The following terms and conditions apply to all website development / design services provided by Lesley Clarke Web Design to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted my terms and conditions.
Charges for services to be provided by Lesley Clarke Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Lesley Clarke Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
After upload of website any additional work will be charged at £25 an hour. This includes, but not limited to, adding or updating posts, blogs, pages, images, forms etc. Essential security maintenance of the site will be required periodically by updating WordPress, installed plugins and themes.
Meetings, site visits and travel time will also be charged at the hourly rate of £25.
WordPress tutoring will be charged at an hourly rate of £25.
Services including, but not limited to, creating and updating social media sites (e.g. Facebook, LinkedIn) and updating, maintaining and adding SEO to existing client sites that I have not created (e.g. Shopify, EKM, WordPress) will be charged at the hourly rate of £25 per hour.
In almost all cases, I will quote and invoice a flat rate for the project before starting. For rare cases that are too unpredictable to quote without overcharging, a range will be given and the hourly rate will be in affect.
New clients will be asked for a minimum of one hours fee upfront, i.e. £25
Payment for services is due by bank transfer. Details will be made available on invoices.
My hourly rate is £25 per hour.
- Client Review in respect of Website Design
Lesley Clarke Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Lesley Clarke Web Design otherwise within five (5) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control
Lesley Clarke Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Lesley Clarke Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Lesley Clarke Web Design.
In return, the Client agrees to delegate a single individual as a primary contact to aid Lesley Clarke Web Design with progressing the commission in a satisfactory and expedient manner.
During the project, Lesley Clarke Web Design will require the Client to provide website content; text, images, movies and sound files.
- Failure to provide required website content
Lesley Clarke Web Design is a small business, to remain efficient I must ensure that work I have programmed is carried out at the scheduled time. On occasions I may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why I ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because I have not been given the required information in the agreed time frame, and I am delayed as result, I reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation I need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide me with the required information and subsequently fail to do within one week of project commencement I reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, please do not give me the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact me if you need clarification on this.
Invoices for website construction and design will be provided upon completion but before publishing the live website. Payment is due upon receipt and before the site is published.
Invoices for website updating and maintenance will be provided upon completion and payment is due immediately.
Invoices are sent via email. Accounts that remain unpaid for thirty (30) days after the date of the invoice will be charged interest at the rate of 8% plus the Bank of England base rate per annum (from the date of invoice) on the total amount due until payment is received.
- Additional Expenses
Client agrees to reimburse Lesley Clarke Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of premium themes, premium plugins, special fonts, stock photography etc and the creation of logos and favicons by an external designer and copy writing by an external copy writer.
- Web Browsers
Lesley Clarke Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Google Chrome, etc.). Client agrees that Lesley Clarke Web Design cannot guarantee correct functionality with all browser software across different operating systems.
Lesley Clarke Web Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Lesley Clarke Web Design reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Please note: as older versions of Internet Explorer are no longer supported by Microsoft it is possible that some sites may no longer perform perfectly on this browser.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Lesley Clarke Web Design’s Web space, Lesley Clarke Web Design will, at its discretion, remove all such material from its web space. Lesley Clarke Web Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Lesley Clarke Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lesley Clarke Web Design in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Lesley Clarke Web Design services may be used for lawful purposes only. You agree to indemnify and hold Lesley Clarke Web Design harmless from any claims resulting from your use of my service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Lesley Clarke Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Lesley Clarke Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Lesley Clarke Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Lesley Clarke Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Lesley Clarke Web Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Design Credit
A link to Lesley Clarke Web Design will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Lesley Clarke Web Design’s portfolio.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Lesley Clarke Web Design must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
After site completion, a Client or a third party of their choosing may wish to edit their website themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the site themselves. If the Client or a third party of their choosing edits the website and this results in functionality errors or the page displaying incorrectly, then Lesley Clarke Web Design reserves the right to quote for work to repair the website.
Lesley Clarke Web Design therefore cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
The Client accepts sole responsibility for the use of the website provided and for backing up data regularly.
- Domain Names and Hosting
Lesley Clarke Web Design may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Lesley Clarke Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Whilst Lesley Clarke Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Lesley Clarke Web Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of my terms and conditions.
- Governing Law
This Agreement shall be governed by English Law.
Lesley Clarke Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Lesley Clarke Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Lesley Clarke Web Design will not be liable to the client for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Lesley Clarke Web Design shall use reasonable endeavours to protect the Clients data but does not guarantee its security from theft or duplication by third parties or that information will not be corrupted, lost or damaged. Lesley Clarke Web Design shall not be liable to the Client if any of these, or related events occur.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.