The following terms and conditions apply to all website development, website rental and graphic design services provided by Wunderful Designs (“us”, “we”, “our”) to the Client.
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 quotation 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 our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by us are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. We reserve the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty five (25) percent of the project quotation total before the work is supplied to the Client. A second charge of twenty five (25) percent is required after the development stage, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is clearly outlined in your quotation and subsequent invoices. We do not accept cheque payments. Bank details will be made available on invoices.
We will provide the Client with an opportunity to review the appearance of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies us otherwise within ten (10) days of the date the materials are made available to the Client.
We will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon us receiving initial payment, unless a delay is specifically requested by the Client and agreed by us.
In return, the Client agrees to delegate a single individual as a primary contact to aid us with progressing the commission in a satisfactory and expedient manner.
During the project, we will require the Client to provide website content; text, images, movies and sound files.
We are a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to request additional fees up to 10% of the original grand total. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project and charge up to 25% of the remaining fee. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered to us in electronic format as either a Microsoft Word (.docx) or Pages (.pages) document via email. Each website page (i.e. About us, Services, Contact us etc) should have its own electronic document. Please avoid adding all pages text content into one document, unless you have clearly labelled where each page starts and ends. Contact us if you need clarification on this.
Once the initial content is added by us to the pages of your website, you can use the built-in WordPress editor to update the site yourself.
Invoices will be provided by us upon completion of work but before publishing the live website. Invoices are sent electronically via email. Invoices are due upon receipt, unless otherwise detailed on the invoice. Accounts that remain unpaid thirty (30) days after the date of the invoice will incur a service charge of 2% of the remaining balance, or £20 per month (whichever is higher) until all outstanding overdue invoices are settled.
Client agrees to reimburse us for any additional expenses necessary for the completion of the work. For example:
We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer (9+), Google Chrome, Safari.). Client agrees that we cannot guarantee correct functionality with all browser software across different operating systems.
We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, we reserve the right to quote for any work involved in changing the website design or code so the display will work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on our hosting service, we will, at our discretion, remove all such material from our hosting service. We are not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges on the Client’s account. Clients with accounts in default agree to pay us reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by us in enforcing these Terms and Conditions.
Termination of services by the Client must be requested via email and will be effective upon receipt of such notice. Telephone requests for termination of services will only be accepted upon receipt of written confirmation via email. The Client will be invoiced for design work completed up to the date of notice given, and full payment of this invoice will be due within thirty (30) days.
All our services may be used for lawful purposes only. You agree to indemnify and hold us harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants us the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting us permission and rights for use of the same and agrees to indemnify and hold us harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to us that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (files delivered via email) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .jpg, .png, .tiff, .psd, .eps or .afdesign format. All files delivered to us will not be returned, so ensure you only send copies.
A graphical link to our website will appear in the footer of the Client’s website. All reasonable attempts will be made to ensure the graphic fits in with the overall site design. If a client requests that the design credit be removed, a nominal fee of £500 will be invoiced and due upon receipt. The Client also agrees that the website developed for the Client may be presented in our website portfolio, on third-party websites such as directories and social networks and in physical print, such as brochures.
If the Client’s website is to be installed on a third-party server, we must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Your hosting provider can fulfil this request for you.
We cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
We may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of us. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by English Law.
We hereby exclude ourselves from all and any liability from:
Our entire liability to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.