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

ACCEPTANCE

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

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.

CLIENT REVIEW

Fertile Frog Ltd 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 Fertile Frog Ltd otherwise within ten (10) days of the date the materials are made available to the Client.

TURNAROUND TIME AND CONTENT CONTROL

Fertile Frog Ltd 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 Fertile Frog Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fertile Frog Ltd.

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.

ADDITIONAL BILLABLE:

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.

PAYMENT

Invoices will be provided by Fertile Frog Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

ADDITIONAL EXPENSES

Client agrees to reimburse Fertile Frog Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

WEB BROWSERS

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.

DEFAULT

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 Fertile Frog Ltd’s Web space, Fertile Frog Ltd will, at its discretion, remove all such material from its web space. Fertile Frog Ltd 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 Fertile Frog Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fertile Frog Ltd in enforcing these Terms and Conditions.

PROJECT CANCELLATION

Projects can be cancelled by our direct Client or Company management. If the project is cancelled by our Client during or after the website is transferred, there will be no refunds. No responses by a Client regarding a project for 30 days is considered abandoned. If the project is cancelled by Company due to Client not responding after 30 days, there is absolutely no refund. Any amounts owed to Company must be paid immediately. If the Client wishes to re-activate the project, the cost is £500 per project and must be paid before the project is reactivated.

REFUNDS

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.

TERMINATION

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.

INDEMNITY

All Fertile Frog Ltd’s services may be used for lawful purposes only. You agree to indemnify and hold Fertile Frog Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

COPYRIGHT

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Fertile Frog Ltd 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 Fertile Frog Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Fertile Frog Ltd 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 Fertile Frog Ltd 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 (ASCII text files delivered on floppy disk or 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 Fertile Frog Ltd 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 Fertile Frog Ltd 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 Fertile Frog Ltd’s portfolio.

POST-PLACEMENT ALTERATIONS

If the Client’s website is to be installed on a third-party server, Fertile Frog Ltd 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.

DOMAIN NAMES

Fertile Frog Ltd 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 Fertile Frog Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

GENERAL

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is also an acceptance of our terms and conditions.

GOVERNING LAW

This Agreement shall be governed by English Law.

LIABILITY

Fertile Frog Ltd 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 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.

SEVERABILITY

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.
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