Obviously, i'd rather not operate without legal jargon and terms or conditions, however in this day and age, terms and conditions and concise contracts are an essential part of
a freelancer's business. Working without a contract or specific terms and conditions is just an invitation to be taken advantage of.
A solid contract also helps to streamline and clarify the scope of the project and what is and is not included in the work/contract at the very beginning and prevents me from double work down the line. I don't have a multi-staff legal department, so for me these terms and conditions are essential to my business.
If there are any terms or conditions that are preventing you possibly working with me, let me know and i'll see what i can do.
- Non refundable deposit of 50% of the quote is payable before any design work is started.
- Upon completion of the development work, and before any website goes live, the client will have 30 days to pay the outstanding 50% of the quotation fees.
- No work will commence before payment is cleared in Jason Coman’s Bank account.
- Only electronic transfer payments are accepted to the following bank account:
Halifax Building Society
MR JASON K COMAN
Account Number: 12355863
Sort Code: 111084
- If a project has been placed on hold for more than 30 days, Jason Coman will automatically bill for the work completed up to that point. This invoice will then be due for payment immediately, and NOT under the 30 days rule as listed above.
- If the client decides for whatever reason to cancel the project after Jason Coman has started work on it, then a flat fee of 50% of the original quoted fee will be charged. A notice of cancellation letter must be e-mailed to Jason Coman in this instance.
- In accordance with the Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of eight per cent above the Bank of England Base Rate as applicable on the previous 31 December or 30 June whichever is the most recent. In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process.
- The quotation is an estimate ﬁgure that may change with the development of the work.
- Jason Coman will not exceed the quotation ﬁgure without first notifying the client beforehand.
- If there are additional changes to the project/works scope during the build phase, these will be re-quoted and charged accordingly.
- The quotation and it’s contained prices are valid for 30 days from the quotation date. After this date, the quotation is invalid and re-quoting may be required for the works. All prices quoted may be subject to change after this period.
- If a quotation is signed and returned to Jason Coman within 30 days of the quotation being sent out, without any amendments, then a binding contract will exist between us for the works. That contract will comprise the accepted quotation and these accepted Terms and Conditions.
- Any delay in returning the quotation may result in changed to proposed commencement or completion dates for the works.
- The client undertakes to inform us prior to commencement of the project if there is a critical requirement to meet specific performance criteria. If, during the development, the client does not supply the content required in order to complete the project within the anticipated time frame, Jason Coman will invoice up to the full amount quoted. When the content is supplied there may be additional time costs involved due to the overrun of the project which impinges on the ability of Jason Coman to service other clients.
- All content/ﬁles/photographs/logos must be provided electronically via e-mail, on a CD / DVD, file sharing platform such as 'dropbox', or memory stick, by the client.
- All photographs must be provided by the client and the quality provided will be used as is.
- All material, both text and images, supplied by the client and used in the construction of the client's project, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The client shall indemnify Jason Coman against all and any claims arising from the use of materials of any sort provided by the client or obtained under the direction of the client from third parties such as graphic designers.
- If there is additional photography required to be taken by Jason Coman, this will be charged separately unless already agreed in the project scope.
- Jason Coman retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Jason Coman also retains the right to refer other prospective clients to your website as testimonial or reference material.
- Jason Coman is not responsible for writing any content to be inputted into websites. The copy will be provided by the client.
- If the client has already engaged the services of a graphic designer who has produced PSD mockups of the design of your website, I will work from these and endeavour to produce a website resembling them as closely as possible. Note that it might not be possible to produce pixel-perfect interpretations of them across all browsers and under all circumstances due to technical limitations beyond my control. The client must provide any mockups in PSD format with their original layers intact so that I can take whatever assets I need from them directly.
- Jason Coman cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date will be agreed and Jason Coman will do his best to adhere to that but cannot guarantee to do so in the light of circumstances outside his control.
- Where in the instance that a time scale has been agreed, Jason Coman will not be responsible for any consequential losses to the client if the deadline is not met.
- Jason Coman will not test any websites in old or abandoned browsers. All website work will be tested and built to work on IE (version 9 and up), Firefox, Chrome and Safari. Any other browsers or older types of browsers will not be tested. Additional work to make websites compatible with other browsers or older browsers will be charged separately as developing for these older browsers is costly and time-consuming.
- At the meetings to determine the project scope, Jason Coman will determine a single point of contact. This single point of contact will be added on the quotation. After the quotation has been signed, all contact regarding the project must go through this person only. Jason Coman will not correspond with other secondary parties, particularly in regard to changes or updates to a project scope. All feedback and project revisions MUST go through this single point of contact.
- Jason Coman will submit a client's website to the major search engines. Further work based on keyword popularity analysis, search engine optimisation based specifically around your organisation and its 'competition' is best carried out by specialist contractors. This can be arranged but is not part of the contract unless specifically included in the quotation. Any subsequent amendments to the website as a result of professional analysis may be charged to the client. Jason Coman can accept no responsibility or liability if any search engine, online directory or search site chooses not to list a client's web site.
- Hosting services - where your website is stored on a server for delivery to website visitors - and email services are provided under a contract between the client and the chosen hosting and email provider (Internet Service Provider (ISP)) and will be bound by the terms and conditions of that ISP. Jason Coman makes no commission on such recommendations or services and in recommending an ISP does so in good faith and cannot under any circumstances be held responsible or liable for any shortcomings or losses incurred as part of that contract.
- If for any reason whatsoever Jason Coman is unable to provide an agreed product or service in accordance with these terms and conditions our liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product. The entire risk as to the quality and performance of the website or other services is with the client. In no event will Jason Coman be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by acts of god, the hosting service or any other circumstances beyond the control of Jason Coman, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or other services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitors' computer or Internet software, even if Jason Coman has been advised of the possibility of such damages.