Introduction
By hiring The Lonely Pixel Limited for web design and development services, you are agreeing to the following terms and conditions. These terms ensure both parties are aware of their responsibilities and outline the procedure for handling any issues that may arise.
What do both parties agree to do?
- Client: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give me everything I reasonably require of you to complete the project as and when and in the format I need it. You’ll review my work; provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together, as will I.
- The Lonely Pixel Limited 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 endeavour to meet every deadline that’s set. I will not take on any other projects during the time that I am working on your project that would effect my ability to deliver your project on schedule.
Getting down to the nitty gritty
If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I’ve produced to that point and and terminate this contract.
If one of us is in breach of our obligations to the other then the non-breaching party shall be entitled to terminate this contract immediately by written notice if the breach cannot be remedied or if it has not been remedied within 7 days of written notice asking for such a remedy.
Web Design
I create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. I create designs iteratively and use predominantly HTML and CSS so I may not waste time mocking up every template as a static visual. I may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) You’ll have two or more opportunities to review my work and provide feedback.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
Text content
I’m not responsible for inputting all text and images into your content management system. Every page we have a design for will be populated and training will be provided on how to add the content for the remaining pages yourselves. I provide professional copywriting and editing services, so if you’d like me to create new content, I can provide a separate estimate for that.
HTML, CSS and Javascript
I deliver templates developed from HTML5 markup, CSS2.1 + 3 Stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours.
Browser 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.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won’t test in other older browsers unless I agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
Mobile browser testing
Mobile browser testing 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. I test my designs in:
iOS 15: Safari, Google Chrome
Android: Google Chrome on Android Emulator
I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless I agreed separately. If you need me to test using these, I can provide a separate estimate for that.
Search Engine Optimisation (SEO)
I don’t guarantee improvements to your website’s search engine ranking, but the web pages that I build are accessible to search engines.
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve in the initial scope, but I’m happy to be flexible.
Surcharge
Occasionally you as a client will want or need extra work to be carried out that was not part of the original agreement or estimate. This is no problem; any extra work will be billed at a daily rate of £400 + VAT.
Technical support
I’m not a website hosting company so I don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I can set up an account for you at one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
Warranty
I will provide bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the staging version of the website. All bug fixes outside of the project scope or after the grace period are the responsibility of the client. Hourly projects are not subject to warranty. Design and the placement, editing and arrangement of editorial content are not subject to warranty. Should further support be necessary, a support contract may be negotiated.
White Labelling
As part of our white labeling agreement, agencies should expect complete discretion and non-disclosure of our direct involvement. All project deliverables can be branded with your agency’s logo and company details. It is your responsibility to communicate your specific branding requirements and guidelines to us before the commencement of the project. We commit to adhering to your branding specifications and ensure that all deliverables appear as if they were produced by your agency. Any acknowledgment of our involvement will not be made public, unless explicitly agreed upon in writing. Please note, the terms of the white labeling service, including any additional fees and the scope of the rebranding, should be clearly defined and mutually agreed upon prior to the initiation of any work.
Legal stuff
I’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, I can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so I can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised me of the possibilities of such damages.
Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you 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.
Confidentiality
I agree to keep as a secret and confidential all of your confidential and business information, including the terms agreed between us, and not to copy or disclose such information to any third party nor to use it for any reason other than in connection with this project, without your prior written permission.
Intellectual property rights
Just to be clear, “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.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.
I guarantee that all elements of the work I deliver to you is either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design and I’ll license its use to you, exclusively and in perpetuity for this project only, unless I agree otherwise that I will transfer ownership rights to you.
Payments
I issue invoices electronically. My payment terms are 14 days from the date of invoice by BACS or by Stripe payment. All proposals are quoted in £ and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 1% per month or part of a month.
I reserve the right on 72 hours’ written notice to freeze all work or services until accounts are settled. You agree to reimburse me for any of the following third party expenses which you have approved and which are necessary in completion of the work; fonts, proofs, props, research, shipping, software, stock photography, travel and telephone consultations.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
Conclusion
This document outlines our working relationship and legal obligations. By proceeding with our services, you agree to these terms.