Section 1. Party Agreement
The Client: You have the authority to enter into a contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. You agree to be bound by dates we set together. You also agree to stick to any payment schedules that may be applicable.
The Developer: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Section 2. Content, Construction & Testing
Section 2.1 Text Content
The Client is responsible for providing all of the text content for the website. Failure to adhere to supply such content in a timely manner may result in a delay to the website launch or work completion date. The Client is responsible for making sure that all of the text content that is provided is accurate and has been proofread for any mistakes or errors. Text content cannot be provided in an image format.
Section 2.2 Graphics and Photographs
The Client should supply graphic files in an editable, vector digital format. The Client should supply photographs in a high-resolution digital format. If The Client chooses to buy stock photographs, The Developer can suggest stock libraries. If The Client would like The Developer to search for photographs then The Developer will provide a separate estimate.
Section 2.3 HTML, CSS, jQuery and JavaScript
The Developer delivers pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript and jQuery for behaviours.
Section 2.4 Design
The Developer creates designs that adapt to the capabilities of many devices and screen sizes. The Developer creates them iteratively and uses predominantly HTML, CSS & Squarespace's built in editor, so The Developer won’t waste time mocking up every template as a static visual. The Developer may use visuals to indicate a creative direction (colour, texture and typography.) The Developer calls this ‘atmosphere.’
The Client will have plenty of opportunities to review The Developers work and provide feedback. The Developer will create a development site or test page (where applicable) that will be accessible by The Client; The Developer and The Client will have regular contact by either phone or email.
Section 2.5 Browser and Mobile Testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
The Developer tests the work in the most current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome). The Developer won’t test in other older browsers unless agreed separately. If The Client needs an enhanced design for an older browser, The Developer can provide a separate estimate for that.
Testing using popular smaller 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. The Developer tests the designs in:
iOS: Safari and Google Chrome
The Developer won’t test in Mobile, specific Android devices, or other mobile browsers unless agreed separately. If The Client needs The Developer to test using these then The Developer can provide a separate estimate.
The Developer cannot guarantee that the display or functionality of the website, web app or system, will be uninterrupted or error free.
Section 2.6 Additional Expenses
Unless otherwise agreed, the scope of work will not include expenses incurred additional to what has been agreed; such expenses will be invoiced separately to The Client. Such expenses include but are not limited to stock images, additional software, integrations, licensing fees, additional pages or additional product pages.
Section 3. Revisions & Functions
Section 3.1 Changes and Revisions
The price at the beginning of this contract is based on the scope of work agreed to. An appropriate package recommendation and/or custom agreement will be given based off what The Client has told The Developer they want to achieve. If The Client changes their mind or adds anything new than The Developer will provide a separate estimate for the additional work.
Where The Developer is constructing a website, new page or new product page for The Client, The Client will have three separate occasions to request revisions to the website. On each such occasion The Developer will ask The Client to review any and all work and provide their feedback. The Developer will then implement The Clients feedback. The Developer may at the sole discretion invoice for any additional revisions requested by the Client. If The Client requests a revision which dramatically changes the functionality, design or requires a re-build of the mechanics of the website then The Developer may at the sole discretion invoice for these revisions.
Section 3.2 Functionality
The Developer will incorporate any functionality that is built-in/default with Squarespace on request from The Client. Any requested functionality that is not built into Squarespace will incur an extra charge and it is at the discretion of The Developer whether they accept or decline such a request. The Developer will endeavour to facilitate such requests but makes no guarantees that such functionality can or will be incorporated.
Section 3.3 Technical Support
The Developer is not a website hosting company so The Developer doesn’t offer support for website hosting, email, domain registration or other services relating to hosting or operation of the website unless where the appropriate management package has been purchased. Where a management package has been purchased, please see the scope of technical support covered by such as package in the proceeding sections.
Squarespace will be The Client’s website host, any questions relating to the hosting should be directed to Squarespace or the relevant third party. Questions and support pertaining to The Clients domain, email or other services should be directed to the relevant third party.
The Developer can set up basic statistics software from Google Analytics. Then, the updates to, and management of this software will be up to The Client. For any other statistics software or more advance set-up The Developer can provide a separate estimate. Any updates to and management of these services will be up to The Client to manage with the third party.
At the request of or upon agreements of The Client, The Developer may incorporate other third-party software, services or code. Any updates to and management of these services will be up to The Client to manage with the third party.
Section 3.4 Search Engine Optimisation (SEO)
The Developer doesn’t guarantee improvements to The Clients website’s search engine ranking, but the pages that The Developer develops are accessible to search engines. The Developer will not be liable for any changes in search engine position as a result of The Developers work.
Section 4. Pricing
Any prices quoted by The Developer via their website, phone or email are estimates and subject to change at anytime. To confirm a price The Client will need to pay in full for one of the packages offered by The Developer or complete full payment of a custom agreement. The scope of what is included in each package is detailed in the below sections.
Prices for subscriptions are also subject to change even once The Client has an active subscription.
Section 5. Scope Of Work
Section 5.1 Website Holding Page Package
The Website Holding Page Package includes the following:
The design and creation of a website built on version 7.1 of Squarespace or if otherwise agreed or requested, version 7.0 of Squarespace.
The creation of 1 holding page. This will consist of a landing page while the main site is underdevelopment, this can display contact information of The Client. The Developer will not create any product pages.
A basic SEO strategy and integration of such a strategy based off answers provided by The Client in relation to questions posed by The Developer.
The website will respond and resize according to the visitors device, mobile breakpoints and maximum widths may be set.
Basic social media integrations as support by Squarespace, any additional or custom integrations will be billed separately and at the discretion of The Developer.
The integration of a single newsletter provider, Squarespace Campaigns.
The Developer will connect one custom domain provided by The Client.
An SSL certificate will be issued by Squarespace upon successful connection of The Clients custom domain. Such certificate is not transferable to any other service.
The Developer will set-up any necessary URL redirects to account for any old websites that The Client may hold.
A cookies banner will be provided as requested by The Client on completion of the necessary questionnaire.
The Developer will set-up a basic Google Analytics integration if requested by The Client. Such an integration will be limited to that provided by Squarespace.
The Developer will ensure that good practices are followed when creating The Clients website with regards to speed. Such practices include image compression and the elimination of unnecessary scripts. Some scripts cannot be disabled and are integral to the functionality of the website as provided by Squarespace.
The client will have the opportunity to request three rounds of revisions as set out in section 3.1.
Within 30 days of launch of The Clients website The Developer will provide The Client with a website overview guide which will include details of any custom CSS, HTML or Scripts that have been implemented as well as an overview to the websites structure and flow.
The following are not included in the Website Starter packages and are additional charges or for the expense of The Client as indicated:
Website Copy - The Client will provide The Developer with the words and/or imagery for The Clients website unless agreed otherwise in writing.
Additional Pages - A holding page website is solely a one page site.
Squarespace Fees - Any fees associated with the hosting of The Clients website are for The Clients account and are to be paid directly by The Client.
Custom Domain - The Client must provide and pay for their own custom domain.
Stock Images - Stock images are to be purchased by The Client. The Developer may purchase such images on The Clients behalf, this will be billed separately.
Additional Website Functionality
The website will be considered concluded once launched, any unused pages will then expire at this point.
Section 5.2 Website Basic Package
The Website Starter Package includes the following:
The design and creation of a website built on version 7.1 of Squarespace or if otherwise agreed or requested, version 7.0 of Squarespace.
The creation of 5 pages. Each blog post and each event will count as a single page, the main blog page and events page iteself will also count as a single page. The Developer will not create any product pages.
A basic SEO strategy and integration of such a strategy based off answers provided by The Client in relation to questions posed by The Developer.
The website will respond and resize according to the visitors device, mobile breakpoints and maximum widths may be set.
Basic social media integrations as support by Squarespace, any additional or custom integrations will be billed separately and at the discretion of The Developer.
The integration of a single newsletter provider, Squarespace Campaigns.
Basic CSS or HTML adjustments as required to achieve any design elements. Please note that certain areas of Squarespace restrict the use of custom code and cannot be alter beyond what is offered as a stock experience from Squarespace.
The Developer will connect one custom domain provided by The Client.
An SSL certificate will be issued by Squarespace upon successful connection of The Clients custom domain. Such certificate is not transferable to any other service.
The Developer will set-up any necessary URL redirects to account for any old websites that The Client may hold.
A cookies banner will be provided as requested by The Client on completion of the necessary questionnaire.
A dedicated page will be created for both the Privacy Notice and Terms and Conditions if requested by The Client. Such pages will not count towards any page quota. The contents of these page must be provided by The Client.
The Developer will set-up a basic Google Analytics integration if requested by The Client. Such an integration will be limited to that provided by Squarespace.
The Developer will ensure that good practices are followed when creating The Clients website with regards to speed. Such practices include image compression and the elimination of unnecessary scripts. Some scripts cannot be disabled and are integral to the functionality of the website as provided by Squarespace.
The client will have the opportunity to request three rounds of revisions as set out in section 3.1.
Within 30 days of launch of The Clients website The Developer will provide The Client with a website overview guide which will include details of any custom CSS, HTML or Scripts that have been implemented as well as an overview to the websites structure and flow.
The Client will also be eligible to sign up to a 1 month free trial of The Developers Basic Support Package. This must be redeemed within 30 days after The Clients website has launched.
The following are not included in the Website Starter packages and are additional charges or for the expense of The Client as indicated:
Website Copy - The Client will provide The Developer with the words and/or imagery for The Clients website unless agreed otherwise in writing.
Additional Pages - Any pages requested by The Client above the initial 5 pages will be billed separately. Each additional page is £50.
Squarespace Fees - Any fees associated with the hosting of The Clients website are for The Clients account and are to be paid directly by The Client.
Custom Domain - The Client must provide and pay for their own custom domain.
Stock Images - Stock images are to be purchased by The Client. The Developer may purchase such images on The Clients behalf, this will be billed separately.
Additional Website Functionality
The website will be considered concluded once launched, any unused pages will then expire at this point.
Section 5.3 Website Advance Package
The Website Starter Package includes the following:
The design and creation of a website built on version 7.1 of Squarespace or if otherwise agreed or requested, version 7.0 of Squarespace.
The creation of 10 pages. Each blog post and each event will count as a single page, the main blog page and events page iteself will also count as a single page. The Developer will not create any product pages.
A basic SEO strategy and integration of such a strategy based off answers provided by The Client in relation to questions posed by The Developer.
The website will respond and resize according to the visitors device, mobile breakpoints and maximum widths may be set.
Basic social media integrations as support by Squarespace, any additional or custom integrations will be billed separately and at the discretion of The Developer.
The integration of a single newsletter provider, Squarespace Campaigns.
Basic CSS or HTML adjustments as required to achieve any design elements. Please note that certain areas of Squarespace restrict the use of custom code and cannot be alter beyond what is offered as a stock experience from Squarespace.
The Developer will connect one custom domain provided by The Client.
An SSL certificate will be issued by Squarespace upon successful connection of The Clients custom domain. Such certificate is not transferable to any other service.
The Developer will set-up any necessary URL redirects to account for any old websites that The Client may hold.
A cookies banner will be provided as requested by The Client on completion of the necessary questionnaire.
A dedicated page will be created for both the Privacy Notice and Terms and Conditions if requested by The Client. Such pages will not count towards any page quota. The contents of these page must be provided by The Client.
The Developer will set-up a basic Google Analytics integration if requested by The Client. Such an integration will be limited to that provided by Squarespace.
The Developer will ensure that good practices are followed when creating The Clients website with regards to speed. Such practices include image compression and the elimination of unnecessary scripts. Some scripts cannot be disabled and are integral to the functionality of the website as provided by Squarespace.
The client will have the opportunity to request three rounds of revisions as set out in section 3.1.
Within 30 days of launch of The Clients website The Developer will provide The Client with a website overview guide which will include details of any custom CSS, HTML or Scripts that have been implemented as well as an overview to the websites structure and flow.
The Client will also be eligible to sign up to a 1 month free trial of The Developers Basic Support Package. This must be redeemed within 30 days after The Clients website has launched.
The following are not included in the Website Starter packages and are additional charges or for the expense of The Client as indicated:
Website Copy - The Client will provide The Developer with the words and/or imagery for The Clients website unless agreed otherwise in writing.
Additional Pages - Any pages requested by The Client above the initial 10 pages will be billed separately. Each additional page is £50.
Squarespace Fees - Any fees associated with the hosting of The Clients website are for The Clients account and are to be paid directly by The Client.
Custom Domain - The Client must provide and pay for their own custom domain.
Stock Images - Stock images are to be purchased by The Client. The Developer may purchase such images on The Clients behalf, this will be billed separately.
Additional Website Functionality
The website will be considered concluded once launched, any unused pages will then expire at this point.
Section 5.4 Website Commercial Package
The Website Starter Package includes the following:
The design and creation of a website built on version 7.1 of Squarespace or if otherwise agreed or requested, version 7.0 of Squarespace.
The creation of 10 pages and 10 product pages. Each blog post and each event will count as a single page, the main blog page and events page iteself will also count as a single page.
A basic SEO strategy and integration of such a strategy based off answers provided by The Client in relation to questions posed by The Developer.
The website will respond and resize according to the visitors device, mobile breakpoints and maximum widths may be set.
Basic social media integrations as support by Squarespace, any additional or custom integrations will be billed separately and at the discretion of The Developer.
The integration of a single newsletter provider, Squarespace Campaigns.
Basic CSS or HTML adjustments as required to achieve any design elements. Please note that certain areas of Squarespace restrict the use of custom code and cannot be alter beyond what is offered as a stock experience from Squarespace.
The Developer will connect one custom domain provided by The Client.
An SSL certificate will be issued by Squarespace upon successful connection of The Clients custom domain. Such certificate is not transferable to any other service.
A secure checkout page will be provided by Squarespace.
The Developer will set-up up to 30 shipping rates as defined The Client and within the limits of the Squarespace platform.
The Developer will set-up up to 30 tax rates as defined by The Client and within the limits of the Squarespace platform.
The Developer will set-up up to a maximum of 30 discount code as defined by The Client and with the of the Squarespace platform.
The Developer will also offer advice and help to set-up and connect payment providers such as Stripe and PayPal however ultimate responsibility and ownership of these accounts rests with The Client.
The Developer will set-up any necessary URL redirects to account for any old websites that The Client may hold.
A cookies banner will be provided as requested by The Client on completion of the necessary questionnaire.
A dedicated page will be created for Shipping Information, a Privacy Notice and Terms and Conditions if requested by The Client. Such pages will not count towards any page quota. The contents of these page must be provided by The Client.
The Developer will set-up a basic Google Analytics integration if requested by The Client. Such an integration will be limited to that provided by Squarespace.
The Developer will ensure that good practices are followed when creating The Clients website with regards to speed. Such practices include image compression and the elimination of unnecessary scripts. Some scripts cannot be disabled and are integral to the functionality of the website as provided by Squarespace.
The client will have the opportunity to request three rounds of revisions as set out in section 3.1.
Within 30 days of launch of The Clients website The Developer will provide The Client with a website overview guide which will include details of any custom CSS, HTML or Scripts that have been implemented as well as an overview to the websites structure and flow.
The Client will also be eligible to sign up to a 1 month free trial of The Developers Basic Support Package. This must be redeemed within 30 days after The Clients website has launched.
The following are not included in the Website Starter packages and are additional charges or for the expense of The Client as indicated:
Website Copy - The Client will provide The Developer with the words and/or imagery for The Clients website unless agreed otherwise in writing.
Additional Pages - Any pages requested by The Client above the initial 10 pages and 10 product pages will be billed separately. Each additional page is £50 and each additional product is £25.
Squarespace Fees - Any fees associated with the hosting of The Clients website are for The Clients account and are to be paid directly by The Client.
Custom Domain - The Client must provide and pay for their own custom domain.
Stock Images - Stock images are to be purchased by The Client. The Developer may purchase such images on The Clients behalf, this will be billed separately.
Additional Website Functionality
The website will be considered concluded once launched, any unused pages or products will then expire at this point.
Section 5.5 Basic Management Package - Subscription
In order to be eligible for the Basic Management Package The Clients website must be hosted on Squarespace with a valid Squarespace subscription. Any ineligible sign ups will be cancelled and refunded. The Developer may at their sole discretion cancel and refund eligible signups for any reason.
Each subscription covers support for one website only. Each website will require a separate subscription.
Having a website built, managed, designed or developed by The Developer does not automatically entitle The Client to sign up for The Developers Basic Management Package; The Developer may at their sole discretion refuse the sign up of past clients (The Client) to the Basic Management Package.
The Basic Management Package includes the following:
The Developer will monitor The Clients website over the course of the subscription, an inspection of The Clients website will take place no less than twice a month whilst The Client holds a valid subscription. Such an inspection will include testing for overall functionality of the website and mobile usability. When an error or bug has been identified The Developer will take appropriate action including liaising with Squarespace support on behalf of The Client to resolve the issue. The Developer cannot make any guarantees of resolution for issues pertaining to the fundamental running of the Squarespace platform which are outside of The Developers control. The Developer cannot provide support or fixes for any code that was not originally supplied by The Developer nor can The Developer provide support or fixes for any functionality that falls outside the normal operating paramenters and functionality of the Squarespace platform.
The Developer will provide The Client with a total of one page updates per billing cycle. Only one page update may be requested or submitted per billing cycle, all updates to a particular page must be submitted together; separate submission will be billed additionally. A page update includes updating the imagery, text or layout of the page; the overall sum of these updates must not constitute an entirely new page replacing the page which is to be updated, such as change is not supported on the Basic Management Package. Changes that pertain to the overall look and feel of the website are not eligible and will be billed accordingly, these include but are not limited to website rebranding, changes to the websites header or footer, changes to the overall essence of the website. All text and imagery must be provided by The Client.
The Developer will provide The Client with a total of five product page updates per billing cycle. Only five product page update requests may submitted per billing cycle, all updates to a particular product page must be submitted together; separate submission for the same product will be treated as separate requests. A product update includes changing the products price, description, weight or dimension and changes to the product name; the overall sum of these updates must not constitute an entirely new product replacing the product which is to be updated, such as change is not supported on the Basic Management Package. Changes that pertain to the overall look and feel of the website are not eligible and will be billed accordingly, these include but are not limited to website rebranding, changes to the websites header or footer, changes to the overall essence of the website. All text and imagery must be provided by.
Any unused product or page updates do not roll over into any subsequent billing cycles.
The following is not covered by the Basic Management Package:
Any changes that would constitute a fundamental redesign or change to The Clients website. This includes but is not limited to branding, website fonts, styles, colours, website structure or operation. For such a change please purchase one of our design packages.
Work involving custom coding (including but not limited to HTML, CSS, JavaScript & jQuery) and integrating third party services. The Developer can provide a separate estimate for this work.
The following can purchased on the Basic Management Package in addition to the base subscription:
Additional page updates - £25 per page
Additional product updates - £15 per product
Any unused page or product updates do not roll over into any subsequent billing cycles.
Please allow up to 72 hours for The Developer to process your request, in periods of high demand this processing time may be longer however this delay will be communicated by The Developer.
Section 5.6 Advanced Management Package - Subscription
In order to be eligible for the Fully Managed Package The Clients website must be hosted on Squarespace with a valid Squarespace subscription. Any ineligible sign ups will be cancelled and refunded. The Developer may at their sole discretion cancel and refund eligible signups for any reason.
Each subscription covers support for one website only. Each website will require a separate subscription.
Having a website built, managed, designed or developed by The Developer does not automatically entitle The Client to sign up for The Developers Fully Managed Package; The Developer may at their sole discretion refuse the sign up of past clients (The Client) to the Fully Managed Package.
The Fully Managed Package includes the following:
The Developer will monitor The Clients website over the course of the subscription, an inspection of The Clients website will take place no less than twice a month whilst The Client holds a valid subscription. Such an inspection will include testing for overall functionality of the website and mobile usability. When an error or bug has been identified The Developer will take appropriate action including liaising with Squarespace support on behalf of The Client to resolve the issue. The Developer cannot make any guarantees of resolution for issues pertaining to the fundamental running of the Squarespace platform which are outside of The Developers control. The Developer cannot provide support or fixes for any code that was not originally supplied by The Developer nor can The Developer provide support or fixes for any functionality that falls outside the normal operating paramenters and functionality of the Squarespace platform.
The Developer will provide The Client with an unlimited number total of pages updates per billing cycle subject to a fair use policy. The Developer may restrict The Clients use of page updates in order to service other clients. A page update includes updating the imagery, text or layout of the page; the overall sum of these updates must not constitute an new page replacing the page which is to be updated, such as change is will count towards one of the one new pages offered by the Fully Managed Package. Changes that pertain to the overall look and feel of the website are not eligible and will be billed accordingly, these include but are not limited to website rebranding, changes to the websites header or footer, changes to the overall essence of the website. All text and imagery must be provided by The Client.
The Developer will provide The Client with an unlimited number of product page updates per billing cycle subject to a fair use policy. The Developer may restrict The Clients use of page updates in order to service other clients. A product update includes changing the products price, description, weight or dimension and changes to the product name; the overall sum of these updates must not constitute an entirely new product replacing the product which is to be updated, such as change is will count towards one of the five new product pages offered by the Fully Managed Package. Changes that pertain to the overall look and feel of the website are not eligible and will be billed accordingly, these include but are not limited to website rebranding, changes to the websites header or footer, changes to the overall essence of the website. All text and imagery must be provided by The Client.
The Developer will provide The Client with an unlimited number of blog post publications per billing cycle subject to a fair use policy. The Developer may restrict The Clients use of blog post publications in order to service other clients. All text and imagery must be provided by The Client.
The Developer will provide The Client with an unlimited number of Squarespace Email Campaign publications per billing cycle subject to a fair use policy. The Developer may restrict The Clients use of Squarespace Email Campaign publications in order to service other clients. To take advantage of this service The Client must be subscribed to Squarespace Email Campaigns, all fees due for such are subscription are for The Clients accounts. All text and imagery must be provided by The Client.
The Developer will facilitate the creation of one new page on The Clients website per billing cycle. All text and imagery must be provided by The Client.
The Developer will facilitate the creation of five new product pages on The Clients website per billing cycle. If The Client requests that The Developer adds new products to The Clients website then The Developer will do just that, The Developer will not set-up commerce functionality such as shipping rates, taxes, discounts or connect payment providers; for such a service please contact The Developer for an estimate. Alternatively The Client is free to set-up such functionality themselves.
The following is not covered by the Fully Managed Package:
Any changes that would constitute a fundamental redesign or change to The Clients website. This includes but is not limited to branding, website fonts, styles, colours, website structure or operation. For such a change please purchase one of our design packages.
Work involving custom coding (including but not limited to HTML, CSS, JavaScript & jQuery) and integrating third party services. The Developer can provide a separate estimate for this work.
If The Client requests that new products be added to a website without commerce functionality already set-up then The Developer can provide an estimate for setting up such functionality. Alternatively The Client is free to set-up such functionality themselves.
The following can purchased on the Fully Managed Package in addition to the base subscription:
Additional new pages - £50 per page
Additional new product pages - £25 per product
Any unused new pages or new product pages do not roll over into any subsequent billing cycles.
Please allow up to 72 hours for The Developer to process your request, in periods of high demand this processing time may be longer however this delay will be communicated by The Developer.
Section 5.7 Custom Agreements
Where a custom agreement has been made between The Client and The Developer these will be displayed to The Client just before the checkout page. The Client must check the Agree box before proceeding to make payment.
Custom agreements may be added in addition to one of the base packages offered by The Developer or they may serve exclusively on their own.
Section 6. Subscriptions
Subscriptions are billed monthly on the same day each month that The Client signed up on. The Client may cancel their subscription at anytime from your account dashboard. Once cancelled The Clients subscription will be valid until the end of their current billing cycle at which time the subscription will be terminated. No refunds will be provided if The Client does not utilise their subscription within a given month or cancels their subscription mid-billing cycle.
To change a subscription The Client will need to cancel their current subscription and subscribe to the new package.
The Developer may at anytime adjust the price of a subscription, including any extras, The Client will be given 30 days notice of all price changes at which point The Client may terminate their subscription at the end of their current billing cycle.
The Developer may at anytime decide not to allow The Clients subscription to renew. In such a situation The Developer will provide The Client with at least 30 days notice, The Clients subscription will still be valid through to the end of the billing cycle at which point The Clients subscription will be terminated.
The Clients card details will be stored and charged automatically every month until such as time in which The Client cancels their subscription.
The Basic Management Package and Advanced Management Package are both subscription.
Section 7. Legal
The Developer will carry out work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. That said, The Developer can’t guarantee that their work will be error-free and won’t be liable to The Client or any third-party for damages or losses, including but not limited to lost profits, lost data, lost revenue, lost savings or other incidental, consequential or special damages, even if The Client has advised The Developer of them.
If The Client breach any these terms in this contract and The Developer takes no action, The Developers will still be entitled to use their rights and remedies in any other situation where The Client breaches the terms of this contract.
Both parties agree that to adhere to all relevant laws and regulations in relation to activities under this contract and not cause the other party to breach any relevant laws or regulations. If The Developer believes The Client is in breach of any laws or regulations then they may terminate the contract.
This contract shall be governed by and construed in accordance with English law. This contract is a legal document under exclusive jurisdiction of English courts.
This contract stays in place and need not be renewed.
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.
Section 8. Liability
The Developer will not be liable for any failure or delay in performing work as detailed in the design package, management package, scope of work, additional estimate or agreement, or for any loss or damage caused by or arising from events or circumstances beyond The Developers reasonable control which includes, without limitation, acts of God, wars (whether declared or not), riots, civil commotions, malicious damage, embargoes, compliance with any law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood, accidents, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, unusually severe weather conditions, default of suppliers or subcontractors or the actions of third parties not employed by the Parties.
The Developer excludes itself and Agents from any and all liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Loss or damage caused by any software malfunction, bugs, performance issues or failure of software.
The Developer provides their work ‘as is’ and makes no warranties with regard to the website and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of any website code or the performance of third party system platforms including but not limited to Squarespace. The Developer cannot guarantee that any service(s) will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Developer shall under no circumstances whatsoever, be liable to The Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of contracts, loss of profits, loss of revenue, loss of contracts, loss of business, loss of data, increased costs, increased overheads, increased expenses, all indirect losses, all indirect costs, all consequential costs and all consequential losses.
The Client agrees The Developer is not liable for any failure to inform or implement any updates to their website to comply with, including but not limited to, new legislations, software releases and web standards. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Developer is not responsible for the maintenance or running of the Squarespace platform and cannot make any guarantees or warranties regarding up-time, reliability or performance.
Occasionally Squarespace or other third-parties may update their platform or services which may render code provided by the Developer inoperable; such code includes but is not limited to HTML, CSS and Javascript. Technology advancements, improvements or updates may also render such code inoperable. In such situations The Developer is under no obligation to The Client to inform, update or fix any code and The Developer won’t be liable to The Client or any third-party for damages or losses, including but not limited to lost profits, lost data, lost revenue, lost savings or other incidental, consequential or special damages, even if The Client has advised The Developer of them.
It is The Clients responsibility to ensure that their website complies with all laws and regulations including but not limited to GDPR. The Developer may provide guidance to The Client with regards to complying with such laws and regulations however The Developer not be liable for any and all demands, liabilities, costs, losses and claims arising from such guidance. The Developer strongly recommends that The Client seek legal counsel with regards to such laws and regulations.
It is The Clients responsibility to write and produce their own wording and documentation for policies such as but not limited to Privacy Notice, Terms of Business and Terms of Services pertaining to their website. The Developer will not write such documents on behalf of The Clients and it is The Clients responsibility to ensure that these documents are client with any laws or regulations.
Where third-party services or software has been used it is The Clients responsibility to ensure that they are compliant the third-parties terms of service, terms of business, privacy policy and any other agreements that condition the use of the third-party. Such services include but are not limited to Squarespace, Stripe, PayPal, Google Analytics and Facebook.
Section 9. Entire Agreement
The Client accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
The failure of The Developer to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
Section 10. Third Parties
Neither party can transfer this contract to anyone else without the other parties’ permission. A person who is not a party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
Section 11. 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.
The Client guarantees that all elements of text, images or other artwork provided are either owned by The Client, or that The Client has permission to use them. When The Client provides text, images, other artwork or another copyrighted or intellectual property to The Developer, The Client agrees to protect The Developer from any claim by a third party that The Developer is using their intellectual property.
The Developer takes reasonable steps to ensure that text, images, other artwork or another copyrighted or intellectual property is freely available for use within clients projects, however in the event of a claim, the client takes full responsibility for any infringement of copyright after the website or other work enters the public domain.
Provided The Client has paid for the work and that this contract hasn’t been terminated, The Developer will assign all intellectual property rights to The Client as follows:
The Client will own the website The Developer designs plus the visual elements that The Developer creates for it. The Client will own all intellectual property rights of text, images and data The Client provided, unless someone else owns them. Ownership of the website The Developer designs for The Client plus the visual elements will only be transferred to The Client once full payment of any outstanding balances has been received, until full payment has been received ownership remains with The Developer.
The Developer will own any intellectual property rights that The Developer has developed prior to, or developed separately from The Clients website and not paid for by The Client. The Developer will own the unique combination of these elements that constitutes a complete design and The Developer will license its use to The Client in perpetuity for use on the website designed by The Developer only, unless otherwise agreed.
Intellectual property rights to plugins or custom code including but not limited to CSS, HTML and Javascript will remain with The Developer and will not be transferred to The Client under any circumstance; instead The Developer will license its use to The Client in perpetuity for use on a single website only, unless otherwise agreed.
Section 12. Display Of Work
The Developer reserves the right to display all aspects of their creative work, including sketches, work-in-progress designs and completed project on their portfolio and in articles on websites, in magazine articles and in books.
Section 13. Project Schedule
The Clients failure to meet timeline/milestone or content obligations may result in reallocation of The Developers resources and work on the project will be delayed or may cease. Resuming work on the project will require a reassembly period that may be equal to or greater than the time of delay caused by The Client. Resumption of work is subject to the availability of The Developer.
If The Client’s inactive or unresponsive time exceeds a period of 30 days, this constitutes abandonment of the project. In such a case, The Client will be considered to have cancelled the project and The Developer gains the right to cancel the contract at their discretion. No refunds will be given for any payments made by The Client to The Developer. In such case, The Client will be granted no right or license to the work.
Section 14. Payment Schedule
The Developer requires full payment from The Client before work begins if purchased through the The Developers website, for all other services not available for purchase online a quote will be presented to The Client from The Developer and 30% of that quote will need to be paid before work begins with the remaining 70% paid before the project goes live.
Website ownership will only be transferred from The Developer to The Client once the website has launched and there are no outstanding balances due from The Client to The Developer.
The Developer issues invoices electronically. All prices are quoted in either GBP, payments will be made at the equivalent conversion rate at the date the transfer is made.
The Client agrees to pay all charges associated with international transfers of funds. The Developer reserves the right to charge interest on all overdue debts at the rate of the Bank of England base rate plus 8% per month or part of a month. Payment shall be deemed too have been made when received by The Developer in cleared funds at the nominated bank account.
Section 15. Eligibility
To be eligible to services from The Developer and lawfully enter into and form contracts, The Client must;
be 18 years of age or over; and
register The Clients real name, address, phone number, email address and any other details requested.
Section 16. Cancellation
The Client has 14 days from the date that The Client signs up to to any design packages, support packages, installation services, additional estimate or agreement to cancel the contract. The Developer will not begin to provide the design package, support package, installation service, additional estimate or agreement within the 14 day cancellation period unless The Client has requested that The Developer do so. If The Client has instructed The Developer to commence work within the 14 day cancellation period then The Client will still have the right to cancel the contract but The Client must pay for the work that has already been completed. If the work has been provided in full then the right to cancellation will have been lost.
If at any stage The Client changes their mind about what they want delivered or aren’t happy with the direction The Developers work is taking, The Client will pay The Developer in full for the time The Developers has spent working until that point and may terminate this contract. In such case, The Client will be granted no right or license to the work.
Section 17. Squarespace
By purchasing or agreeing to a design package, support package, scope of work, additional estimate or agreement The Client is also agreeing to Squarespace's terms of service, acceptable use policy, cookies policy, copyright policy, trademark policy, image terms, data processing addendum, developer terms of use and privacy policy. These can be reviewed using the link below.
https://www.squarespace.com/terms-of-service
Section 18. Amendments
The Developer reserves the right to make changes to the their website, policies, and terms and conditions at any time. The Client will be subject to the terms and conditions, policies and contract in force at the time that they purchase the design package, scope of work, plugin, additional estimate or agreement from The Developer, unless any change to those terms and conditions, policies or this contract is required to be made by law or government authority.
If The Client has purchases a subscription from The Developer then any amendments to The Developers policies or terms and conditions or privacy notice will take affect from the start of The Clients next billing cycle unless any change to those terms and conditions, policies or this contract is required to be made by law or government authority immediately. In such a situation The Developer will notify The Client by email as to the changes being made and provide The Client with the option to not renew their subscription.
Section 19. Contact Information
Please send any questions to info@alexmunrogriffiths.com