, and will action up to 2 rounds of requests for text copy changes. Revisions beyond this are point are not a problem, however will be charged at my set hourly rate (see Payment Schedule).

Please keep in mind that once your website is live, you will have the ability to change text, content, images and photo within your website at your end via the online Content Management System.

Scope Creep

I reserve the right to adjust the project fee/rate should the scope of the project change, or the amount of work required at my end is increased significantly by the request of additional requirements. I will not begin to charge you additional fees without addressing it with you first.

Photographs and images

You should supply graphic files in an editable, vector digital format. Photographs should be supplied in a high-resolution digital format (at least 300dpi). If you choose to buy stock photographs, I am able to suggest stock libraries, however the purchase cost of these images is your responsibility.

Browser Compatibility

I will test all HTML, Markup and CSS in current versions of all major web browsers including those made by Apple, Microsoft, Mozilla and Google. I will not test the website in old or abandoned browsers, for example Microsoft Internet Explorer 8 or below for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox.

If you do require the website to display the same or similar visually on older browsers, that isn’t a problem, however any additional coding and testing will be charged at my hourly rate set out in the below Payment Schedule..

Because all web browsers are different, there may be some variation in the way your website renders version-to-version, and browser-to-browser. I will do my best to make your websites display as similarly as possible in current major browser, however all web browser are built differently and there may be some variations in the way your final project displays/renders.

Technical Support

On completion of your project, I will provide support for any issues that arise for 30 days from launch date. During this 30 day guarantee period, I will be happy to implement updates / fixes where there is an issue with the project functionality.

Website maintenance however is your responsibility once the project is live. Ongoing maintenance of your website and its content is available at an additional cost – please see Pricing Schedule below.

I do not offer website hosting as part of my service, and therefore do not offer support for website hosting, email or other services relating to hosting. If you don’t have a hosting plan, I can recommend a provider, but ultimately, this will be purchased and owned at your end. Updates and management of you website and web server will be your responsibility. I can a service to help management your hosting set up, however it will be at an additional cost.

Security

I will be harmless should breach of security occur at any time. If your website is compromised and you require my assistance to get it back online, diagnose and/or correct the problem, this service will be available at an hourly rate. In some cases, it may be determined that I cannot correct the issue or it may fall outside of my area of expertise. Net Registry have provided some Website Hardening and  Website Security FAQ’s FYI.

Web Hosting Services

I do not provide a web or email hosting service, however tend to recommend Bluehost as a hosting provider. Neither I nor Blue host guarantee up-time of your website, and cannot be held responsible if/when their hosting or email service is down for scheduled or unscheduled maintenance. Web Hosting is ultimately your decision and responsibility.

Continuing Website Maintenance

Once your website is complete, website maintenance becomes your responsibility. This includes keeping wordpress,  any wordpress plugins, and passwords up to date. I cannot be held responsible for any errors that occur as a result of changes or amendments made by anyone other than myself. If you require continuing web site maintenance or support (e.g. edits, changes, additions, removal or changes of products or graphics) this is available for an additional fee, or on a monthly retainer.

Content Storage

You are responsible for maintaining and backing up your website content, database, CMS and plugins. At request, I can suggest an online tool for making automatic backups possible, however I cannot be held responsible for lost / corrupt data in any case, or the failure of scheduled tasks using any recommended tools. I can also perform CMS and plugins updates on request, this will be changed at the my set hourly rate (see pricing schedule).

Copyrights

You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that have you permission to use them. I am not responsible for any legal issues that may arise as a result of your images or content infringing on someone else’s intellectual property rights.

Once I receive your final payment, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that I have created for you, for this project. These files will be visible on your website, and available on your web server. Please store them safely as I am not required to keep backups of your imagery or provide any native source files used in making them.
  • You also own text, content, photographs and other data you provided, unless someone else owns them.
  • I own the XHTML markup, CSS and other code, and license it to you for use on this project.
    • I love to showcase work that I’m proud of. I reserve the right, with your permission, to display and link to your website or project as part of my portfolio and to write about it on websites, blogs or magazine articles. I will also include a link to my website in the footer of your project. Please let me know if you prefer I not do this.

SEO

I will do my best to ensure your website is built in a manner that is as search engine friendly as possible. I am happy to follow any SEO instruction you provide, however I cannot be held responsible for poor rankings on any search engine or lack of income through pay per click advertising.

Legal stuff

I cannot guarantee that my work will always be error-free and therefore cannot 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 me of the possibilities of such damages. I also cannot be held responsible for issues or errors that arise as a result of changes/additions made to the website or database by someone other than me.  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.

Payment Schedule

Payment must be received within the time frame specified on your invoice. I appreciate your prompt payment per the time frame listed on your invoice.

I reserve the right to update and change these Terms and Conditions from time to time without notice.

 

#emmapaulfreelancedesigner

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