Terms & Conditions for Website Design Projects
The client: Also referred to as ‘You’, the company, business or client, authorised representative of the client.
i4design: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The project: i4design will issue you with an estimate and/or proposal outlining an interpretation of your brief, the scope of works, work method and deliverables. For the purposes of this document, the project may also be titled ‘work’, ‘proposal’, ‘quote’ or ‘estimate’.
I will always attempt to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down. In this contract you won’t find complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what’s best for the safety of both parties, now and in the future.
As an i4design customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide i4design with everything that’s needed to complete the project – including text, images and other information – as and when required. You agree to review i4design’s work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set together.
CURRENCY & GST
All monetary amounts mentioned in quotes and on the i4design website are in NZD (New Zealand Dollars). i4design is not GST registered, therefore all prices displayed are the total amounts that will be invoiced.
i4design accepts payment via direct bank deposit, Stripe and PayPal. The client agrees to settle accounts within 14 days of receipt of invoice. i4design will be under no obligation to proceed to an ensuing stage of the project until all invoices have been paid in full. i4design reserves the right to withhold the live implementation of the project until outstanding payments have been settled. Late or non-payment of invoices, following a 30-day reminder from i4design, will allow i4design to suspend or remove any related website content. Non-payment on an invoice for a service may cause all services, including email and hosting, to be affected.
Unless stated otherwise, a 30% non-refundable deposit of the total fee is payable before work will commence. At the discretion of i4design, the remaining amount will be due in accordance with the project stages outlined in your proposal. i4design reserves the right not to commence any work until the deposit has been paid in full.
A 30% deposit of the total fee is due before work will commence. A progress payment is due approximately mid-way through the project. An invoice for the balance will be sent to you when the website has been made live or that the work outlined in the brief has been completed and the site has been handed over to you.
DESIGN & REVISIONS
The quote supplied to you includes one main design plus the opportunity for you to make up to three rounds of revisions – this does not include extras outside of scope and is limited to small design and functionality changes. The prices in the quote are based on the amount of work were estimated in order to accomplish everything that you have told i4design you want to achieve. The rule of thumb is that if it isn’t written down, it’s not part of the original agreement.
Any modification or alteration which increases the time to complete a design (beyond the proposed and stated deliverables) may result in supplementary charges. You will be notified when moving into additional design time and will be charged for at the quoted hourly rate or at the fixed fee attributed to that service.
TIME & DELAYS
Any time frames or estimates that I give are reliant upon you providing me with accurate and timely information, content and feedback. I require a single point of contact from your side to be made available in order to keep the project on track.
Should there be any additions or alterations to the brief, I will keep you informed of both work and fee status during the design and production program.
If you do not provide required information or respond to i4design in a reasonable amount of time, the timeline for the project may be affected. i4design will not be liable for any loss or damage, nor will not be held accountable, for a missed deadline if you’ve been late in providing requested content.
Content includes, but is not limited to, photographs, text and your logo files. If the project is delayed due to the late supply of content, I have the right to extend any agreed deadlines by a reasonable amount.
If you’re unable to provide i4design with the necessary content to complete the website build within the agreed time-frame I can park the site for you. There’s no charge for parking, but there is a $300 fee to re-install the site, get it back up and running, and continue work on the project.
During the build stage, after 3 months of not receiving replies to emails, I will deem the project abandoned and all work on it will cease. The website will be removed from the server and a backup of work completed up to when it was pulled will be supplied only if requested.
HOSTING & MAINTENANCE DURING THE SITE BUILD
There’s cost in keeping a website up-and-running, even when it’s in the development stage. The Hosting and Care Plan fee kicks in after 90 days from the project start, or when the website goes live – whichever comes first.
Once payment has been received and the project has commenced, you must be available via e-mail to answer questions and complete tasks throughout the design process. If you require details of the project to be conducted by phone, please let me know in order to make arrangements. All important information between us is to be handled or confirmed via e-mail to ensure a record of communications.
You’re responsible for arranging any necessary legality of website content. i4design will not be held liable for any legal penalties as a result of content supplied by your direction to be included as part of the completed website.
All i4design clients are required to sign up to an annual Maintenance/Care plan. The plans range from Budget, which consists of basic website updates and maintenance – to Premium, which covers maintenance, support, updates, optimisation and other services.
Unless outlined in the project proposal, or specifically requested as part of the process, WordPress and other software training is not included.
LICENSES OF THIRD-PARTY PRODUCTS
I offer services which often incorporate the use of third-party services and products. I may install these products on to your site utilising a ‘developer license’. Should you decide to engage the services of another web developer after the site is launched, I reserve the right to rescind/revoke/cancel my developer licensing on your website. In this eventuality the plugins will remain active and working on the website, but without a valid license they can not be updated to the latest version. You can however, obtain these licenses for yourself directly if required, or use your new web developer’s licensing.
As stated in the project proposal, I’ll perform on-page Search Engine Optimisation (SEO), according to current best practice using third-party supplied tools. Additional, on-going specialist search engine work requested will be charged for as a separate service, beyond website design and development.
The fact that I’ve had amazing results with clients in the past, while encouraging, should not be considered an infallible predictor of future performance. I cannot promise that you will see the same results. Because I have no control over how Google works I can’t guarantee that any of my SEO efforts will result in positive improvement in your search engine results rankings.
CROSS BROWSER COMPATIBILITY
Websites created by i4design will be viewable and usable in the latest versions of Microsoft Internet Explorer, Mozilla Firefox and Chrome.
Whilst every effort is made to ensure uninterrupted services, i4design does not guarantee that the functions and services provided by its web servers, mail servers, web sites and software will always be uninterrupted, timely and secure or error free. i4design will not be held responsible for any losses incurred as a result of server down time. Any issues that arise from hosting with another provider are not the responsibility of i4design.
Technical support for website hosting, email or other services relating to website hosting for clients who have their websites hosted on the i4design server will be provided by i4design. I will liaise directly with the server host on your behalf if required.
cPanel and FTP ACCESS
I do not provide cPanel access or FTP access due to security reasons. In the event you wish to pursue with this access level I can organise the packaging of your website for you to use with your new hosts.
I reserve the right to deny support and design services for rude or unpleasant customers.
I will do everything possible to satisfy your needs, but if a refund is requested, you will have to pay for all requested revisions beyond the initial designs. The remaining amount will be refunded to you depending on how the payment was made. Negotiations for full refunds will not be considered.
I may ask you for passwords and details in order to fulfil the requirements of the project. I will undertake not to misuse any confidential information that may be made available. You agree not to disclose the fees charged by i4design. You are responsible for keeping confidential any passwords and usernames issued to you by i4design.
Any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to i4design for inclusion in the website must be either owned by you, or you must have permission to use them. Requests for layered artwork will be considered but please note the copyright of all original work remains with i4design.
The website is made for you and you can’t sell or give away copies, or sell the theme or any components of the site. I use third party tools such as themes and plugins, and any licensing is limited to your website and not necessarily transferable to any other website.
WordPress is open source software which means you can’t own it and I can’t grant any rights to it. The WordPress framework is granted as open source under the GNU General Public License (GNU) v3.0 which is an open source certified license. More information about this type of license can be found at www.gnu.org/licenses/gpl.html
The website content given to i4design belongs to and will always remain under the ownership of the client.
After the completion of the project, I might include the design I created for you in our portfolio and do a mini-feature on my site. You are under no obligation to do so but your feedback is always appreciated.
Client acceptance of the i4design Project Terms & Conditions