AGREEMENT
You (“The Client”) are hiring me {Wyre Web Design} (“I or me”) to design and develop a website as outlined in our previous correspondence and/or proposal.

WHAT DO BOTH PARTIES AGREE?
You: You have the authority to enter into the contract on behalf of yourself, your company or your organisation. You’ll give me the content and information I need to complete the project. You’ll do this when required and at your earliest convenience and provide it in the formats I ask for. You’ll review my work, provide feedback and give approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You will also agree to the payment terms and schedule set out at the end of the contract.

Me: I have the experience and ability to do everything I’ve agreed with you, and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that is set, andI will maintain the confidentiality of everything given to me.

DESIGN
I create and design flexible layouts that adapt to the capabilities of many devices and screen sizes (responsive). I create designs interactively and use predominantly WORDPRESS and CSS for live templates. I may use static visuals to indicate a creative direction (colour, texture or typography.)

TEXT CONTENT
I am not responsible for the text copy provided by you for the content of the site.

GRAPHICS AND PHOTOGRAPHS
You should supply graphic files in high resolution and in any of the popular digital image formats (i.e. JPG, PNG etc). I can only use images you provide that are your own and are copyright free or purchased stock images. If you’d like me to search and provide images for you, I can provide a separate estimate for that.

BROWSER TESTING
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. On that note, I test my work in current versions of major desktop browsers, including those made by Google (Chrome), Microsoft (Edge), Mozilla (Firefox) and Apple (Safari). I wouldn’t test in other older browsers unless we agreed separately.

MOBILE BROWSER TESTING
Mobile browser 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 (Safari) and Android (Google Chrome.)

TECHNICAL SUPPORT
Technical support is provided by email (support@wyrewebdesign.co.uk) unless you have your hosting account with another provider and not via Wyre Web Design. I don’t offer support for website hosting, email or other services related to hosting supplied by third parties.

SEARCH ENGINE OPTIMISATION (SEO)
I can add an SEO plugin to your website and provide a link to a video tutorial for you to do your own SEO, other than that Wyre Web Design do not provide SEO services so this will have to be sourced by yourself if required

CHANGES AND REVISIONS
After agreement of the proposal I will offer 3 free revisions of your project which means that after delivering the first draft, you can send me one e-mail with any changes you would like to make and that counts as your first free revision. Once the final version of your website is delivered, I will send it for your approval and you can send me another e-mail with the changes you would like to make – that counts as your second revision. You will still have an extra free revision just in case you need to send me another e-mail with the final set of changes. Any additional revisions will be charged at a rate of £50/hour on a pro rata basis. If you wish to change your mind or add anything new, then I can provide a separate estimate for the additional work.

LEGALITY
I’ll carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. With that said, I can’t guarantee that my work will be error-free. Therefore I 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 me of them.

Your liability to me will also be limited to the number of fees payable under the contract, and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.

Finally, if any provision of the contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from the contract and shall not affect the validity and enforceability of any remaining provisions.

INTELLECTUAL PROPERTY RIGHTS
“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves or that you have permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I’m using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work, and that the contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:
You’ll own the website I design for you plus the visual elements that I create for it. If requested I’ll give you source files and finished files, and you should keep them somewhere safe as I’m not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.

I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I’ll own the unique combination of these elements that constitutes a complete design, and I’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

DISPLAYING MY WORK
I I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and books. I also reserve the right to include a discreet copyright mark on your footer (e.g. Designed by Wyre Web Design) unless you specifically request me to remove it.

PAYMENT SCHEDULE
It is important as a small business that you pay the invoices that I send you by or on the stated due date.

To start a project, I require the first payment of 50% as a deposit unless we have agreed a different amount. When I complete the project, you will receive the final version for approval and a confirmation request for the website to ‘go live’. Once you have confirmed you are happy for the site to ‘go live’ I will send you my invoice for the remaining 50%. Once this has been paid I will put the site ‘live’.

I issue invoices electronically. All proposals are quoted in British Pounds. Any payments made in accordance with this agreement shall, once they are paid, not be refundable nor creditable for any reason whatsoever. The appropriate payment details will be printed on my electronic invoice. I reserve the right to charge relevant fees as outlined below on all overdue payments.

PAYMENT DETAILS
You can pay using Bank transfer (BACS) using the details provide on the invoice
Neither of us can transfer the contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under the contract and not cause the other to breach any relevant laws or regulations.

The contract stays in place and doesn’t need to be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place.
The contract is a legal document under exclusive jurisdiction of the English and Welsh courts.

NON-PAYMENT
If an invoice payment is not paid in full by the due date of that invoice then the below NON-PAYMENT procedure will be enforced:

1. SUSPENSION
a. The account, hosting, email, user access and the website will be SUSPENDED for 7 days during which time a banner stating ‘SUSPENDED DUE TO NON-PAYMENT’ will be displayed on the website. To reinstate the account, hosting, email, user access and the website, the full payment of the invoice PLUS £50 REINSTATEMENT FEE needs to be paid IN FULL within the 7 days SUSPENSION period. During the SUSPENSION period Wyre Web Design will not do any further design, editing or any work with regards to that website, paid or unpaid. This includes any work that may be outstanding on the website but may resume outstanding work, at the discretion of Wyre Web Design, if the payment is made within the 7 day SUSPENSION period.

2. TERMINATION
a. Failure to make payment within the 7 days SUSPENSION period will then lead to the account, hosting, email, user access and the website being TERMINATED during which time a banner stating ‘TERMINATED DUE TO SUSPENSION PERIOD EXPIRING AND NON-PAYMENT’ will be displayed on the website. To reactivate the account, hosting, email, user access and the website, the full payment of the invoice PLUS £150 REACTIVATION FEE needs to be paid IN FULL within the 7 days TERMINATION period. During AND AFTER the TERMINATION period Wyre Web Design will no longer do any further design, editing or any work with regards to that website, paid or unpaid. This includes any work that may be outstanding on the website. This is not negotiable! If payment is made within the 7 days TERMINATION period then the account, hosting, email, user access and the website will be available for a further period of 30 days during which time the client needs to source new hosting for the transfer out of the domain and website. If after 30 days the client has not requested Wyre Web Design to provide the transfer out of the domain and website files then the account, hosting, email, user access and the website will be deleted from the hosting server and will no longer be available.

3. DELETION
a. Failure to make payment within the 7 day TERMINATION period will lead to the account, hosting, email, user access and the website being permanently deleted and removed from the hosting companies server and will be non-recoverable. The domain name will remain with a banner stating that the account has been ‘REMOVED DUE TO SUSPENSION AND TERMINATION PERIOD EXPIRING AND NON-PAYMENT’ until such time that the domain name expires.

During all of the above the ranking of the site within Google search may be severely affected.

By accepting a proposal that you have been sent by Wyre Web Design via email you agree with these terms and conditions.