Terms and Conditions

The following Terms and Conditions apply to all website development / and design service provided by “Web design by Lucy Webster” to the client.

–Acceptance

It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote and pays a deposit, then the client will be deemed to have satisfied themselves as to the terms and conditions, applying and have fully accepted them.
Please read all terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted the outlined terms and conditions.

–Charges
Charges for the services to be provided by “Web Design By Lucy Webster” are defined in the quotation (written, verbal or emailed) quotations are valid for a period of 30 days only and Web Design by Lucy Webster reserve the right to alter or decline, to provide a quotation after expiry after 30 days.
Unless otherwise stated with the client, all web design services require a non-refundable advanced payment or deposit of 33% OR 50% to be determined by the director. No work shall be carried out until a deposit has been successfully received. The remaining balance will be requested upon completion of the project. please see payment section.
Any cheques should be made payable to “Web Design by Lucy Webster”.
Should a client decide to terminate the contract before the work has been completed, without due cause, then they are liable to pay either: the full amount due, or the amount due for the cost of the time Web Design By Lucy Webster has spent on the project.

–Payment
Invoices will be provided by “Web Design by Lucy Webster” upon completion or the date which it is set live.

Invoices are normally sent via email however the client has the right to receive hard copy invoice also. Invoices are due upon receipt. Accounts that remain unpaid after 7 days, will be suspended until receipt of payment. If accounts remain unpaid for 14 days after the date of invoice, and a service charge of £30 per week will be added to the total payable bill.

–Additional Expenses
Client must agree to pay upfront for any additional expenses necessary for completion of work. Examples of this would be purchases of special fonts, plugins, stock photography or images etc. For more information please contact us.

–Client Review
“Web Design by Lucy Webster” will provide the client with opportunities to review the appearance and content of the website, during the design phase, the development phase and upon completion. At the completion of the project such content and appearance will be deemed to be accepted and approved unless the client notifies “Web Design by Lucy Webster” within 7 working days of the accepted date.

-Turnaround Time and Content Control
“Web Design By Lucy Webster” will create the clients website to the desired specification by the agreed date in the proposal, (written, verbal or emailed) providing the agreed deposit is received. Unless a delay is specifically requested by the client and agreed by “Web Design by Lucy Webster”.
In return the client agrees to delegate a certain individual as primary contact to aid with progressing with the project in a satisfactory and expedient manner.
During the project “Web Design by Lucy Webster” will require the client to provide website content I.e. – text, images, movies, sound and files, also colour schemes and a logo when required. Failure to do so will result in a delayed timescale of clients project.

-Failure To Provide Required Website Content
“Web Design by Lucy Webster” is a small business, to remain efficient we must ensure that work we have scheduled is carried out on time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
With this in mind, we ask that all content and materials is provided. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame and we are delayed as a result, we reserve the right to impose a surcharge of up to 10%.
If your project involves SEO (search engine optimisation) we need the text content for your site in advance so that SEO can be planned and completed successfully.
If you agree to provide us with the required information and subsequently fail to do so within 7 working days of project commencement, we reserve the right to close the project and the remaining balance becomes payable immediately; therefore do not give us the “go ahead” to start unless you are ready to do so.

Note: Text content should be delivered as a Microsoft Word document, written in an email or notepad with the pages in the supplied document representing the content of the relevant pages on your website, these pages should have the same titles as the agreed website pages, please contact us if you need any clarification.
Once the website has been signed off, you will be able to keep your content up to date using the cms (content management system) provided.

-Web Browsers
“Web Design by Lucy Webster” makes every effort to insure websites are designed to be viewed by the majority of browsers. Websites are designed to work with most popular and current browsers e.g. Firefox/IE9/Chrome/Safari etc. Clients must agree that “Web Design by Lucy Webster” cannot guarantee 100% correct functionality with all browser software and across different operating systems.
“Web Design by Lucy Webster” Cannot accept responsibility for web pages that don’t display correctly on release of a new browser version, after the website has been designed and handed over to the client. As such “Web Design by Lucy Webster” reserves the right to quote for any work involved in changing the website design or code for it to work with updated browser software.

–Copyrighting
The client retains the copyright to data, files and graphic logos etc provided by themselves, and grants “Web Design by Lucy Webster” the rights to publish and use such material. The clients must obtain permission and rights to use any information or files that are copyrighted by third parties. The client is further responsible for granting “Web Design by Lucy Webster” permission and rights for use of the same and agrees to Indemnify and hold harmless “Web Design by Lucy Webster” from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to “Web Design by Lucy Webster” that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

-Standard Media Delivery
Unless Otherwise specified in the project quotation, this agreements assumes that any text will be provided by the client in electronic format such as Email or FTP and that any photographs or images be provided in highest quality available format, such as J-Peg, PNG or TIFF.
“Web Design by Lucy Webster” will try their best to ensure return of any physical material provided for use in creation in clients website, although it cannot be guaranteed.

-Design Credit
A link to “Web Design by Lucy Webster” will appear in either small type or by a small graphic usually at the bottom of the clients website. If a graphic is used, it will be designed to fit in with the overall site design. If the client requests that the design credit be removed, a nominal fee of 10% of the development charges will be applied. When the development charges are less than £5000, a fixed fee of £500 will be applied. The client also agrees that the website developed for the client may be presented in “Web Design by Lucy Webster’s” portfolio.

-Access Requirements
If the clients website is stored, or to be stored on a third-party server, “Web Design by Lucy Webster” must be granted temporary read/write access to the clients storage directories, this must be accessible via FTP(file transfer protocol). Depending on the specific nature of the project, other resources might also need to be configured on the server.

-Post-Placement Alterations
“Web Design by Lucy Webster” cannot accept responsibility for any alterations to, or complications of the client’s website, caused by a third-party once it has been signed off. Such alterations or complications can include, but aren’t limited to; additions, modifications or deletions.

-Domain Names
“Web Design by Lucy Webster” may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of “Web Design by Lucy Webster”. The client should keep records of the due dates for payment to ensure continued and smooth operation of website. A reminder email will be issued, however this is not the responsibility of “Web Design by Lucy Webster” unless otherwise agreed.

-General
These terms and conditions supersede all previous representations, understandings or agreements. The clients signature or payment constitutes agreement and acceptance to these terms and conditions.

-Governing Law
This agreement shall be governed by English law.

-Liability
“Web Design by Lucy Webster” hereby excludes itself, its employees and/or agents from all and any liability from;
loss or damage caused by inaccuracy
loss or damage caused by omission
loss or damage caused by delay or error, weather the result of negligence or other cause in     the production of the website
loss or damage to clients art work/photos/other supplied for the use of their site.

The entire liability of “Web Design by Lucy Webster” to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.

–Severability
In the event any one or more of the provisions of the agreement shall be held to be invalid, illegal or therefore unenforceable, the remaining provisions of this agreement shall remain unimpaired, and the agreement shall not be void for this reason alone.
Such illegal/invalid or unforeseeable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intentions of both parties.