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.
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 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.
Unless agreed otherwise with the Client, all 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, 36 Kingsmead, Chorley, Lancashire. PR7 3JY. Bank details will be made available on invoices.
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:
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%. 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.