PlanB Website Design Contract Terms & Conditions 2015

 

1. DEFINITIONS: 

Our, Us, We:  PLANB
THE CLIENT, the client, You, Your:  YOU or YOUR COMPANY
Services:  The website design, project management, hosting and professional services that we agree to provide you in accordance with these Terms & Conditions and Our Proposal.

2. CONTRACT:

The client’s approval for work to commence shall be deemed a contractual agreement between the client and PLANB Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.

THE CLIENT accepts that English is the agreed language to be used for business between THE CLIENT and PLANB and that any responsibility for arranging translation of documentation is THE CLIENTs responsibility.

3. ADVANCE PAYMENT: An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
4. PAYMENT TERMS: Payment is currently accepted by cash (Euro or Turkish Lira), bank transfer or credit card, unless otherwise agreed.
5. CREDIT CARD PAYMENTS: Credit card payments can also be accepted via our Paypal electronic invoice system. These are subject to a 6% surcharge.
6. PAYMENT: Payment of any balance will be due within 14 days of final invoice date. Full publication of the Web Pages to your domain/server may take place only after full payment has been received.
7. LATE PAYMENT: Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% per month pursuant to the late payment legislation.
8. INITIAL DESIGN AGREEMENT: Together with you, we first agree on a design framework (template) for your site as well as your preferred design styles. We will present you up to four different styles which we proceed from.
If you're not happy with the designs at this stage, then payment for all of the work that we have produced until that point must be made and you may either cancel this contract or continue to commission us to make further design revisions at our standard daily rate of €200 (approx. 450TL).
Once this design framework is agreed upon, we start filling it with content provided by the client.
Changing the design structure after content has been applied can result in additional hourly charges. This does not apply to minor changes like font size, colour and font family. 
Please make sure that only one person presents all your design decisions to us.
9. MATERIALS TO PROVIDE:

The DESIGN DESCRIPTION section following these terms and conditions.

A List of three (3) websites that you like (from a design and “usability” view)

A List of three (3) websites that you dislike (from a design and “usability” view)

Colour preferences

The content you would like to be displayed such as texts and images in electronic form, e.g. Word documents, txt or rtf files, photos in jpg, gif, tif, bmp, and png or psd format. Note that handwritten texts cannot be accepted.

A List of three (3) competitor’s websites (if applicable)

Technical and Account information about existing hosting accounts and domain name registrars.

10. TEXT CONTENT: We may have written a best-seller but we're not responsible for writing or inputting any text copy unless we specified it in the original proposal. We'll be happy to help though, and in addition to the estimate we will charge you at €20 per hour for copy writing or content input.
11. MULTIPLE LANGUAGE SITES: PLANB can provide sites with embedded multiple language features but all sites are developed in English. We can enable multiple system languages but any content translation is the client’s responsibility, PLANB will provide up to 4 hours training on the translation system and a user manual for any clients requesting an embedded (ie: non-automatic translation) multiple language website.
12. PHOTOGRAPHS AND IMAGES: You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Photographs must be of the relevant quality/size or format for the intended use.  Any time we spend searching for appropriate photographs will be charged at €20 per hour.
13. GRAPHIC DESIGN: Although most web designers are accomplished Graphic Designers there is a reason they are 2 separate careers and job titles, graphic design can be very time-consuming and intensive. We don’t want to be completely restrictive and insist we do no graphic design but we also cannot do mountains of graphic design work whilst trying to design your website. So for the purposes of clarity PLANB agree to a maximum of 3 hours of custom graphic design work included in your website design agreement (which is normally more than enough to “blend” your images with the design template we decide on). If more than 3 hours is required it will be invoiced at our standard hourly rate of €50
14. COMMUNICATION:

During the project, all communication should be handled through email and in English.

After the project has finished any issues should be submitted as a helpdesk ticket from your PlanB Account Manager. This structure allows us to prioritise your support correctly and allows a comprehensive audit trail and knowledgebase of your project and any issues.

15. REVISIONS: A maximum of 4 rounds of revision are available during the design process, after each stage is signed off, a new list for the following round of changes is drawn up then closed at an agreed point whereby the requested revisions will be done. When a revision round list is closed, any further revisions and changes must be entered on the following list.
16. ADDITIONAL SERVICES: Any work which the Client wishes PLANB to create which is not specified in the DESIGN NOTES Section of the proposal will be considered an additional service. Such Work may require a separate Agreement and will require payment separate from and above that specified in this Agreement.
17. SEARCH ENGINE PROMOTION: PLANB is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an on-going basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can and we will optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
18. IMPORTANT! FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT:

We are 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 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 as soon as possible. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a one-time surcharge of up to 25% of the total value for the project.

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 (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.

19. FUTURE SUPPORT: The website is provided to and accepted by the client as fully functioning, completed work. For the first three (3) months after completion support will be FREE and provided as per our COMPREHENSIVE SUPPORT PACKAGE but thereafter priority support or maintenance will be given to those with support agreements. If the client has no valid support package then any support will be charged at €60 per hour.
20. FUTURE SITE PROBLEMS: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and PLANB will endeavour to protect it from this as much as we can during its creation.  We cannot be held responsible for problems that develop on completed sites as a result of illegal activity. If the client has a valid COMPREHENSIVE SUPPORT PACAKAGE with PLANB Then we will restore the latest clean backup of the website.
21. ADMIN TRAINING: At the end of the project a list compiled between us that will list the most common day to day admin operations for your site and a maximum of 6 Hours training will be given included in this agreement. Extra training hours can be purchased at €50 per hour (+expenses) if required.

Training is usually carried out remotely using Teamviewer and Skype but on site training can be given if mutaully agreed and convenient.
22. COMPLIANCE WITH ECOMMERCE, ACCESIBILITY OR OTHER GUIDELINES OR REGULATIONS: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice.
23. COPYRIGHTS:

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.

We keep our costs down to you, our valued client, through different ways, one is to let people know what a great job we did on your site and hopefully garner some new clients, to this end we also reserve the right to put a discreet “designed by PlanB” text link in the footer of your site (no larger than 12 point font and no smaller than 8 point) with a link back to the PLAN B LTD. Website. You can choose to revoke this right and “unbrand” the site with a payment of £200.

24. TERMINATION:

Either party may terminate this Agreement by giving a minimum ten (10) days written notice to the other of such termination. 

In the event that Work is postponed or terminated at the request of the client, PLANB shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the client's written notification to stop work. In the event of termination, the client shall also pay any expenses incurred by PLANB and PLANB shall own all rights to the Work. The client shall assume responsibility for all collection of legal fees necessitated by default in payment.

In the event that work is terminated at the request of PLANB (also known as "firing a client") any work completed up to the point of termination will be sent to the client. Website files and database files will be sent in zip format, any services will be terminated after the 10 day period. As per clause 3 no refund will be given of any deposit paid and no invoice will be issued for any subsequent work. Upon completion of the 10 days notice any contract and related obligations therein between PLANB and the client will end.

Please note that it is extremely rare that a designer has to "fire" a client and only in the most extreme cases is it necessary, in 20 years of operation in varied parts of the world dealing with different cultures PLANB have only had to invoke this twice.

25. EXPIRED HOSTING ACCOUNT: If your hosting account expires, access to the account including email and any other account services will be suspended. If payment is not forthcoming within 14 days of the expiration date then the account and all files, related email and other services files will be removed.

A backup of the site files and databases only (excluding email, subdomains and ftp accounts) will be taken before account suspension. If you wish us to restore the backup taken on account termination then a fee of £200 will be payable. Of course when payment is made you will have full access via the control panel to restore your own site backup if preferred.
   

THE CLIENT and PLANB are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor PLANB has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. 

This Agreement shall be governed by and construed in accordance with the laws of the UK applicable therein.