Website Design Terms and Conditions
1.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 organization. You’ll give me everything I need to complete the project as in when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Consultant: 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 deadline that’s set and on top of that I'll maintain the confidentiality of everything you give me.
2.Design
I create look-and-feel designs, using Squarespace (SS) and their available templates and custom CSS coding (if applicable). Squarespace's sites are inherently mobile friendly for every device and I do everything possible to make your website look amazing no matter where it is viewed.
The starting package is for a 5-page website; if your site requires more features, your estimate in (12. Payments) will reflect that. You’ll have plenty of opportunities to review my work and provide feedback. You will have a unique password to view the site as it is being developed and have regular contact on its status. 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 until that point and cancel this contract.
3.Text content
I'm not responsible for writing or inputting any text copy. Any writing or text copy will need to be provided by you.
4.Photographs/Videos
You should supply graphic files in a digital format and in as high of a resolution as possible. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that. The same is true for videos. I reserve the right to deny the use of any photos or video that are offensive or not in good taste.
5.Technical support
As part of the basic website package, I offer support setting up social media integration, scheduling embedding, and domain transfers. However, I'm not a website hosting company so I don’t offer on-going support for website hosting, email, or other services relating to hosting. If there is ever a difficulty with your website once it is live, I will help you contact Squarespace to get to the bottom of the problem and come up with a solution.
6.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, but I'm happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that. I do not do a monthly maintenance charge, and if a problem is minor, I will fix it at no charge to you. If the changes or revisions take longer than 15 minutes, you will be billed by the quarter hour at my current hourly rate.
7. Domain Registration
Designs by Danielle cannot guarantee the availability of any domain name. If I were to register a domain name on behalf of you, I will endeavor to do so, but you should not assume a successful registration.
8. Search Engine Optimization
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Designs by Danielle cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
As part of the initial build or redesign of your site, I will make sure each page is set up with proper SEO keywords pertinent to your business or organization as outlined in our initial correspondence and provide instructions on how to submit your sitemap to search engines, but additional SEO work is not included. To further your ranking, I recommend that you use a professional SEO company, but I accept no responsibility for services provided by companies I may recommend.
9. Legal stuff
I can’t guarantee that my work will 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, 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.
10. Licensing
Any design, copywriting, drawing, idea, or code created for you by Designs by Danielle, or any of my contractors, is licensed for use by you on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Danielle Kays and any of its relevant sub-contractors.
All design work, where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Designs by Danielle will not be held responsible for any and all damages resulting from such claims.
I am not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. You agree not to hold me responsible for any such loss or damage. Any claim against Designs by Danielle shall be limited to the relevant fee(s) paid by the customer.
11. Copyrights
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. Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. 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 elements of text, images and data you provided, unless someone else owns them.
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.
You will be made an administrator of your site within Squarespace (with Designs by Danielle left as a contributor so that I can make necessary changes and revisions). You will also be responsible for keeping the site active and paid on a monthly or annual basis.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are your responsibility.
By supplying images, text, or any other data to Designs by Danielle, you grant me permission to use this material freely in the pursuit of the design.
Should Designs by Danielle, or you supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, but later appears to have copyright or royalty usage limitations, you will agree to allow me to remove and/or replace the file on the site.
You agree to fully indemnify and hold Designs by Danielle (Danielle Kays) free from harm in any and all claims resulting from you in not having obtained all the required copyright, and/or any other necessary permissions.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, social media, print media, etc. I also reserve the right to put a link to my business in the footer of your website.
12. Payments
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. A 50% deposit is required to book your live date. The remaining balance can be paid in installments as desired, with the final payment due prior to the site going live. All prices are USD. It will be your responsibility to pay future invoices of monthly/annual subscription costs for Squarespace or any third-party addons that you have approved during the course of the website build.
For projects with multiple phases the same payment terms will apply to each phase. This means that phase one (1) would require a deposit and balance as would phase two (2) and so on. Designs by Danielle will invoice you at the time of the signed contract agreement which will act as the deposit. The remaining balances will be billed at the conclusion of each phase.You will supply me with all necessary purchase order numbers and other internal information required for invoice processing before the close of the month of work (if applicable).
Any additional costs (such as external supplier editing fees) will be invoiced monthly and are due within 15 days.
You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 15 day payment terms. In the event payment is not made within 15 days, Designs by Danielle will charge a late payment fee of 10% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs I pay for carrying overdue invoices from you. In addition, I reserve the right to stop work until payment is received.
13. Period of Agreement & Notice of Termination
Our contract shall become effective as of date signed and shall continue until terminated by either party upon not less than 30 days’ notice in writing given by either party to the other.
TERMINATION FOR CAUSE
Either of us may cancel the contract if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., I have properly committed myself to purchase for your account, (either specifically or as part of a plan such as modules, photography/artwork, and/or external services) shall be paid for by you, in accordance with the provisions of our contract. I agree to use my best efforts to minimize such liabilities immediately upon written notification from you. I will provide written proof, upon your request, that any such materials and services are non cancelable.
MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by me or any services performed by me for which you have not paid me in full, until such time as you have paid me in full you agree not to use any such materials, in whole or in part, or the product of such services.
TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to Designs by Danielle, I shall transfer, assign and make available to you all property and materials in its possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials, if applicable.
14. The horrible small print:
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. 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 the United States of America and Washington State.