Terms of Business
Date: [29th August 2020]
Between us, Web SEO Assist and you, ?????.
Web SEO Assist may be referred to as “I, me, we, us or our” below. You, the client or [YOUR COMPANY], may be referred to as “you, your or the client.”
Introduction
We will always do our best to fulfil your needs and meet your goals; however, sometimes it is best to have a few simple things written down so we both know what is what, who should do what, and what happens if something goes wrong.
In this contract, you will not find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing an agreement you might later regret, but we do want what’s best for both parties, now and in the future.
Phase 1 – Getting Started
Deliverables
See the project proposal for development details and deliverables agreed upon. Web SEO Assist strives to provide a professional and personal service throughout the development process. We will work diligently to complete the project by the proposed deadline/launch date as specified.
Payment
Unless otherwise agreed, Web SEO Assist works to the following payment schedule.
40% initial deposit on acceptance of work.
60% balance will be due upon acceptance of the completed web development project, but before it is fully “live”.
Please note Web SEO Assist is not a VAT registered company and therefore all prices are exempt of VAT.
All invoices should be paid upon receipt.
Payment should be by Bank Transfer/Faster Payment/BACS, but we will also accept payment via cheque.
Additional work which is not specified in the agreed quotation is subject to a separate quotation. Web SEO Assist reserve the right whether to quote or accept the additional work. If additional work is accepted this may affect the delivery time of the project.
Failure to settle your account on time or to contact Web SEO Assist regarding any delay may result in access to the website being restricted and content temporarily and then permanently removed.
We reserve the right to pursue non-payment via the small claims court or debt collection services.
Point of contact
As the signatory, you are confirming that you have the authority to enter into this contract on behalf of your company or organisation.
Web SEO Assist will require one point of contact during the website build for clarifying requirements for design, key features, usability and maintenance issues. Web SEO Assist requires this person to be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.
Response Times
Web SEO Assist will make every effort to reply to inquiries within 24 hours, Monday to Friday, except where the client has been previously notified of a period of limited availability. However, we are not responsible for a missed launch date or deadline if you have been late in supplying information, required materials, or you have not approved or signed off our work in time.
You agree to:
- review our work, provide feedback, and sign-off approval in a timely manner
- supply additional needed content/information for project progress
either within 72 hours, Monday to Friday or date specified by Web SEO Assist, unless we’re notified of a period of limited availability.
Avoiding Delays and Project Drag Ons
You agree to provide all content and information needed in order for Web SEO Assist to start the project by the agreed, jointly set, deadline. We retain the right to delay starting on the project until all needed content and information is provided by you and the launch date may be delayed if all content we need is not provided in the requested time during the development process.
If the jointly set content or feedback deadline isn’t met, then the project will be shelved until such times as it is received. This may then mean a delay due to the subsequent rescheduling of the project.
If, after 6 months of the initial project start date, the client has not responded with the necessary feedback or additional content needed to complete the project (even if paid in full), Web SEO Assist reserves the right to increase the project total cost (to align with our updated rates) with a revised quote that must be agreed upon by both parties in order to finish the project.
Quotes
All quotes are valid for 10 days. After this period the quote will either be reconfirmed or a new quote will be provided. Unless specified/requested any functionality included within the quote will be the standard that is deployed with my software provider.
Review, Expiration or Cancellation
This contract is valid for one calendar year from when it was signed, upon which point it expires. Upon expiration, both parties may review and amend the contract and decide whether or not to renew. This contract may be terminated by either party with a full 30 day written notice. All payments will be due and all work will be submitted upon the termination of the contract.
Design and Development
The design of the website (basic layout) must be approved (via email) before the development will begin. Once Web SEO Assist has received approval on the design any further alterations will be chargeable.
To enable us to complete the work as part of an agreed project schedule, you must provide any needed information and content required in a timely manner.
Web SEO Assist reserve the right to use subcontractors on a project if needed.
Web Browsers
Every effort will be made to ensure that your website will be viewable by the majority of visitors in the latest versions of the following browsers:
- Google Chrome
- Safari
- Mozilla Firefox
We cannot guarantee that the website will function correctly in future versions/releases of website browsers but will endeavour to “future-proof” coding where possible.
Copyright/Ownership
You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork you provide me for inclusion in the website are either owned by you, or you have permission to use them.
Licensing for website themes/templates/images/third-party plug-ins/software purchased from third party suppliers will remain with Web SEO Assist unless purchased directly by yourself.
Liability
Web SEO Assist will not be liable for costs incurred, compensation or loss of earnings due to your failure to meet agreed deadlines. Nor will we be liable for business interruption, loss of profits, data or other losses directly resulting from the use of the website, services, and/or goods provided to the client.
We cannot guarantee that the web design project will be uninterrupted or error-free (though errors will, of course, be corrected ASAP after notification). It is your responsibility to check for any errors and notify us within 14 days of the site’s “go live” date.
By accepting the quote, you agree that it is your responsibility to comply with the laws and taxes applying to internet e-commerce and will hold harmless, protect and defend Web SEO Assist and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your exercise of internet e-commerce.
From time to time updates may be needed to your site to comply with new legislation, software releases and web standards. We reserve the right to quote for any updates as separate work and we are not liable for any failure to inform or implement these updates to your site.
Confidentiality
In addition, we will also maintain the confidentiality of any sensitive information you provide us.
Cancellations and Refunds
All cancellations must be in writing to Web SEO Assist and only work paid for, but uncompleted will be refunded. Hosting or any software purchased for you as part of the project will not be refunded. Work to date will be delivered to you in its current state at the time of cancellation.
Phase 2 – Development
Content / Images
Unless specified within the quote, it is assumed that all content and images will be supplied by you.
You agree to provide us with everything that we need to complete the project including text, images, and other information as needed, and when needed, and in the format, we ask for. If you require copywriting/images we can provide a separate quote.
Minimal work will be carried out until the website content requested is supplied.
We will not take any responsibility or be held accountable for any copyright/licensing infringements as a result of materials supplied by you.
3rd Party Plugins / Programs
Your quote, unless specifically specified, does not include a time allowance to set up 3rd party plugins and programs. We will endeavour to help you with set up but will advise you if we need to charge extra for my time in doing this.
We cannot be held accountable for the non or incorrect operation of any 3rd party plugins or programs outside of our control.
Changes and Revisions
The quoted prices given are based on the time we estimate will be needed to accomplish everything you have told us you want to achieve.
Any changes to projects must be requested via email. After a reasonable number of changes (2 sets of full corrections) have been completed Web SEO Assist reserves the right to send a separate quotation for any further alterations (you will be advised prior to this).
You will be invoiced for the balance of payment after the 2nd set of corrections. No further work will be completed until this is paid.
Hosting
Managed hosting will be provided by us upon acceptance of the quote. If you prefer to use an alternative supplier, this must be agreed prior to accepting the quote and additional development costs may apply.
Your first year’s hosting is included. This gives you up to 3GB of space on my server and up to 5GB email space (upgrades are available, however, a charge applies). If at any stage you choose to cancel the project with Web SEO Assist the first year’s hosting is non-refundable.
If the website requires a higher specification hosting package this will be advised to you; we may not be aware of server requirements until after commencing the project. Any modifications or additional server software required in order for the website to function will be quoted for (including higher-level SSL certificates) separately.
If you want to move the website to another hosting provider we reserve the right to charge an administration fee for the move. This will vary depending on the complexity of the website and the chosen hosting provider.
No guarantees can be made as to the availability or interruption of the hosting service. We cannot accept any liability for losses caused by the unavailability, malfunction or interruption of this service.
Hosting Restrictions
You may not, under any circumstances, have any content on your website or in your email accounts that would be considered illegal, offensive, inflammatory or racist.
You cannot use your email account to send spam, phishing or mass emails. If in doubt – ask.
Domain Names
If you do not already own a domain name(s), we can recommend and purchase this on your behalf and manage it for you.
For existing domain names, you will need to either pass us the access details or modify the details yourself in order for the website to go live.
Phase 3 – Completion
Going Live
Web SEO Assist strives to keep down time to a minimum when launching a website and/or moving from another host. Please allow for up to 24-48 hours of propagation time for a new site going live depending on where the hosting server is located.
Emails
Web SEO Assist can provide support in the setting up of email accounts if requested, prior to acceptance of the quote. However, we will not be responsible for the ongoing maintenance and support of email accounts. We reserve the right to charge extra regarding email issues as a result of outdated or non-standard setups.
Website Optimisation
Although we will endeavour to create a website that is search engine friendly, we cannot guarantee that the website will achieve rankings with any search engines.
Website Design Credit
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on web sites, in magazine articles and in books about web design.
A credit and link to Web SEO Assist will be placed within the footer of all Web SEO Assist designed websites.
Backups
Web SEO Assist does not keep monthly backups stored unless agreed upon with the website maintenance and support plan.
Website Security
Although Web SEO Assist makes every effort to provide the most secure website, due to the nature of rapidly advancing technology, we cannot guarantee that the site will not be subject to security breaches. We recommend the use of strong passwords and the observance of standard security practices.
Website Maintenance & Updates
We offer ongoing maintenance and support packages and highly recommend that you at least consider them. If you do not take out one of the maintenance and support packages you must carry out updates to WordPress, any theme and plugins in a timely manner (monthly). This is due to the very high risk to the security of not only your website, but also other websites on our server. Failure to carry out updates will result in a warning. Further failure will result in the necessary work being carried out at your expense, or access to the website being restricted and content temporarily and then permanently removed.
Testimonials
If a testimonial is given, via online platform or by email, Web SEO Assist retains the right to use that testimonial and headshot on its website as well as publishing to newsletters, social media, etc.
Acceptance
Acceptance of the quote and these terms of business is confirmed by you signing this Esign agreement. Upon receipt of this and the initial payment (as detailed in “payments” below) the project will be scheduled and a completion date confirmed.
Subsequent changes to the accepted quote may affect the agreed delivery date.