Terms & Conditions

to help protect all parties

Summary

I’ll always do my best to fulfil your needs and meet your expectations. It’s essential to have things written down so that we both know what’s what. It is also important to know who should do what and when, and what will happen if something goes wrong.

In these terms, you won’t find any complicated legal terms or long passages of unreadable text.

I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future. So in short;

You, the customer, are hiring me, the designer. (The terms I, we and us refers to me, Kevin Oliver Web Design)

What Are Both Parties Agree To?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation.

You’ll give me the assets and information I ask for complete the project. The information shall be provided in the formats I ask for.

You’ll review our work, promptly provide feedback and approval too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Me: I have the experience and ability to do everything I’ve agreed with you. All works will be completed in a professional and timely manner.

I’ll endeavour to meet every deadline set. Furthermore, I’ll maintain the confidentiality of any information you give me.

The Nitty-Gritty

Design

I will create a design that adapts to the capabilities of many devices and screen sizes.. HTML and CSS are predominantly used, so time isn’t wasted mocking up every template as a static visual.

Visuals may be used to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback.

I’ll either share a Dropbox, Google Drive folder or Github repository or development site with you. We’ll have regular contact either in person, by phone, Slack, or Zoom.

If at any stage you change your mind about what you want to be delivered, you’ll pay me in full for the time we’ve spent working until that point and may terminate this contract.

Text content

Unless agreed separately, I’m not responsible for inputting text or images into your content management system. Nor am I responsible for creating every page on your website.

I can provide professional copywriting and editing services. If you’d like me to create new content or input content for you, I’ll provide a separate estimate.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. Any photographs need to be in high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.

If you’d like me to select images for you, we can provide a separate estimate.

HTML, CSS and JavaScript

I deliver pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for behaviours.

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.

Testing means ensuring that a person’s experience of a design should be appropriate to the abilities of a given device.

All work is tested in current versions of major desktop browsers, including:

  • Apple (Safari)
  • Google (Chrome)
  • Microsoft (Edge)
  • Mozilla Firefox.

I will not test in older versions unless agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Mobile browser testing

Testing for popular smaller screen devices is essential. I test my designs in:

  • iOS: Safari and Google Chrome
  • Android: Google Chrome

I will not test specific Android devices or other mobile browsers unless agreed upon separately. If you need me to test using particular devices, I can provide a separate estimate.

Web Hosting Technical Support

If you choose Kevin Oliver Web Design to provide web hosting, I will take care personally of all technical support. If you prefer another hosting provider, all technical support will be between you and that company.

Search Engine Optimisation (SEO)

I do not guarantee improvements to your website’s search engine ranking. However, the pages I develop are accessible to search engines.

The code architecture making up your site is semantic. Semantic means each element follows the rules as set out by W3C (World Wide Web Consortium). Therefore, each page is, by definition, optimised for search engines.

If you require specific Search Engine Optimisation, I can offer a separate service. I make no guarantees for a specific ranking.

Changes and revisions

I don’t want to limit your ability to change your mind. The project price is based on the amount of time that I estimate I’ll need to fulfil your requirements. But, I am flexible.

If you wish to change your mind or add anything new, that won’t be a problem. I will provide a separate estimate for the additional time.

Legal Stuff

I’ll carry out my work following conventional industry practices. The standard will be that of a suitably qualified person with relevant experience. However, I can’t guarantee that my work will be error-free.

I can’t be held liable to you or any third party for damages. This includes lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.

Your Limited Liability

Your liability to me will also be limited to the agreed fees payable under this agreement.

You also won’t be liable to me or any third party for damages. This includes lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them.

Finally, suppose any provision of this contract shall be unlawful, void, or for any reason unenforceable by Australian law. Such provisions shall be deemed severable from this contract.

The remaining provisions shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

To be clear, Intellectual Property Rights means:

  • All patents
  • Rights to inventions
  • Copyright (including rights in software) and related rights
  • Trademarks
  • Service marks
  • Trade names
  • Internet domain names
  • Goodwill rights
  • Rights in designs
  • Database rights
  • Rights in confidential information (including know-how) and any other intellectual property rights

You Guarantee:

You guarantee that you either own all text elements, images or other artwork. Or, you have permission to use them.

You agree to protect me from any claim by a third party that we’re using their intellectual property.

I Guarantee:

I guarantee that you either own all text elements, images or other artwork. Or, you have permission to use them.

I agree to protect me from any claim by a third party that we’re using their intellectual property.

Provided you’ve paid for the work and that this contract is still active, I’ll assign all intellectual property rights to you as follows:

  • You’ll own the website we design for you and the visual elements we create for it.
  • I’ll give you source files and finished files
  • 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.

Intellectual Property

I’ll own any intellectual property rights:

  • I’ve developed before your contract
  • Developed separately from this project
  • Not paid for by you

I’ll hold the unique combination of these elements that constitutes a complete design. I will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying Our Work

I reserve the right to display all aspects of our creative work in my portfolio, articles on websites, etc including:

  • Sketches
  • Work-in-progress
  • Designs
  • Completed project

Payment schedule

I’m sure you understand it is to pay the invoices that I send you promptly as a small business. You agree to stick tight to the following payment schedule.

[Payment details]

[Payment schedule]

I’ll issue invoices electronically. My payment terms are 7 days from the date of invoice by BACS or the SWIFT international payments system.

The relevant bank account details are displayed on our electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of [percentage] per month or part of a month.

International Customers

All proposals are in Australian Dollars (AUD), and payments are at the equivalent conversion rate when the transfer completed. You agree to pay all charges associated with international transfers of funds.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

All parties agree that we’ll adhere to all relevant laws and regulations concerning our activities under this contract. Furtherm not cause the other to breach any applicable laws or regulations.

This contract stays in place and need not be renewed.

However, if for some reason one part of this contract becomes invalid or unenforceable, the remaining parts remain in place.

Although the language is simple, the intentions are serious. This contract is a legal document under the exclusive jurisdiction of the Australian courts.

If you have any questions or concerns, please contact me at kevinoliverwd@gmail.

Last Updated: April 18, 2021