The following terms and conditions apply to all web design & development services provided by me, The Website Cannon to you, the Client.
In these terms and conditions you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into agreeing to something that you might later regret. What I do want is what’s best for both parties, now and in the future.
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 or asks me to go ahead and complete a digital media task for them then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted these terms and conditions.
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 organization. You’ll give me everything I need to complete the work you have hired me for as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner.
Me: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
If I agree to take on your task or project I will send you an email outlining the task description, estimated completion time and the date I have scheduled the task in for.
If the task description is incorrect then it is your responsibility to let me know. If you want to change the scope of the task, or you no longer want me to go ahead with the work then please inform me as soon as possible, ideally before work begins. If work has already begun then you may still be charged for the time invested so far.
Estimated completion time
Estimated completion time refers to the amount of time I estimate the task will take to complete based on the information you have provided me with. This excludes any additional time that may be required for amendments or revisions.
I always try and complete work in an efficient and timely manner, however tasks may take longer than expected and I may go over the initial estimate.
You will pay less than the estimated if I finish the task sooner.
The date scheduled is when I anticipate work will begin, however I can’t guarantee this will be the exact start date.
Quotations & Client Approval
You will only receive a quotation on tasks that I estimate will take over an hour to complete. Before any work begins on these longer tasks I will ask for your approval before proceeding.
Any work you request from me, that I agree to take on and estimate will take less than an hour to complete, will be booked in and work will likely commence on the scheduled start date. When I book the work in you will receive an estimated completion time for your task, if you are not happy with my estimate or you don’t want me to go ahead with the work it is your responsibility to let me know before the scheduled date.
Project Briefs & Scope of Work
I will do my best to fulfill the task description, project brief or scope of work you provide, based on my interpretation of what is outlined in those documents or what has been discussed between us in regards to the work I will be undertaking for you. I can’t promise to include every point, detail or to complete the task exactly as described. Part of my job is being good at interpreting what the client wants and delivering it to them so I will try my best to meet your needs.
If you notice anything missing from the work I complete for you that should have been included as outlined in the task description, project brief or scope of work, please let me know as soon as possible and I will do my best to implement it.
Occasionally additional software, code, fonts, images, plugins, themes or specialist knowledge from a third-party developer may be required to complete your task/project. You are responsible for these costs and agree to reimburse me for any additional expenses necessary for the completion of the work. Unless stated otherwise the cost won’t be included in the original price estimate. You will be informed of these costs as they arise during the work and no purchase will be made unless agreed with you first.
If a task is requested and a 24-hour completion time is desired this will be deemed an “Emergency Task”. If I agree to complete this task, this will be billed at 1.5x our agreed-upon rate. System Administration work consisting of server crashes and/or website errors resulting in the site being down are not considered an emergency task.
Desktop browser testing
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla (Firefox). I won’t test in other older browsers unless you specify otherwise, and if you require additional work to accommodate for an older browser then I 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. I test my work in:
– Apple iPhone 6S
– Samsung Galaxy S9+ Edge
– Google Pixel 4XL
– Apple iPad
I won’t test on other devices unless you specify otherwise, and if you require additional work to accommodate for a specific device then I can provide a separate estimate for that.
Changes and revisions
I don’t want to limit your ability to change your mind, that’s why you will be able to review any work completed and provide feedback.
All feedback and revisions must be submitted via a text document or within an email so that we both have a record of it, unless we have other forms of written communication.
Fixed price work
I rarely do fixed price work due to the complex nature of web design and development. If I do take on your job at a fixed price you may still be liable for additional costs should they arise. If after I begin it transpires your task is going to take longer than I have quoted for, then I will quote you an additional cost for how long I estimate it will take to complete.
If you cancel the job after I have begun work on your fixed price task you may still be liable for the total price quoted. I will calculate how far into the task I am and work out a fair fee for the work completed to date.
I don’t want to limit your requests for revisions or changes to work completed for a fixed price. I will always try and accommodate your requests, however at my discretion any revisions or additional work requested may be charged an additional fee, if it will take a particularly long time to implement, or if it involves advanced customizations to the work already completed.
If you would like to have a meeting to discuss anything then that won’t be a problem. Simply get in touch and we can arrange a meeting for when we are both free.
If you would like to come to my office, use Skype or have the meeting over the phone then the first 30 minutes are supplied free of charge, beyond this I charge my standard project management fee of $95 an hour. Meetings outside my office are billed as half a day project management work at $380, provided the meeting location is within a reasonable distance. I will provide a custom quote if you’d like to meet somewhere that would require considerable travel time.
I can’t guarantee that my work will be error-free and so I 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 me 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.
First, you guarantee that all elements of text, code, software, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.
Then, when your full payment for my services has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for your project or task. You own all elements of text, images and data you provided, unless someone else owns them.
The copyright to the markup, CSS files, other code that may have been used, or certain images that I may have supplied are licensed to you in connection with the single website I implement them on for you, and will be licensed solely to the domain name on which those website files reside. If you own the domain name, then you own the copyright.
I love to show off my work and share what I’ve learned with other people, so I reserve the right to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.
The Website Cannon shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Hourly web design and development services are charged at our agreed upon hourly rate or The Website Cannon’s default hourly, billed in 30-minute increments (rounded up). You will receive an invoice around the start of the monthly billing for any work carried out at your request during the previous month. Work may still be ongoing and span more than one month in terms of invoicing periods, however you may still receive an invoice for any time invested the previous month even if work has not yet been completed.
I’m sure you understand how important it is as a business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay in good standing, you agree to stick tight to the 30-day payment terms for invoices you may be issued.
If I’m not paid in accordance to the agreed payment terms then I reserve the right to charge 10% interest on any overdue invoices. If overdue invoices aren’t handled promptly, I have the right to stop all work. I will also be entitled to claim compensation for any debt recovery costs I may incur in chasing and collecting the debt owed.
Changes to these Terms and Conditions
I reserve the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to view on my website.
Last Edited: 06-6-2022 (removed general hourly, added work stop clause)