Terms & Conditions: web services
This document sets out the standard terms and conditions under which we (Surfbird Design) will provide you (the Client) with web and print design services:
1. The acceptance of a commission shall be deemed as a contractual agreement between the Client and Surfbird Design.
2. We cannot guarantee to start work immediately on a commission but will arrange with you a date when work will commence.
3. We will agree a fee with you before starting work, based on the information supplied by you in the initial brief. If in the course of a commission the scope of the brief is changed (e.g. a larger amount of material is supplied by you, additional features or pages are requested or the number of proofs exceeds the initial agreement), we reserve the right to charge for any extra work at the studio rate of £50 per hour. Any additional work beyond the original brief will always be discussed and agreed with you first.
4. Unless otherwise agreed, a down payment of 30% of the total fee is required when ordering web services. When the website has met the criteria agreed during the commissioning process, it will be published on your server. Once it has been checked that all elements are fully functional, we will invoice you the remaining amount due for the commission.
5. If, during the website development, you do not supply the content or feedback required in order to complete the commission within a reasonable amount of time, we reserve the right to cancel the commission and invoice you for an amount that we judge to be proportional to the amount of work completed.
6. Proofing of Websites*:
A maximum three sets of design proofs will be included in the set price for each commission. Once the design proofs have been approved, we will place your website in an online demonstration folder so that you can view and comment on the work in progress
7. If pictures need to be sourced a maximum of 10 images will be included in the price for each commission unless otherwise agreed in advance. Images that need to be bought from professional stock libraries are charged separately from the design cost and will be discussed and agreed with you before purchasing. If further proofing or picture research is required beyond the initial 10 images this will be charged at the studio rate of £50 per hour.
8. Surfbird Design expects payment by cheque within 28 days of the date on the invoice. We reserve the right to deactivate a client web site if payment is not received within that time.
9. If you decide to cancel your order once work has started, you will be invoiced an amount that we judge to be proportional to the amount of work completed.
10. You must not provide us with or publish on your website any materials of a pornographic, indecent, offensive or illegal nature. It is your responsibility to make sure your site does not contravene UK or other relevant laws and Surfbird Design will not be held liable for any claims, suits, damages or other disputes which arise in connection with your web site.
11. Any text or images supplied by you for a website or printed publication will remain your property. It is your responsibility to make sure any materials provided by you do not breach copyright laws. The copyright for all material provided by Surfbird Design, such as HTML code, graphics, photographs and text, will remain our property until such time as payment has been made in full whereupon they will become the property of the Client.
12. We make every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display correctly in new versions of browsers released after pages have been designed.
13. We will make sure your website includes all the title and meta tags that are needed by search engines to index your site successfully. We will also submit the site to the main free search engines including Google if this has not been done already. However, we are not specialists in search engine optimization and cannot guarantee high rankings in search engine results. Surfbird Design cannot accept responsibility or liability if a web site is not listed in a particular search engine or directory.
14. We will not disclose to third parties any confidential data or information (including usernames and passwords) made known to us by you, other than with your consent.
15. We reserve the right to alter prices at any time without notice. However, services that have been commissioned before a change in prices will not be subject to an increase.
16. By agreeing to these terms and conditions your statutory rights are not affected. Surfbird Design reserves the right to change or modify any of these Terms and Conditions.