Red Graphic Website Development Terms and Conditions
Between Red Graphic Cambridge Limited “the Developer†and “the Clientâ€. Red Graphic often trades under the name of Red Web for digital and web based services.
Summary
Both parties agree to do their utmost to fulfill the Client’s needs and meet their expectations. This agreement outlines the responsibilities of each party, including what needs to be accomplished, who is responsible for what and when, and what will happen in the event of any issues or concerns. This agreement will not include any complex legal language or sections of incomprehensible text. Our primary objective is to achieve a mutually beneficial outcome for both parties, both now and in the future.
The Client has contracted Red Graphic to create a website, including design and development services, based on the provided specifications and estimated total cost.
By entering into this contract, the Client confirms that they have the authority to do so on behalf of their company or organization. The Client agrees to provide us with the assets and information required, review our work in a timely manner, and provide feedback and approval as necessary. The Client also agrees to adhere to the payment schedule established in our correspondence.
Design
We will present a website design if it is included in the agreed-upon estimate. We will not proceed to the development stage until we have obtained final approval of the design concept. The design will typically include a homepage and an internal page, unless otherwise agreed.
Our websites are built to be responsive and flexible, and we test them using typical web browser window dimensions and the most commonly used mobile display resolutions.
Due to the potential for browser window size, device rendering capabilities, display configurations, and browser plugins, cookie settings, JavaScript blocking, or outdated web browsers, the final product may not appear or function precisely as we have designed.
If at any point the Client wishes to make changes and is not satisfied with the direction of our work, they will be responsible for paying the full amount due for the work completed to that point, and the agreement will be terminated.
Text and Graphical Content
We cannot be held responsible for editing text or images that may be uploaded to the website, or for creating new website pages beyond those included in the original estimate. The Client is expected to provide graphics, photos, and any other images in high-resolution digital formats. If stock photos are required, we can suggest suitable images for an additional cost per image.
Browser testing
Browser testing ensures that the website is compatible with various web browsers and can be accessed from any device. We will conduct browser testing on all major browsers and platforms, including mobile, to ensure that all users can access the website. Additionally, browser testing should consider possible variations in user experience, such as screen size, resolution, and connection speed. We will also test the website using common smartphone screen sizes to ensure that it displays well for mobile users.
Technical Support
We offer website hosting services using web servers that we rent from a third-party supplier. If the Client chooses to host their website with us, we will provide technical support for any hosting-related issues. However, if the website is hosted elsewhere, we may recommend that the Client contact their hosting provider to resolve any hosting-related issues.
Although we offer an email setup service, we do not offer ongoing support for emails. We typically recommend Google Workspace as a provider, as it is a paid service that offers its own email support.
If we have developed the website for the Client, all bugs and support related to our coding will be covered free of charge for 12 months. After this time, we will charge an hourly fee, with a minimum charge of 0.25hrs. Please note that any issues with third-party plugins used will be subject to a charge. Support for any coding that the Client has done themselves or via another developer will be chargeable.
Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the websites we develop are accessible to search engines and follow SEO common practices.
If you would like SEO services to improve your search ranking, we can provide a separate estimate for that.
Changes and revisions
We acknowledge and respect your right to revise your objectives throughout the course of the project. As per the terms of this agreement, the initial pricing structure is determined by an estimation of the necessary hours and amends required to fulfill your stated objectives, as defined in our estimate. However, we remain adaptable to any alterations or additions to the scope of the project, and will provide a supplementary estimate to account for any additional time required.
Legal
We undertake all work in accordance with the prevailing standards of the industry, and to the level expected of a qualified professional with commensurate experience.
Nevertheless, it must be noted that we cannot guarantee the complete absence of errors in our work. Consequently, we cannot accept liability for damages, such as lost profits, savings or other incidental, consequential or special damages, whether or not they have been communicated to us by you or any third-party.
Your liability to us is also restricted to the amount of fees payable under this agreement, and you will not be held liable for damages, such as lost profits, savings or other incidental, consequential or special damages, whether or not we have communicated such possibilities to you.
Lastly, in the event that any provision of this agreement is deemed unlawful, void, or unenforceable for any reason, that provision will be considered separately from this agreement and will not have any impact on the legality and enforceability of the remaining provisions.
Intellectual property rights
To provide clarity, the term “Intellectual Property Rights” refers to all patents, rights to inventions, copyrights (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, whether registered or unregistered, and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection that may exist now or in the future in any part of the world.
We require your assurance that any text, images, or other artwork provided to us is either owned by you or that you have obtained permission to use them. In providing such materials to us, you agree to indemnify us against any claim by a third party alleging that we have infringed upon their intellectual property rights.
We, in turn, guarantee that all elements of the work we deliver to you are either owned by us or that we have obtained permission to provide them to you. When we provide you with text, images, or other artwork, we agree to indemnify you against any claim by a third party alleging that you have infringed upon their intellectual property rights. Provided that you have fulfilled your payment obligations and this contract has not been terminated, we will assign all intellectual property rights to you as follows:
You will have ownership of the website we have designed for you, as well as the visual elements we have created for it. We will provide you with source files and finished files, and it will be your responsibility to keep them safe, as we are not obligated to maintain a copy. You will retain all intellectual property rights to any text, images, site specifications, and data that you have provided, unless they are owned by someone else.
We will retain ownership of any intellectual property rights we have developed prior to, or independently of, this project and that have not been paid for by you. We will exclusively and perpetually licence the use of the unique combination of these elements that constitutes a complete design to you for this project only, unless we mutually agree otherwise.
Displaying our work
As a professional creative agency, we take pride in showcasing our completed projects, and therefore, we reserve the right to publicly display all aspects of our creative work, including sketches, work-in-progress designs, and the final product. This includes featuring the work in our website, portfolio, articles on websites, magazine articles, and books.
Payment schedule
It is agreed that you will adhere strictly to the payment schedule outlined in our previous correspondence.
Our invoices will be issued electronically and are payable by BACS or the SWIFT international payments system. All quotes are provided in British pounds sterling, and payments will be made at the exchange rate in effect on the date of the transfer.
You agree to bear all charges associated with international transfers of funds. The relevant bank account details will be included in our electronic invoice. We reserve the right to levy interest charges at a rate of 10% per month or fraction thereof on any outstanding debts.
Dispute resolution
In the event of any dispute arising from this agreement, both parties shall attempt to resolve the dispute through good faith negotiations. In the unlikely event that the dispute cannot be resolved, the parties agree to submit to binding arbitration in accordance with the rules of the relevant arbitration association.
Confidentiality
During the course of this project, we may have access to confidential information relating to your business or organisation. We agree to keep this information confidential and not to disclose it to any third party without your prior written consent.
Likewise, we expect that you will keep any confidential information relating to our business or organisation confidential and not disclose it to any third party without our prior written consent.
Termination
Either party may terminate this agreement at any time, provided that they provide written notice to the other party. If this agreement is terminated before completion of the project, you will pay us in full for the time spent working together up until that point.
Entire agreement
This agreement constitutes the entire understanding between us and supersedes all prior discussions and agreements, whether written or oral. Any amendments to this agreement must be in writing and signed by both parties.
By accepting any estimate provided, you are deemed to have read, understood, and agreed to the terms and conditions outlined in this agreement.
We look forward to working with you and producing an exceptional website that meets your needs and exceeds your expectations.