Summary
We will always do our best to fulfill your needs as set out in our first contact and meet or exceed your expectations, however, it is 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. Simply Design UK is very clear and transparent, we have no desire to trick you into agreeing to something that you might later regret. What we do want is for you to know that we offer graphic and web design at a fair price with no hidden agenda.
Basically
You are hiring Simply Design UK to design your website and/or graphic design needs, all prices are as quoted in the correspondence that has gone between us within the last 14 days.
What Do Both Parties Agree To Do?
YOU
Make sure you have the authority to enter into this contract on behalf of yourself, your company or your organisation. If it later transpires that you do not have the right to enter into this agreement on behalf of your company, then the liability will fall to you. You will provide all information, images etc. as and when needed as per the original discussion and agreement. You will review our work; provide feedback and approval in a timely manner too (any delays in getting anything needed over to us will result in a delay getting the work back to you). You also agree to stick to the payment schedule set out at the end of this contract.
We
Will make sure to create the work as detailed in any agreement in a timely manner, offering updates throughout the process, our abilities and experience mean we will be able to carry out all tasks agreed at the outset. We will adhere to all timescales and deadlines as agreed and will always ensure and maintain full confidentiality.
Main Information
Design
For logos, and any single- or double-page design work we will create low-resolution watermarked JPEGs. For anything 3 pages or more we will provide a low-resolution PDF. These will be provided to you as a proof for you to look at and provide feedback. Once the design has been agreed and finalised you will be provided with different file types.
For websites: we will provide you with several themes to choose from, we will then create the homepage and confirm that you are happy with the website, we will then provide continuous updates with many opportunities to review and feedback. All our websites are built using WordPress and are desktop, tablet and mobile-friendly.
Text content
Copywriting and proofreading is not something we specialise in and so is not included in any of our quotes and as such we are not responsible for the text within the site unless it is provided to us and we amend it in any way. If you need copywriting and proofreading, we work closely with many different businesses that provide this service to whom we would be happy to introduce you.
Graphics and Photographs
All graphics and photographs can be supplied by you, any images that you require Simply Design UK to supply will be added at a cost of £5 per image. All files should be supplied in the agreed file format.
You should supply any photographs in a high-resolution digital format. If you need photographs taken for you, we can come and take the photographs for you at an agreed cost (please ask if required)
For stock images, we can provide image packs based on your needs (please ask if required).
Timescales
All time scales are agreed at the time of production and we rely on your reply with a maximum turnaround of 48 hours in order to stay within the agreed time scales. You agree to provide us with all the necessary information we require to progress the project in a reasonable timescale. Delays of more than 14 calendar days by you to provide the necessary information will constitute a breach of contract.
Browser testing
All websites may look different based on the browser being used, browser testing is all about making sure that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work on many of the current versions of major desktop browsers including Apple Safari, Google Chrome, Microsoft Edge; Mozilla Firefox.
If you need a design tested on an older browser, we can make sure that your new website is tested on said browser, please request this at the start of the project (an extra charge may be applicable)
Tablet & mobile browser testing
All of our designs are tablet and mobile friendly with flexible layouts that adapt to many different screen sizes. Testing smaller devices is essential in ensuring that a person’s experience of a design runs in line with the device they are using. We currently test our work in Apple Safari and Android Google Chrome.
We do not currently test on Blackberry or Opera Mini/Mobile or other mobile browsers unless we agreed separately. If you need us to test using a different platform, please advise at the start of the project.
Other Services
Website Hosting and Email We offer hosting and email for all websites, our hosting charges cover the hosting of the website including email and the ongoing support of ensuring your website is live and visible.
Search Engine Optimisation (SEO)
All of our websites include a plugin called Yoast and will be given basic SEO. If you want further optimisation then we can introduce you to our
SEO partner. The SEO that is carried out by Simply Design UK offers no guarantees in terms of your website’s search engine ranking, however, all the web pages that we develop are search engine friendly.
Technical Support
We make sure that our customers are happy, even after they have accepted our work, if there is something that is wrong or can be seen as a mistake then we will fix it within 14 days of the problem being highlighted.
Websites: Once the site has been completed all updates and ongoing maintenance is your responsibility except if you have taken out an ongoing support package. All information will be retained for 12 months in relation to your website.
Changes & Revisions
When we provide a quote we accept that we will need to provide some changes, revisions and maybe even completely new items, we feel it is only fair to work with you through this process, although we do not have a limit on our revisions we often find that within a maximum of three revisions we have been able to get exactly what you are looking for, in the event that we cannot agree then we reserve the right to cancel the agreement with or without a refund based on the work that has been carried out and the instruction from you, the customer.
Legal Stuff
We will carry out work, create websites and graphic design work in accordance with good industry practice and at the standard expected from a person with relevant experience. However, we cannot guarantee that our work will be without error and as such we cannot be held responsible or liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if advised as such. It is your responsibility to check proofs carefully for accuracy in all respects ranging from spelling to technical illustrations. By paying the remaining balance on your project you agree that all work is correct to your standards.
Intellectual Property Rights
“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
Firstly, you guarantee that all elements provided by you are either owned by you or that you have written permission to use them. We are not responsible and therefore accept no liability to any claim by a third party that we as Simply Design UK are using their intellectual property. You are responsible for ALL trademark, service mark, copyright, and patent infringement clearances and as such are liable for any claim from a third party.
We guarantee that all elements of our work are either owned by us or that we have obtained permission from the relevant body to provide them to you.
We will assign full intellectual property rights to you as soon as the balance of the final invoice is paid. In the case of ongoing monthly support,
the work carried out has been paid for and as such becomes your property as soon as payment is made.
Further to the above
- You will own the website or graphic design that we design for you including any visual elements that are created for it. All items provided by you are either owned by you or a third party and are in no way stored or used by Simply Design UK other than in your design/website.
- We will own all intellectual property rights that we have developed prior to or developed separately from this project unless we agree otherwise.
Links and Displaying Our Work
- As part of any agreement between Simply Design UK and you the customer we will link from your website to our website, this will be in the footer of the website. If you wish to remove the link and have us white label our offering will incur a charge as we build in the marketing value of the link into our price.
- We reserve the right with ALL of our work, to display and link to your project as part of our digital portfolio.
Payment
As a small business we want to be fair to both yourself but also to ourselves and our cashflow and so we have set terms which must be adhered to in order to not incur late fees.
Our payment terms are as follows:
- For orders below £100, full payment is due within 3 working days of the agreement being made by either BACS, bank transfer or PayPal unless agreed differently
For any order above £100, the following applies:
- We require a 50% non-refundable down-payment in order to commence the project
- The remaining 50% is due upon completion and signing off of the website but before it is released and has gone live on the internet
- Payments over £100 paid via PayPal are also subject to the fees charged by PayPal
When offering monthly services payment is required:
- One-month deposit is paid and held as payment for the last month / one months’ notice period.
- Payments are made by monthly direct debit/standing order on the same day each month.
- Although there is no minimum term, we do ask for at least one months’ notice in the event that you wish to cease working on this project.
- If a payment is missed a reminder will be sent out, if payment is not received within 7 days of the reminder then work shall be halted and a £20 admin fee / late fee will be applied to your account, payment of which will be due before work resumes.
- If payment is not received after 14 days all work will be cancelled and a final invoice will be issued unless communication between Simply Design UK and you have taken place and a period of time has been agreed to wait for payment
You shall not unreasonably withhold acceptance of or payment for the project.
If, prior to completion of your project you observe an issue or mistake, you must notify us and then allow us an agreed length of time to make the necessary alterations. Rejection of the project with the design process without just cause will result in the loss of the down payment and in addition the possible billing for all additional labour and/or expenses to date.
Should you become non-responsive and/or unreachable for a period of more than 14 days, we reserve the right in such circumstances to terminate the contract and to invoice up to the point of stopping work.
We reserve the right to charge interest on all non-payments / overdue debts after being 28 days late at the rate of 8% plus the Bank of England base rate plus an administration charge for the additional costs in chasing up the payment.
If accounts are not settled, within an acceptable timeframe we will then pass such cases to a debt collection company to pursue payment.
Where’s The Small Print?
Once an agreement is in place you cannot transfer said agreement to anyone else without our express written consent. This agreement forms a legally binding contract and need not be renewed. If during the project one part of this contract becomes invalid or unenforceable, all other remaining parts remain in place and valid.
Although we have chosen to keep these terms and conditions as simple and friendly as possible and using an easy to understand language, the intentions are serious and this agreement forms a contract becomes a legal document under exclusive jurisdiction of English and Welsh courts upon you paying the down payment.
Quotes
ALL Quotes are valid for 30 working days from date of issue, if you accept a quote after 30 days a new quote will be issued to you if different
from the original asking for your acceptance of the new price.