This Website Design and Development (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Client”) and applies to the purchase of all Website Design and Development Services (hereinafter collectively referred to as “Services”) ordered by Client.
Please note that we have separate terms and conditions that additionally relate to our website hosting services (“Hosting Service”) and also our domain services that include registration and renewal (“Domain Registration and Renewal Service”). The Hosting Service and Domain Registration and Renewal Service is provided by Fertile Frog Ltd through our trading name Strategiic. Those terms and conditions can be found here.
It is not necessary for any Client to have signed an acceptance of these terms and conditions or the Hosting Service and Domain Registration and Renewal Service terms and conditions for them to apply. If a Client accepts a quotation or proposal, 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 our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Fertile Frog Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fertile Frog Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all professional website design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty three (33) percent is required after the development stage, with the remaining thirty three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
On occasions when the project is priority work, the advanced payment is fifty (50) percent of the project quotation total. A second remaining charge of 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.
Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to Fertile Frog Ltd and sent to Fertile Frog Ltd, 20 St George’s Street, Chorley, Lancashire. PR7 2AA. Bank details will be made available on invoices.
PAY MONTHLY WEBSITES
Charges for Pay Monthly Website services to be provided by Fertile Frog Ltd or our separate Strategiic trading name, are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fertile Frog Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
The total cost for Pay Monthly Websites is spread over 12 monthly payments. These plans are designed for small businesses around affordability. By agreeing to work with us, you confirm that you have allocated the funds and that the amount is manageable for your business finances.
A Pay Monthly website includes a Free Domain (predominantly .co.uk and .com TLDs, unless otherwise agreed), Hosting, a Free SSL Certificate (requires a domain managed through our platform), and an allocated number of Stock Images defined in the chosen website package. Due to Fertile Frog Ltd providing and/or paying for those services in advance, you confirm that no refunds can be given. Terms for hosting and domain services are managed under our Strategiic trading name can be found here.
The schedule of payment starts from the date of the quotation acceptance, with the first monthly payment being due on such approval. Unless otherwise agreed in advance, Pay Monthly Websites will always be via Direct Debit. This is to reduce administration costs and provide the Client with a cost-effective service. Should the Client prefer to pay via BACS or cheque, then a 20% surcharge is applicable to each payment.
It is important to note that with Pay Monthly Websites, the monthly payment starts on the Client quotation acceptance. To get the best value from our service and get your website online at the earliest, we would require the full cooperation and content provision. Fertile Frog Ltd will not be liable for delays in which the content has not been provided.
Once all twelve (12) monthly payments have been made, ownership of the website will be passed to the Client. Should the Client wish to terminate the packages before the final payment is made, the remaining balance will be due. This is due to the time we invest in advance in planning, designing, developing and allocating Services.
TURNAROUND TIME AND CONTENT CONTROL
In return, the Client agrees to delegate a single individual as a primary contact to aid Fertile Frog Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Fertile Frog Ltd will require the Client to provide website content; text, images, movies and sound files.
FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT:
Fertile Frog Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the overall pro. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us 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 us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Unplanned components, project delays, ideas, revisions, and project scope happen – when there is an unexpected event that will incur a cost, we will notify you ahead of time and will not produce unless we receive clear approval for increased budget and timeline.
Hourly rate: £65/hour, billed to the quarter of an hour through our online billing and desktop hour tracking software. However, most additional projects and/or project modifications will be scoped and bid on a fix-price basis.
Fertile Frog Ltd 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, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Fertile Frog Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Fertile Frog Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Fertile Frog Ltd 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.
The client can request a refund for their project before ANY work has begun, a 100% refund will be issued to you. However, once any of our staff begin work, including but not limited to research, designing, coding, etc, there are no refunds.
Once your website files are transferred to a server of your choice, there are no refunds. We cannot guarantee 100% function on another server after your website is completed on our demo server. We cannot be held responsible for lack of resources on your selected server or incompatible server settings. We will do what we can and offer up to 3 hours of troubleshooting, but we will start billing £65/hr once we’ve exhausted our allotted time.
STANDARD MEDIA DELIVERY
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 Fertile Frog Ltd 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.