The following terms and conditions apply to all web design & development services provided by me, “The Website Cannon” or “Service Provider” to you, “the Client” or “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.
Acceptance & Engagement
It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If the client engages The Website Cannon in any form of communication, makes a request, accepts an estimate/quote/invoice, or asks me to complete a digital media task for them, then the client will be deemed to have satisfied themselves, all employees of the company they represent, as to these terms 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.
You “Client”: 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 provide payment, review my work, provide feedback, and submit approvals in a timely manner.
Me “The Website Cannon”: 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 agreed upon deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.
Project Estimations & Quotes
If I agree to take on your project or task I will send you an estimate/quote, or an email outlining the project and task descriptions, quantity (hours), unit price (hourly rate), and items we are not including, as well as the total cost of all these items. Please review these items closely, if 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.
If you have changes to a non-approved or approved estimate that hasn’t had work started, a new estimate will be created with your requested changes. Upon creation of the new estimate, all verbiage and services on the previous estimate will be voided regardless of its approval status.
Before proceeding with any project or task, explicit approval of estimates and quotes is required. Upon approval, the client acknowledges agreement with all items outlined in the estimate/quote, including the terms and conditions, payment terms, and any subsequent invoices. This comprehensive approval ensures a clear understanding of the scope, terms, and financial commitments.
Project Scope Extension & Scope Modification
Separate estimates/quotes will be provided for tasks deemed outside the original project scope. Tasks that are anticipated to exceed 4 hours (half a business day), will need to have specific approval. Conversely, for tasks expected to take less than 4 hours, once agreed upon, they will be scheduled to commence on the specified start date.
If the estimate is unsatisfactory or if you wish to cancel the task, it is incumbent upon you to notify me before the scheduled date. The client will be responsible for all work started, in progress, and completed on this task, as well as additional changes.
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.
Timelines & Schedules
In the event of a scheduled start date, any delays caused by the client(s) not providing; payment, agreed upon content, answers to questions, or details on requirements may result in an adjustment to the timeline and schedule. It is essential to recognize our commitment to adhering closely to dates and timelines. Please note that we operate exclusively during normal business hours, weekends as well as holidays are excluded from our working schedule. If specific details are requested and not clearly provided by the client, we are not held responsible for furnishing them before, during, or after the commencement of a project.
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.
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 the latest industry standards and the correct software are not used. If any content or assets are to be provided they must be provided in a format that is web/digital-ready, to the projects exact specifications, and created within the recommended and approved 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, and might not be covered in the original estimate or quote. Rest assured this will be discussed with you during the initial estimation phase.
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 Search Engine Optimization (SEO) and responsive design/development to accommodate a great UX/UI experience for your users. If our 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 specifications.
Expenses & additional task/project costs
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 they will be deducted from the approved estimate. 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.
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 in a written format or within an email so that we both have a record of it. If we have had a phone call and spoke about specifics on a project, they will need to be confirmed in a written format and agreed to by both parties in order for them to be valid. This is to protect both parties, and by scheduling a phone or video call meeting you’re agreeing to this process.
Quality Assurance (QA)
I can’t guarantee that my work will be error-free so we include a Quality Assurance line item to our quotes and estimates. 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.
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 on the following devices:
Apple iPhone 13 Pro
Google Pixel 4XL
We do not test on emulators and other physical devices than the ones listed above. If you require additional work to accommodate for a specific device then I can provide a separate estimate for that.
Prior to the commencement of any project, we will collaboratively establish a “definition of done” to ensure clear expectations. In the absence of a predefined agreement, the following criteria will be applied:
For consulting/strategy projects, a conclusion email from the client will serve as the milestone.
Content creation/design projects will be considered complete upon the client’s receipt and approval of the specified assets.
Website development projects will be finalized upon sending the website/database files and/or the website’s successful launch, either on the client’s recommended hosting provider or The Website Cannon’s hosting services. Please note that if The Website Cannon’s hosting plan is not utilized, migration costs will be added to the estimate and quotes.
Digital marketing initiatives will be deemed concluded once the respective campaign or advertisement goes live.
Additionally, any project involving API and KPI integrations necessitates a thorough discussion. This includes determining the accounts to be used, assigning responsibilities for integrations, and establishing a testing protocol. Open communication on these aspects is crucial to ensure seamless project execution and successful outcomes.
If we have experienced issues with completing payment for invoices I have the right to stop all work and restrict access to files, website admin areas, and stop hosting services, for the projects and or tasks until payment in full is received.
Once final payment is received The Website Cannon is released from all liability with our products and services unless a retainer agreement or a hosting agreement was discussed and created prior to work starting. The client has the option to contact us regarding adding and creating a retainer agreement or hosting during the finalization of the project or task. These details can be discussed and agreed upon before any action is taken.
The Website Cannon will remove any development and staging environments for the project after 30 days of inactivity. If any action is needed by the client with these environments, requests will need to be sent and approved within the 30 days.
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.
Ensuring timely payments is of utmost importance to us, as it serves as the lifeblood of our business. This practice enables us to maintain operational efficiency, adhere to a structured timeline, and deliver the highest quality services to our valued clients. Your commitment to timely payments greatly contributes to the success of our collaborative endeavors.
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 for any work carried out at your request. 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 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, compounding every 30 days 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, see below for more details:
Collections and Legal Action: If an invoice remains unpaid for a period of 90 days after the due date, the client agrees to be responsible for all costs and fees incurred in the process of collecting the overdue amount. This provision encompasses, but is not limited to, the following:
Collection Agency Fees: In the event that the outstanding invoice is referred to a collection agency for retrieval, the client acknowledges and agrees to be responsible for any fees associated with the engagement of the collection agency. These fees typically include a percentage of the outstanding balance, or a flat fee determined by the collection agency’s terms.
Legal Fees: Should legal action be necessary to recover the unpaid amount, the client is liable for all associated legal fees. This includes but is not limited to The Website Cannon’s fees for preparing for legal action, attorney fees, court costs, and any additional expenses incurred in the legal pursuit of the overdue amount.
Additional Costs: Any other costs or expenses directly related to the collection process shall be the responsibility of the client. These costs may include administrative charges, expenses for correspondence, and any incurred overhead directly attributable to the collection efforts.
Interest and Damages: The client agrees to pay interest on the outstanding amount as stated in the terms outlined in the original agreement.
Moreover, the client may be held liable for any damages resulting from the delayed payment as specified by the governing laws.
In the event of non-payment and other payment issues, The Website Cannon reserves the right to modify the hourly rate and payment terms at any time. Notification of such changes will be provided, and your agreement will be sought before proceeding with any further work.
Additional Terms and Conditions
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/Zoom/GoToMeeting/Hangouts 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.
In the interest of maintaining accurate and comprehensive records of our interactions, we may choose to record audio and video during our communications with clients. This practice is implemented to ensure clarity, minimize misunderstandings, and enhance the overall quality of our services. By using our website and engaging in communications with us, you expressly consent to the recording of audio and video. Rest assured, the recorded content will be treated with the utmost confidentiality and will only be used for internal purposes related to the improvement of our services and the satisfaction of our clients. Once the project has concluded we delete all audio/video recordings.
We want to host your website, we offer a website ecosystem that provides top-tier software. 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; packaging up your website and database, or granting SSH/FTP access to the old environment. We are not responsible for any compatibility issues and/or bugs/errors on the new hosting environment. Once the website has been successfully received, 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!
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.
Pro Bono Services
Scope and Prioritization – The Website Cannon offers pro bono work, carefully selected by our team. Pro bono clients receive the same high-quality work as our paying clients. However, it is important to note that pro bono clients are required to cover any and all expenses deemed unavoidable by The Website Cannon.
Task/Project Queue – While we are committed to delivering exceptional results, it’s crucial to understand that paying clients will be prioritized in the task/project queue. Depending on our workload, completion times for pro bono tasks/projects may vary from days to weeks and even months. Pro bono clients have the option to expedite their task/project by paying to prioritize it in the queue. This ensures flexibility and allows pro bono clients to manage their project timelines according to their preferences.
Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Denver, Colorado, and the laws of the state of Colorado shall govern the interpretation, enforcement, and proceedings pursuant to this Agreement.
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. If you have any questions at all do not hesitate to reach out! [email protected].
Last Edited: 01/04/2024 (Reworked entire page, added items)
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)