TERMS OF AGREEMENT

This document contains some important information which you need to read before hiring me to build you a website. You won’t find complicated legal terms or large passages of unreadable text but the intention is to give you a clear understanding of what it is you are paying for, what you are not paying for and what is expected of either party involved!


You (the Client) are hiring me (Sarah Broughton) to develop and build a website for the price outlined on my website (www.pineapplelily.co.uk) or for the price agreed in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.

As my customer, you have the power and ability to enter into this agreement on behalf of your company or organisation. You agree to provide me with everything that I need to complete the project including text, images (not including those that may be provided as part of your Package) and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this agreement.

I will carry out the development of your new website in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.

I will develop designs for the look-and-feel, layout and functionality of your web site. This agreement includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay me in full for all of the work that I have produced until this point and you may either cancel this agreement or continue to commission me to make further design revisions at the hourly rate as detailed on my website, or as agreed in any previous correspondence. I will test all my HTML/XHTML markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. I will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.

I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac.

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the web site are either owned by your yourself, or that you have permission to use them. When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that I create for you for this project. All of these files will be available to you on your webhost server and you may request a copy of your files at no extra charge. You should store your files really safely as I am not required to keep them or provide any native source files that I used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. I own the XHTML markup, CSS and other code and I license it to you for use on only this project.

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I am also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Once you have agreed to the design and layout, in principle, you will pay me the sum of 50% of the Basic Package Plan as detailed on my website under Pricing. This is an initial payment for the work done to date and is non-refundable. Once your new website has been uploaded, and tested to your satisfaction, you agree to pay to me the final amount due, in line with the work completed and costed as detailed on my website (www.pineapplelily.co.uk) or as agreed in previous correspondence. My normal working hours are 09.30 - 5.30pm Monday to Friday. Any work that I agree to outside of these hours, for example to meet an urgent deadline, will be charged at my hourly rate in addition to your package fees.

Following the upload of your website there is a window of 14 days provided for any small amendments. Additional pages at this point are not classed as small amendments and are charged out as detailed on my website or as agreed in previous correspondence. On-going maintenance following the 14 day period is charged out at my hourly rate as detailed on my website. This hourly rate is broken down into 15 minutes, so if it is just a telephone number you need changing you will not be billed for the whole hour! Post completion, any urgent admin/maintenance work that I agree to, outside of my normal hours, will be billed at double my hourly rate.

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.

Just like a parking ticket, you cannot transfer this agreement to anyone else without my permission. This agreement stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of English courts.

By hiring me to create a website you are confirming your agreement to the above.

Thanks for reading!

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