OFFICIAL GENERAL TERMS
1.1 Quotations are valid for 30 days. If a contract is signed but then the work is delayed by the client for more than three months then we reserve the right to re-quote inline with any changes to price structure during that time.
1.2 Responsibility of final proofreading of website content lies with the client and any corrections may be subject to additional charges. Changes as a result of an error by The Smart Bear will be corrected free of charge.
1.3 A signed contract is required before any work is undertaken. (This can be in email form too, where the client accepts these terms and conditions in writing in an email.) This indicates that the client accepts the terms and conditions. The Smart Bear will not be held liable or responsible for the end use of any documents or project and we retain the right to reject work which we feel is illegal, immoral or objectionable.
1.4 Unless otherwise agreed, all content and images will be provided by the client. And please note, we will not check the copyright of images provided; this is the responsibility of the client.
1.4.1 Banners/headers/buttons: for websites, simple text-based images can be created, inline with the final design but anything more complex will need to be included in the quotation/contract as it will incur additional charges.
1.4.2 The client will be responsible for all data input over the ‘included pages’ specified in the package, including any blog post data input. Product data input, where applicable, will be solely the responsibility of the client.
1.4.3 The client has two review opportunities during the workflow process at set times. Any changes to design or function after these reviews may incur further charges.
1.4.4 Any meetings, outside the initial free consultation, the first/second or final draft stages, and included training sessions, will be charged at our normal hourly rate.
1.5 Bug and glitch fixing or email support ends two weeks after the completion of a project (‘go live’), unless otherwise agreed or quoted for in advance. Any further support will be charged at my normal hourly rate.
1.6 Support (whether prepaid or adhoc) is undertaken during working hours only in the UK (9.30am to 5.00pm), Monday to Friday excluding UK bank (public) holidays. Emergency Support requested or undertaken after hours, on weekends, or on holidays may be charged at a higher rate.
1.6.1 The Smart Bear cannot guarantee the availability of immediate support but will make every effort to accommodate the needs of clients, where possible.
1.7 Security and Backups: The Smart Bear will do our utmost to ensure that your website is secure, by setting backups where applicable, teaching the client how to take hosting backups where possible, and taking backups prior to starting any upgrades/updates. However, we will not be responsible for the general security and availability of client’s sites.
1.8 Ownership of any work remains with The Smart Bear until all payments are received. We reserve the right to decline further work on a project if there are invoices outstanding, and we reserve the right to remove the work from the internet/public domain if payments are not received. For new builds, we will not provide administrator access until the site has been completely paid for.
1.9 The client will always be the legal owner of their website, hosting, domain name and administrator details, once full payment has been made. We will pass all admin details to the client once a project is complete and all outstanding monies have been settled.
1.10 If a third party works on the website, we will not be responsible for fixing any subsequent errors. And, although we are happy to help fix the problems, all work will be chargeable.
1.11 If coaching, consulting or additional sub-contractors are required to get the client to a stage where work can commence, this will be recommended & quoted for.
1.12 The Smart Bear aims to communicate openly with our clients; we will update you with news of your projects, both good and bad, so that you know we’re doing our best to reach your goals, too.
1.13 Mockups are not provided. However, if you do want one, for an additional fee (paid upfront) we will subcontract a graphic designer for this service, and only after the contract is signed/deposit is paid.
1.14 Any support (outside of any training provided with a package) including calls, emails (or instant messages on social networking sites) which take over 15 minutes will incur a charge.
1.15 We will not be held responsible for the working of any third party software, including plugins, that the client has agreed to use or purchase. Nor will we be held responsible for their ongoing license fees or maintenance.
CHARGES AND PAYMENTS
2.1 We typically require a 50% deposit before work starts and then 2 further installments of 30% and 20% (during the build and on go live, respectively). However, we can set up a tiered payment plan if the client prefers to pay in installments where there is a smaller initial upfront deposit and then small payments after each stage of work, if agreed in advance.
2.2 Payment must be made in advance for any training.
2.3 Payment can be made electronically, cash or by cheque.
2.4 Payment of outstanding balances is strictly 14 days from the date of invoice, unless another agreement is reached.
2.5 Failure to pay within 30 days will result in interest being charged (at a rate of 5%) per month or part thereof on the outstanding balance and the debt will be passed to a debt collector.
2.6 We stipulate that all website builds must be completed within three months unless there are exceptional circumstances agreed in advance.
CONFIDENTIALITY AND DATA PROTECTION
3.1 Confidentiality is guaranteed at all times.
3.2 No information will be made available to any third party, unless required by the laws of England in the case of criminal or other investigations.
If a client is unable to agree to these Terms and Conditions then any quotation or contract (written or verbal) becomes null and void.