TERMS & CONDITIONS AGREEMENT
If you agree to appoint BOLDbold Studio to work with you on a project, you are bound by the following Terms & Conditions. You can agree to these terms by filling in your name and email address at the bottom of this page.
BOLDbold Studio will always work hard to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if anything should go wrong.
In this contract you won't find complicated legal terms or large passages of unreadable text. There is no desire to trick you into signing something that you might later regret. This agreement is aimed to set out what's best for the safety of both parties, now and in the future.
In short You (The Client) are hiring us (BOLDbold Studio) located at Rodney Chambers, 40 Rodney Street, Liverpool, L1 9AA to work with you on your digital project for the estimated total as outlined in proposal.
As the customer, you have the power and ability to enter into this contract on behalf of you, your company or organisation. You agree to provide everything needed to complete the project including text, images and other information as and when its needed, and in the format asked for. You agree to review the 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 this contract. BOLDbold Studio has the experience and ability to perform the services you need and these will be carried out in a professional and timely manner.
Along the way BOLDbold Studio endeavors to meet all the project deadlines however BOLDbold Studio can't be responsible for a missed launch date, deadline or unfinished website because you have been late in supplying materials or have not approved or signed off on work in a timely way.
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price outlined in the proposal is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve and is outlined in the proposal, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem, just let us know and we can provide a separate estimate for that.
On top of this BOLDbold Studio will also maintain the confidentiality of any information that you give us.
We create look-and-feel designs, so that we can get to the development phase of the project, we won’t waste time mocking up every page as a static visual. These static visuals are an indication of a look-and-feel direction.
We will present to you one initial design concept that includes the home page.
You’ll be provided a time frame to review our work and provide feedback. You are entitled to 2 iterations of the design included in the project fee. However if, at this stage, you change your mind about the direction the design needs to take, you have two options; 1) we can provide a new cost to execute the design changes which match your updated requirements or 2) if you’re not happy with the direction of the work and want to terminate, you’ll pay us the deposit and cancel this contract.
CHANGES, REVISIONS & ADDITIONS DURING DEVELOPMENT
BOLDbold Studio understands that for any project there are always revisions during the development process to ensure the project meets your needs. We allow up to 2 rounds of revisions for minor changes to the content, images and other content types. Beyond this we will charge for additional revisions. This includes but is not limited to minor revisions that prolong the timeline (see below), or revisions that impact on structure, design and development. You will be notified about the additional cost before we do any further work and an agreement for additional charges will be sought via email.
We work using a 3 milestone (instalment) payment system:
1/3 of the price quoted in the proposal to be paid as a deposit prior to the project being started.
1/3 of the price quoted in the proposal to be paid once the design phase has been signed off and before the build phase can begin.
1/3 of the price quoted in the proposal to be paid after completion of the build, before ownership of the website is transfared.
All fees quoted for projects exclude web hosting, domain name registration, copywriting, paid stock imagery, font licenses, liaising/setting up hosting or email, purchasing of third party plugins, or any other conditions outlined in the proposal document.
Deposits are non refundable after 14 days of receipt.
Our invoices can be paid by bank transfer or by debit or credit card processed by PayPal.
It is important that you pay all invoices promptly so that your project can keep to the outlined schedule. Failure to do so may cause the project to slow down, be put on hold or be cancelled resulting in missed deadlines.
SEO (SEARCH ENGINE OPTIMISATION)
SEO is a long-term strategy used to increase your ranking in search engine searches. BOLDbold Studio is careful to use clean, web standard mark up, correct image and heading tags, site map generation and submit your site to search engines to assist your website be found organically by search engines. We can assist you with a foundation for SEO and recommend SEO strategies for your site, however we are not an SEO agency and therefore do not/will not guarantee the ranking of your site.
Sometimes during the design process, BOLDbold Studio will advise as to how to make your copy more ‘web friendly’ and will present some alternatives to you that will suit the design. BOLDbold Studio will also do some basic proofreading, however it’s your responsibility to ensure all copy is error free and reading correctly on the site. In general, BOLDbold Studio is not responsible for writing, editing or proofreading your project copy unless specified in the original estimate.
We can provide copywriting services and would be happy to quote you for this if need be.
PHOTOGRAPHS AND SITE IMAGERY
Unless otherwise discussed, you will supply photographs in digital format and high resolution. If you choose to buy stock photographs BOLDbold Studio can suggest vendors of stock photography.
If additional training above and beyond the training given as part of this project is needed, we are happy to provide you with an estimate.
We take confidentiality very seriously. Therefore each party acknowledges that in connection with this agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including, but not limited to, preliminary works, client and product data. Each party, its agents and employees shall not disclose confidential information to any third party or use any confidential information except as may be necessary to perform its obligations relevant to this agreement, or as may be required by a court or governmental authority. Notwithstanding the foregoing, confidential information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
WARRANTIES & LIABILITIES
Our work comes with 30 days of complimentary post project support. In the unlikely event that defects, bugs or issues are detected on the site after launch, these will be fixed for up to 1 month from the site launch. Anything after this time will be billed separately.
BOLDbold Studio works hard to ensure that your website will be forwardly compatible with new browser updates and improved web technology however there is no guarantee that the functions contained within a website will always be error-free. In the event that there are errors due to browser or device updates, plugin updates, Squarespace theme updates after the 1 month period, we will be available to assist and troubleshoot with priority when there is an issue and can provide a cost for this. To keep the website updated, secure and running well, we recommend our annual maintenance plans which include resolve of issues as a results of updates in real time.
BOLDbold Studio can't be liable to you or any third party for 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.
It is your responsibility to reimburse BOLDbold Studio for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.
CANCELLATION & DISPUTE RESOLUTION
In the event of cancellation of this assignment by the client due to dispute, funding withdrawal or insolvency, ownership of all materials and copyrights of work made by BOLDbold Studio will be transferred to the client when the client has paid for work completed, and expenses already incurred. Additionally, all deposits paid for project confirmation are non-refundable.
First, you guarantee that all elements of text, images or other content you provide are either owned by yourselves, or that you have permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished design files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
BOLDbold Studio loves to showcase and share the work that has been created and learned with other people and the open source community, so BOLDbold Studio also reserve the right to display and link to your completed project as part of its portfolio, in presentations or to write about the project on websites, in magazine articles and in books about web design.
Client Content. Client Content, including all pre-existing trademarks and copyright material, shall remain the sole property of client, and client shall be the sole owner of all rights in connection therewith.
Third Party Materials. All Third Party Materials such as plugins, extensions and stock assets are the exclusive property of their respective owners. We shall inform you of all third party materials that may be required to perform our services or otherwise integrated into the project. Under such circumstances, we shall also inform Client of any need to license.
You cannot transfer this contract to anyone else without permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.