We / Us: Cardiff Web Development Ltd
You / Client / Your Company / Your Organisation: You as the client
As our Client, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything we need to complete the project, including text, images and other information and/or assets as and when we need it and in the format we ask for. You agree to review our work, provide feedback and written approval (electronically via email is just fine) in a timely manner too. Deadlines work two ways; you will also be bound by any dates that we set together. You also agree to stick to the payment schedule per project.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner to the best of our ability. Along the way we will endeavour to meet all the deadlines set but we cannot be responsible for a missed launch or a missed deadline if you have been late in supplying materials, information and/or assets or have not approved or signed off on our work at any stage.
We respect and understand the need to keep things private and we will never distribute or disclose any private information and/or data to any third party without your prior consent. We will continuously maintain the confidentiality of your information and data throughout all phases of business relationship and will remove or permanently destroy any information and/or data we may have once we no longer require it to complete our job.
We will create designs for the look and feel, layout and functionality if this is part of your project as agreed. This includes one initial design chosen from up to two concepts plus the opportunity for you to make up to three rounds of revisions. If you are not happy with the designs at this stage, you will pay us our hourly rate for any additional work carried out until you are happy with the result. This rarely happens, and we are confident that you will be happy with our initial designs and any further revisions made thereafter.
If the project includes HTML and/or CSS code, we will develop these using HTML 5 and CSS 3. The landscape of web browsers and devices changes regularly, and our approach is to look forward and not back. With that in mind we will test our code in current versions of all major browsers at the time of development to ensure we get the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We will not test or support unpopular, old or abandoned browsers unless otherwise specified.
We are not responsible for writing or inputting any text copy unless agreed otherwise. We will be happy to help though: if provided we will gladly insert any text or media you may have during the final development stage, providing it is a reasonable amount and it is supplied to us in the appropriate format. Any additional content creation or insertion work carried out by us will be charged at our hourly rate.
You will supply us with photographs/images in a suitable digital format. If you choose to buy stock photographs we can recommend suppliers of stock photography and we will be happy to purchase them on your behalf and charge you for them accordingly.
We know from plenty of experience that fixed price contracts are rarely beneficial to you as they often limit you to your first idea about how something should look or how it might work. We don't want to limit either your options or your opportunity to change your mind. The quotation prices we give you are based on the time that we estimate we need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won't be a problem. You will be charged at our hourly rate for any additional work carried out by us.
You may already have web hosting; if that is the case then if it meets the requirements of the project we will be happy to use it. Alternatively, if you do not already have web hosting we can provide this for you. If you choose to use third-party hosting not provided by us our support capabilities may be impacted and limitations may need to be put in place.
We are not a domain registrar; however, we will be happy to manage your domain names on your behalf. Any registration, renewal, transfer or any other charges incurred for managing your domain names will be passed on to you and you will be liable for paying them. If you fail to pay within our standard payment terms as indicated on all of our invoices we have the right to retain ownership and full control of any domain names for which the balance has not been settled in full within our standard payment terms.
We will provide support during the design, development and setup of your website and/or web application. We will also provide support, by phone or by email for the first three months after completion to a single appointed individual within your organisation, subject to fair use. Additional ongoing support & maintenance contracts can be arranged if required.
We can't guarantee that the functions contained in any website or web application will always be error-free, and so we 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 any aspect of this project and any other web pages and/or functionality, even if you have advised us of the possibilities of such damages. We also can't guarantee that as web browsers improve and progress that any website or web application will always be fully functional and error-free within those new versions. In the event of any failures, errors, bugs or issues caused by the change in third party software we will charge our standard hourly rate to resolve these.
If any provision of this agreement shall be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. You can't transfer this contract to anyone else without our written permission. We have written this contract in such a way to make it easy to understand, and although the language is simple the intentions are serious, and this contract is a legal document under the exclusive jurisdiction of English courts.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks or other artworks and/or assets that you provide to us for inclusion into the project are either owned by your selves or that you have written permission to use them. We retain ownership of all files, assets, designs, concepts, data and any other items which make up the project until we receive your final payment in full. When we receive your final payment, copyright and ownership is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project along with all bespoke source code, bespoke files and associated application data. We will give you a copy of all files if requested and you should store them safely as we are not required to keep them or provide any native source files we used to make them. You also own text content, photographs, images and other data you have provided, was purchased for exclusive use within this project, or any data that was obtained, e.g. user data, unless someone else owns them. We provide the code to you solely for the purpose of this website and/or application unless stated otherwise. Fees may apply if you wish to sell all or part of the code or reuse any part of it in another project. We reserve the right to display and link to your completed project as part of both our print and online portfolio. We may also use your project in case studies and other material.
We will send you invoices for each of the payments due. We are sure that you understand how important it is that you pay the invoices that we send you promptly. You agree to stick to the payment schedule and you understand that there may be fees for late or missed payments. Any domain names, credentials, assets, data, code or anything else will only be transferred to you once we have received 100% of the total agreed amount and that there are no outstanding amounts owed by you on any project or asset. We retain full ownership of the code and assets until we have received your final payment.
If the total project duration exceeds 200% of the original agreed timeframe due to lack of communication, delay in providing us with what we need, delay in providing us instruction to launch or any other reason at our own discretion, we reserve the right to cancel a project in its entirety and immediately invoice and/or charge you for any and all outstanding amounts up to the total value of the project.