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 an estimate/quote/invoice 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 project or task I will send you a statement of work (SOW) or an email outlining the project/task description, estimated completion time and the date I have scheduled the task in for.
If the project/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/Project Timeline
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.
We highly value our commitment to project timelines. When we establish a mutually agreed-upon timeline, it’s crucial that both parties adhere to it. Any delays or missed deliverables on your end may necessitate adjustments to the overall timeline. Please understand that while we strive for efficiency, we cannot guarantee that the time lost due to such delays can be fully recuperated within our development schedule. In the event of significant and persistent disruptions to the project timeline that jeopardize the project’s successful completion, it may result in a project or task’s termination, and the deposit provided by the client may be subject to forfeiture. We believe in maintaining open lines of communication and are committed to working together to prevent such situations whenever possible
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 3 hours 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 which 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 provided, 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.
Client Provided Assets
We love it when our clients have skills that can help make our jobs easier, but it can be a problem if you aren’t using the correct software. If any design work and/or assets are to be provided they must be provided in a format that is web/digital-ready, and created with the recommended design tools. This is to ensure that the web will line up with your design expectations. Any additional design work to move it from a non-recommended to a recommended tool will cost additional time.
We know that there is an abundance to learn about the digital landscape, and how it is always changing. If you are providing assets to us we expect you to incorporate a great digital experience for all users. We never work or develop websites that have bad user experience / user interactivity (UX/UI). If you’re going to provide desktop designs we ask that you provide us mobile and tablet to accompany. If you do not provide us mobile and tablet designs, we use the latest best practices in responsive design/development to accommodate a great UX/UI experience for your users. If the best practices aren’t up to your expectations and you haven’t provided any additional designs it will cost additional time for us to develop to your specifics.
Project Scope Extension / Scope Modification
As we progress in our project, it’s essential for us to maintain a keen focus on the defined scope to ensure its successful completion. Our primary goal is to provide you with a smooth and successful project experience while delivering the highest quality outcomes. Any additional changes to the scope mid-project will require a project stop and a separate estimate which will have impact on timelines, resources, and budget. Once these factors are agreed upon the project can continue.
The Website Cannon retainer contracts provides you with print and digital media services each month on a continual basis until this retainer is canceled. The rate and number of hours to be included in the retainer will be agreed upon by email so we each have a record of it.
I will work a fixed number of hours for you each week or month as agreed in our email correspondence. The number of hours included in the retainer can be adjusted each week or month, however I will require at least 7 days notice before the start of the new month as I will need to ensure I have the capacity to take on any additional work or adjust my schedule if the workload has decreased.
Pricing will depend on the size of the retainer, the larger the retainer the larger the discount. Pricing will be agreed on by both parties before the start of the retainer.
Whilst our agreement will be for a set number of hours each week or month, the actual number of hours worked may vary. For example, if there is a particularly large amount of work to complete one month then I may go over the agreed retainer hours, similarly if there is a quieter month I may work less. This is to be expected and I make sure it evens out over a 3-12 month period so the average hours worked will be close to the agreed amount.
If you require more work from me than your retainer permits during the month then I will do my best to accommodate this. You will be charged my standard hourly rate for any work provided outside of your retainer. If our retainer agreement is canceled then you will still be liable for any additional hours that might have been supplied beyond the agreed retainer.
If I feel the size of your retainer is not appropriate for your requirements then I may make recommendations for changing the number of hours supplied.
At the end of the month you will receive an invoice for your retainer, in addition to a description of the work completed. A full-time log outlining how long was spent working on each task can be provided upon request.
Time spent working on tasks is recorded in 30-minute increments.
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 13 Pro
– 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.
We want to host your website, we offer a website ecosystem that provides top-tier software that functions well us and with each other. We provide our clients top of the line systems at a fraction of the cost of large company’s. This also ensures us that if anything were to happen with the website we can quickly get it back to its perfect state, uptime, backups, and security is important to us and to you.
You always have the option to move outside of our hosting, if you do there will be a cost that will cover; migrating your website, and if we encounter any bugs/errors on the new hosting environment. Once the website has been migrated and signed off on by the client via email or contract, we are no longer reliable for anything that happens to the website/hosting environment/domain. We are always here to help if there is anything that happens!
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: 09/07/2023 (Added Client Provided Assets, Timeline, Project Scope Extension, Hosting)
06/06/2022 (Removed general hourly, added work stop clause)
03/19/2020 (Page Created)