What both parties agree to

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You agree to provide the necessary assets and information required for the completion of the project. You’ll do this when we ask and provide the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. You agree to adhere to any mutually agreed-upon deadlines. You also agree to stick to the payment schedule at the end of this contract.

Us: We have the experience and ability to deliver everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We will make all reasonable efforts to meet agreed-upon deadlines and will maintain the confidentiality of any information provided by you.

By working with us, you agree to the following:

Design services

We’ll create responsive designs which adapt to the capabilities of many devices and screen sizes. To provide you with a clearer understanding of our designs, we will primarily develop on a staging environment which will also avoid us wasting time mocking up every template as a static visual. Sometimes, we’ll use visuals to indicate a creative direction (colour, texture and typography.)

You’ll have plenty of opportunities to review our work and provide feedback as we share a development site with you to preview the progress of your site. We’ll have regular contact by phone, email, WhatsApp, or Zoom.

If, at any stage, you change your mind about the deliverables or are not satisfied with our work, you agree to pay us in full for the time spent on the project up to that point. At that point, either party may choose to terminate this contract.

Written content

Unless stated within the project proposal documentation, we’re not responsible for providing text or images to your website or creating every page. We provide professional copywriting and editing services, so if you’d like us to create, edit, or input content for you, we’ll provide a separate estimate.

Graphics and photographs

You agree to supply graphic files in an editable digital format, preferably vector files such as Adobe Illustrator (.ai), Adobe Photoshop (.psd), or EPS files. Any photographs you provide will be high resolution, clear images.

Changes and revisions

We work to your specifications. We provide the ability to review our work regularly, usually daily. We ask for a review and sign off of the agreed requirements. Any additional work not in the original works will be treated as a separate request and we will be happy to provide an estimate for this.

Testing

You understand that 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. You agree it does mean ensuring someone’s experience of a design should be appropriate to the capabilities of their browser or device.

We will test our work only in current versions of major desktop browsers on both Mac OS and Windows, these are:

• Safari (Mac OS Only)
  
• Google Chrome (Mac OS & Windows)
  
• Microsoft Edge (Windows Only)
  

We test our work only in current versions of major mobile browsers on both iOS and Android. We will not test specific Android devices or mobile browsers unless agreed upon separately. Should you require testing on additional devices, we can provide a separate estimate.

We will test your design using the latest versions of:

• Safari on iOS and iPadOS
  
• Google Chrome on Android

We can also accept no responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client & put live.

Search engine optimisation (SEO)

You understand we don’t guarantee improvements to your search engine ranking, but that the websites we develop are accessible to search engines.

We can provide a quote to do SEO work on a monthly retainer basis only.

Hosting

We are happy, and indeed, recommend you host your website with us. This is to keep things simple and everything together and to keep responsibilities encapsulated. If you do choose to host with us, we ask you abide by our terms of hosting:

Payment for hosting is due in full 14 days before the end of your current hosting period. Failure to make timely payment may result in suspension of hosting services.

You agree not to host illicit or illegal materials either for display on our website or to be kept in your hosting account.

Legal stuff and nonsense

We carry out work in accordance with good industry practice and at a standard expected from qualified professionals with relevant experience. However, we do not warrant that our work will be free from errors. We shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the site, including but not limited to loss of profits, loss of savings, or other damages, even if we have been advised of the possibility of such damages.

Your liability to us shall be limited to the total amount payable under this contract. You shall not be liable to us or any third party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if we have advised you of the possibility of such damages.

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

Intellectual property rights

You guarantee the written content you provide is original, or that you have the rights to use it. You also guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries. You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them.We guarantee our work is original. When you’ve paid us in full—and if this contract hasn’t been terminated—we’ll assign intellectual property rights to you as follows:

• Upon full payment, you will own the graphic files we produce as part of your project. We’ll give you permission to use these files for any purpose.
  
• We retain ownership of the unique combination of design elements created during the project. However, we grant you an exclusive, perpetual license to use these elements for the purposes outlined in this project only.
  

Displaying our work

We reserve the right to display any aspect of our work as long as doing so doesn’t breach any confidentiality agreement. This may include sketches, work-in-progress designs and the finished project on our website, in magazine articles, or in books.

Payment schedule

You understand how important it is for a small business that you pay your bills promptly. We’re also sure you’ll want to stay friends, so you agree to stick tightly to the following payment schedule:

50% deposit of the initial agreed price to cover all work until the website is ready to go live.

The remaining balance (plus any hosting fees applicable and any balance for additional work taken on during the project as a result of changing requirements)  to be paid before the website is put live.

On larger projects we may outline a different payment schedule than a 50/50 split, in which case, the outlined schedule is what will be used for the given project.

Our payment terms are that payment is due within 7 days of the invoice date. We issue invoices electronically and our bank account details will be included. Our invoices will be in pounds sterling. If your currency is different, you agree your payments will be the same value.

You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest on all overdue debts at the rate of 4% per month or part of a month.

If payments are overdue by more than 30 days, we reserve the right to suspend work or services related to this contract until payment is made.

Design Credit & Marketing

A link to Envy Creative will appear in either small type at the bottom of the client website. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. Where total development costs are less than £2000, a flat fee of £200 will be applied. This fee compensates for the promotional value lost by not displaying our design credit.

But where’s all the small print?

Neither party may assign or transfer any rights or obligations under this contract without the prior written consent of the other party.

We both agree to adhere to laws and regulations in relation to our activities under this contract and not to cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. Although its language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.

BY commissioning us to work on your website/application, you agree to be bound by these terms and conditions.