Wise Monkey Design - designed by.... Wise Monkey Design! | Copyright of Wise Monkey Design 2019
Terms and conditions
The purpose of this Agreement is to outline our rights and obligations to each other,
providing clarity for moving forward with all projects under Wise Monkey and its customers.
On agreement of work to be undertaken you agree as a client to adhere to and understand the terms.
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 quote 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.
This Client Agreement (“Agreement”) is between Wise Monkey Design and you the Client to provide services as outlined below. This agreement published on Wisemonkeydesign.com to comply with paragraph 9.2
2.0 Description of Services
I will create a design solution for elements of the interface, layout, and functionality of your project. If you’re not happy with the design solution we present to you, we’ll work together on revisions.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing.
I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.
Mobile browser testing.
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
I test my designs in: iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator. I won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately.
Unless it is included in the estimate, I am not responsible for drafting any copy for your project. If you need help drafting copy, I am happy to help.
Search engine optimisation (SEO).
Wise Monkey Design doesn’t guarantee improvements
to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
Viruses & Outdated Websites
Wise Monkey makes every effort to take security precautions on our Clients websites, this includes the relevant security plug-ins which keeps its servers secure, wherever possible. However I cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
Wise monkey cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Wise Monkey cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have a monthly management package (price will be bespoke to specific needs)
3.0 Scope of Project
The scope of the project will be all services listed on the Estimate or Invoice I provided to you earlier in the process, however if the scope changes then this will be estimated as an addition to the main project.
A general time-frame will be provided or aimed to be met - however, this can change depending on revisions and other factors. This is only a good faith estimate, which depends on many factors outside my control; if the project is completed beyond this date, that fact in itself will not amount to a breach of this Agreement.
Changes, Revisions & Updates.
You’re free to change your mind about the scope of this project at any time. Any changes must be requested and agreed to in writing. You will be billed for these changes at my standard hourly rate, unless otherwise agreed.
To provide you with outstanding design, I need to have a great working relationship with you. To that end, you agree that during the course of this project you will:
• Be the primary stakeholder and decision-maker for the project;
• Provide information and files as we request them in a timely manner;
• Review work, offer feedback, and issue approvals in a timely manner;
• Adhere to project and payment schedules; and
• Inform us of any problems or issues as soon as possible.
Any delays caused by your neglect of these responsibilities and/or any other factor which prevents me from being able to work at full capacity on the project for any period of time, may have a negative impact on the estimated completion date for the project.
(See timeframe in paragraph 3.2)
Additionally, you are responsible for ensuring that you have the rights to all images, copy, trademarks, or other elements you provide to us in the course of the project. You also agree to indemnify us against any liability for copyright or trademark infringement for using these items.
Copyrights and Ownership of Designs
After any outstanding balance for the project is paid, I will assign to you all copyrights in the graphical and visual elements of the design that I will create under the scope of this project . Ownership of all designs, code, URLS, Hosting, Imagery and other part of the project will retain the property of Wise Monkey Design.
I am very proud of the designs that I produce, and love to show them off. As a result, Wise Monkey Design reserves the right to display the designs I create for this project in my portfolio and to write about the design process for the project on websites, magazines, books, and other outlets.
7.0 Technical Support
Content Management Systems.
Occasionally and always for an e-commerce website I may use a content management system (Wordpress dashboard) as the underlying platform for a website or other third party software. I would be happy to walk you through the functions of how your content management system works to ensure you are competent. If you need any additional assistance thereafter with these systems, support will be billed at my standard hourly rate.
While I will do my best to ensure that you will be pleased with your experience as a client on this project, not every project will work out. If that most unfortunate reality should occur, I agree to work out any problems together, in a friendly manner, which are preventing the project from moving forward successfully. However, if that process is ineffective, either you or Wise Monkey design may cancel this Agreement for good cause by sending written notice to the other person.
Amount Due after Cancellation.
Upon cancellation of this Agreement, you will be billed for the number of hours I have spent on the project at our standard hourly rate. If this amount is less than the deposit, you will not owe any additional funds. If this amount is more than the deposit, you will be billed for the outstanding balance. This balance will be due immediately. I also reserve the right to copyright ownership as per paragraph 6.3
All rights to indemnification will continue after cancellation of this Agreement
Payment Obligations, Renewals, and Cancellations
Website Development Payment Obligations:
A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount.
The outstanding balance on your website is due after the design, navigation and pages have been approved and built.
Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. The remaining balance is due on general completion of the design (revisions may still come after) It also ensures that I receive payment from the client for performing my duty despite tardiness from the client.
My standard hourly rate is £ 50.00
After payment, I will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, I will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at my current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at my current regular hourly rate.
Website Development Cancellation:
If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Wise Monkey may elect at its sole discretion to offer a partial refund depending upon the circumstances.
Stock Photography Payment Obligations:
Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of £10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than £10, in which case I will solicit client approval and communicate the price before purchasing.
Description of Ongoing Costs:
There are 2 types of ongoing costs: domain registration and hosting.
a Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through me, but I strongly PREFER that you do. Many services are not honest in the way they sell names and I spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable - annual fee of £29
b Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through me, but I strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. If you want to host your site on another server this must be disclosed before we begin programming.
c Hosting Renewal Payment Obligations: You will be invoiced for your hosting 7 days before the yearly renewal period. Please inform me within that time if you do not wish to renew.
d Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. Wise Monkey will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of £25.
Accounts that are terminated by Wise Monkey for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.