Summary
The following terms and conditions for website design and website services apply to all contracts and work undertaken by Presstwood Design for its clients.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. You won’t find any complicated legal terms or long passages of unreadable text in this contract. We’ve no desire to trick you into signing something you might regret later. We do want what’s best for both parties, so in short;
You (customer name), located at (customer address) (“You”) are hiring Presstwood Design (“We or Us”) to either:
- Design and develop a web site
- Update or make changes to your existing website
- Maintain your website with our website care plan service
For the estimated total price outlined in our previous correspondence. By accepting a proposal or estimate from Presstwood Design, you accept the terms and conditions of this agreement.
Of course it’s a little more complicated, so please see below for the full terms and conditions.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we need to complete the project when we ask and in the formats we request. You’ll review our work, provide feedback and approval within 48 hours of our request. Deadlines work both ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule and terms set out in the proposal or estimate.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and we’ll maintain the confidentiality of everything you give us.
Full Terms and Conditions
Design
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a live preview link for work in progress, and clearly state when we need your feedback and revisions to continue.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Written content
All written content for the website must be supplied. We require all text and copy for your website before starting the website build. To make this easy to get, we’ll send a content template, or shared folder for you to add in the content required to build out the website.
Photo, graphics and branding assets
All imagery, photos and graphics for the website must be supplied. Any videos or photographs should be good quality and in a high resolution digital format. Any graphic files should be in an editable, vector digital format such as AI, EPS or PDF. Stock photography or videos aren’t included in website pricing, but we can provide a separate estimate.
Changes & revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of hours that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. Any changes to the original scope must be agreed to in writing (email is fine) before we start the additional work.
We require that a single point of contact is appointed from your business or organisation so that the process of getting any feedback is straightforward and clear for both of us. For website design builds, we allow and factor in for 2 major rounds of feedback and changes, and if there are significant changes past the feedback stage we reserve the right to quote on the additional time required.
Your responsibilities
You agree to provide all requested information, content, and materials within 48 hours of our request. If you don’t meet this timeframe, our project timeline will be extended by twice the number of days of your delay, but you’ll still need to make payments according to the original schedule. You’re also responsible for any changes to your existing systems, software, or hardware that might be needed to support your new website.
Project delivery
We create and deliver your project on either a production or staging hosting environment, which we will share access for you. Typically this means all the assets for your website will sit on that environment, which includes HTML, CSS, PHP, images and media files and more. This can vary depending on what platform and Content Management System (CMS) is being used to build the website. At the end of the project, we’ll ensure you are setup with full access and handover information about where any project deliverables are stored and how you can access them in the future.
Browser testing
Browser testing doesn’t include attempting to make the website look the same in every browser, but does mean checking that a user’s experience of a design should be appropriate to the capabilities of their browser or device.
We test our designs on iOS for Safari, Chrome & Firefox, and via Chrome emulated devices for Samsung Galaxy, Google Pixel, iPad and older iPhone models. We only guarantee compatibility with the current versions of these browsers at the time of launch.
While we will also strive to ensure mobile experience works well, we can’t guarantee that every combination of screen size and device is going to be perfectly supported.
Project timelines
Any time frames or estimates provided by us are contingent on receiving final content and all the required information at the beginning of the project, and receiving prompt and clear feedback from your end for any revisions or changes.
During a website build or updates there is a certain amount of feedback required to progress at each stage, and if this isn’t received in a timely manner the project will be delayed. If delays are caused by circumstances beyond our reasonable control (like hosting provider outages, third-party service failures, or major emergencies), timelines will be adjusted accordingly.
SEO & search engine visibility
We don’t guarantee any specific position or improvements to your search engine ranking for your website. We provide on-site SEO based on best practices, so that the websites we develop are accessible to search engines.
Website hosting & domain names
We’re a web design company – not a website hosting or domain company, so we don’t offer specific support for website hosting, email, domain names or other technical services. If you don’t already have a website hosting service, we’ll recommend a provider and ask you to set up an account.
New website builds include us setting up your website on the hosting service. Once the website project has been completed and put live, management and renewals of the website hosting account, domains and any other related services will be up to you.
If we are actively managing your website hosting account or domain name, we will invoice you directly for hosting costs on an annual basis. If you don’t pay the associated costs within 28 days, we will cancel your website hosting or domain names which can bring your website and any related services offline.
Ongoing technical support
Technical support for your website is included during the website build project, and for 28 days after it goes live. After this period, we will provide an estimate or quote for any future technical support issues that come up.
Paid plugins, themes and add ons
Depending on your website, there may be some paid plugins, themes and add ons required for specific functionality. In general, we will include usage rights for these in the initial build price for the first 12 months, after which time they will need to be re-licenced directly by you or continued through us as part of ongoing maintenance.
Additional expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Backups
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
Payments & schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick tightly to the agreed payment schedule and trading terms on any invoices, estimates, quotes or other communication.
Our payment terms are 7 days from the date of invoice. We issue invoices electronically and our bank account details will be included. Our invoices will be in AUD. If your currency is different, you agree your payments will be the same value.
You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest or late fees on all overdue debts if required.
Limitation of liability
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will 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, even if you’ve advised us of them. Our total liability to you for any problems with our work is limited to the amount you paid us for the specific part of the project that caused the problem.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
We’re not responsible for problems caused by third-party services, hosting providers, or software that we don’t control.
Content responsibility and protection
You guarantee that all content, images, and materials you provide to us don’t infringe on anyone else’s intellectual property rights. If someone claims we’re using their copyrighted material because of content you provided, you agree to handle that claim and cover any costs.
Similarly, we guarantee that our original work doesn’t infringe on others’ rights, and we’ll handle any claims about our original work.
You also agree to use your website only for lawful purposes and in compliance with all applicable laws.
Confidentiality
We agree to keep your business information confidential and not share it with anyone outside our team. You agree to do the same with any confidential information we might share about our business processes or other clients.
Contract terms
This contract can’t be transferred to someone else without written agreement from both parties. If any part of this contract becomes unenforceable, the rest of it still applies.
Either party can end this contract with 30 days written notice. If we end the contract, you pay for work completed up to that point. If you end the contract, you still pay for work completed and we’ll provide you with files and access to hand the project over.
You can’t hire our employees, contractors, or try to steal our clients during our working relationship and for 12 months after it ends.
Disputes
If we have a disagreement, we’ll try to sort it out through honest conversation first. If that doesn’t work within 30 days, we’ll use mediation through Resolution Institute. This contract is governed by Queensland law.
Finally
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Presstwood Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.