Please read these Terms and Conditions carefully as they will form a contract between us and you; which will become viable upon acceptance of our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions, however, please do not hesitate to contact us.
What do both parties agree to?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in the proposal that you will have been sent. We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any personal information that you give us.
Confidentiality:
The Client and oriondigitals Simples may disclose confidential information between themselves regarding any work under this agreement, in order to facilitate and complete the web design project. Such information will be identified during the course of an email, written or verbal communication between both parties, and shall be safely retained and not disclosed to any other third parties by either the Company or the Client.
Description of the Work:
A separate proposal will be sent to the Client via email which will outline the work that is to be undertaken by the Company.
Design:
We will create a design for the look-and-feel, layout, and functionality of your website. This contract includes one main design plus the opportunity for you to make up to rounds of revisions as specified in the product you purchased. The site will be designed to work primarily across the following browsers (in order) of Firefox, Microsoft® Internet Explorer, Google Chrome, and Safari. However, we cannot guarantee complete compatibility across every major browser as these are constantly being updated by their respective vendors and other browsers such as AOL. Sites are normally tested however in all the 4 main browsers, and usually will work with no complications. We do test all the markup and CSS in these browsers using the latest versions. We cannot guarantee compatibility in old or redundant browser software.
Text Content:
Usually, we will offer suggestions for text content within the site. This will have been included in our proposal. However, we are not responsible for writing or inputting any text copy unless this has been specified to you, but we will be happy to help, and in addition to our proposal costs, can assist in helping you with the text content at an agreed hourly rate during the design process.
Photographs and Images:
Any images or photographs that you may supply us with must be in a digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on a webpage display. Any images that we can obtain, or design, may have been included in the proposal price. However, if you will need more images that cannot be obtained through us, then we can suggest vendors of stock photography, and we do use stock photography suppliers, where we can obtain images on your behalf at reasonable prices. Any time that we may spend in addition to what we have already set out in our proposal may be chargeable at an agreed rate beforehand with you. You have agreed that any images that may be provided by yourself are either royalty-free or that you have obtained the necessary permissions to use those images on a website. Please do not ask us to use images that you know are copyrighted as we will not do this.
Changes and Revisions:
We know from experience that sometimes customers do not really know what kind of website they actually may want. Often it is through subsequent emails that we have then offered up a particular design or idea to our clients. We do not wish to limit your options, or the opportunities to change your mind. In actual fact, there are times when we have been working with clients when we ourselves have suggested a change to a particular theme, design or modification of their site. The estimate that you will have been provided in your proposal will have been based on the information that we have been given by you at that time. However, if you do wish to change your mind, add extra pages, new functionality, different images, or even a new layout, then that won’t be a problem. You will, however, have to pay us for the work that we have completed up to that point, and then you will switch over to an agreed hourly rate on the revisions and changes thereafter. During this time we may ask that the requests and changes are sent in writing, just so that we can keep track of the changes to avoid confusion later on. With any changes and revisions, these are normally carried out quite promptly.
Technical Support:
You may already have website hosting in place, but if not, we do provide hosting solutions for any customers who wish to use them. If you are hosting the website elsewhere, we cannot guarantee that the site may be fully compatible with all hosting providers, especially any contact forms, Content Management Systems, database driven websites, etc. If the website is to be hosted elsewhere, then you must have already paid the full amount that we have agreed with you, and we may charge you a setup/installation fee for us to set up the site on another server of your choosing. We do not offer any technical support for any other website hosting company that you may choose (if you elect not to host the design with us). However, if you do require some help, then please do ask, and we will be happy to give you an estimate as to hosting the site with us.
Legal Bits:
We cannot guarantee that the functions contained within any web page (or part of your website design), will always be error-free, and therefore we will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Copyright:
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you or that you have permission to use them. On completion of your website, copyright is automatically assigned as follows:
- You will own the text files, images, graphics and any visual elements, or sound bytes, that you may have sent to us to use in connection with this web design project (unless someone else owns them).
- We maintain copies of all the files used in connection with your web design project and if you require a copy of all the files used in connection with your project (this may not include all the source files), then we will ask you to pay a small fee to cover the copy creation.
- We own the copyright (or any specific vendors that may have supplied some files in connection with your web design project own the copyright) to the markup, CSS files, other code that may have been used by us for you, or certain images that we may have supplied to or for you. These files have only been licensed to you in connection with this web design project and will be licensed solely to the domain name on which the website files reside.
At the bottom of the website page(s), usually, it will say Copyright and the name of your business or company. We do however reserve the right as the Designer to put a link showing that the site has been designed by us or is hosted by us, and this link will be usually small, unobtrusive and will open a new window, thereby not hindering or distracting from your own website.
As the design company we also reserve the right (because it is good to tell or show other people what we may have done), to display and link to your completed project as part of our portfolio, and to write about the project on other websites, in magazine or ezine articles, books, written or digital publications of any design and source.
Changes to the web design agreement:
oriondigitals Simples reserve the right to add, delete, or modify any provision of these ‘Web Design Terms and Agreement’ at any time without notice. Failure to receive notification of a change does not make those changes invalid.