Contract Between Flair Consultancy Ltd (“We or Us”)
And the person, or legal entity you represent, purchasing through this website (“You”)
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to make the terms and conditions of buying from our website clear, so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short, you’re either:
- hiring us to design (or redesign) and develop a website, or
- hiring us to carry out some consultancy or development work, or
- hiring us to provide an ongoing service, or
- purchasing a module that we have previously developed and should work on your website.
Of course it’s a little more complicated, but we’ll get to that.
What do 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 us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner 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.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us. When we offer modules or services for sale on our our website we follow the Consumer Contracts Regulations (http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations).
Getting Down To The Nitty Gritty
We offer some modules (or “addons”) for ecommerce websites that work on the platforms we support. These are designed to improve conversions or the customer experience of visitors to your website, but we can’t guarantee that they’ll help.
When you purchase a module, and want it to be downloaded or installed within 14 days you consent to waive the 14 day cooling-off period usually available under the Consumer Contracts Regulations. The price for some of our modules includes installation, and some are offered for you to install yourself.
When we install the modules, we will make sure that they’re working correctly on your website. If you notice any problems, you must inform us of the problem within 14 days and we will either fix the problem or remove the module free of charge. If you inform us of a problem after 14 days, we will provide a separate quote for the time we estimate it will take for us to diagnose and fix the problem.
When we offer modules for you to install yourself, we provide instructions that we try to make as simple and easy to follow as possible. If you find that you’re not able to install the module, we will provide a separate estimate for the time it will take for us to install it for you.
As our modules are made up of code that can be read and copied either when you buy the module or when it is installed on your website, we will not refund the purchase price of any modules.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.)
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share an online folder, repository or development site with you and we’ll have regular contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating products or pages on your website.
We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we can provide a separate estimate for that.
Graphics and Photographs
You should supply graphic files in an editable, digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for 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. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows (the last version of IE – https://www.microsoft.com/en-gb/WindowsForBusiness/End-of-IE-support) get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile Browser Testing
Mobile browser testing 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. We test our designs in:
iOS: Safari, Google Chrome
Android: Google Chrome Inspector Emulated Devices
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Support and Optimisation Plans
We offer Support Plans that provide an allocated amount of time per month for certain types of work. We ask that you submit support requests via our helpdesk, and we will endeavour to complete the work within the timescale advised on our website for your plan.
We don’t routinely offer Telephone Support. However, if you have a Support Plan with us and phone us for advice, or call to ask us to do a job – instead of using the preferred method of submitting support tickets – we will reduce the time available in that month by the amount of time spent on those telephone calls.
If you submit a ticket that requests work that we don’t cover as part of a Support Plan, we will advise you of this and quote you separately for that.
Our Optimisation services are designed to offer you proactive support for your website, and include services that you would otherwise need to pay for and manage yourself. We carry out optimisation work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
However we can’t guarantee that the changes we make will improve your search engine results position or conversion rate, and it’s possible that we could make things worse.
The monthly subscription paid for a Support or Optimisation Plan can’t be used for any other services or modules, however, we do offer some discounts when you are subscribed to a Support Plan.
You can change your subscription to a higher or lower plan at any time. If you change to a higher plan, we may charge the difference for the current month if you want to use the additional time immediately. If you change to a lower plan, the change will be made at the time of your next subscription payment, no partial refunds will be issued for Support or Optimisation plans.
If you are not happy with the service provided by a Support Plan, or the results of an Optimisation plan, you can cancel your subscription. No refunds will be issued for the current month, but if you’ve already paid for the following month, and cancel before the start of that month, we will refund that payment.
We’re not a website hosting company so we don’t offer technical support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can quote for basic hosting for services or websites that we have developed for you, or set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you, unless you ask us to provide a separate estimate for that.
We do not offer any hosting for email accounts, but can set up an email service including mailboxes and migrate old email (if required) with one of our preferred services, and we can provide a separate estimate for that.
Search Engine Optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
Changes and Revisions
We don’t want to limit your ability to change your mind. The price we quote for a project is based on the time that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. We will consider making any reasonable amendments to a design free of charge, based on feedback you provide. If you want to change your mind, start again or add anything new, that won’t be a problem as we’ll provide a separate estimate for the additional time.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work, modules, or attempts to optimise your website or improve conversion rates will be error-free and so we 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 us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “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 your good selves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we 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 this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re 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.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay
the invoices that we send you promptly. As we’re also sure you’ll want to stay
friends, you agree to stick tight to the following payment schedule.
Products or Services bought from our website:
Immediate payment by Credit/Debit card or Direct Debit authorisation.
Project or Ad-hoc Work:
We will advise you if a deposit is to be paid, or whether we require full payment up front.
If you pay for a job up front:
We’ll schedule any work when we’ve received the payment.
When a deposit is to be made:
We will issue a link to pay online, or an Invoice, for a percentage of the quoted value. When the deposit has been paid we’ll consider the order to have been placed and will
schedule the work.
Depending on the value of the project a stage payment may be due 1 month from when the project commences. We will advise you of this at the time of your order.
When the work is ready to go live we’ll issue a link to pay online, or an Invoice for the balance of the job. This will usually be the total project value minus the deposit paid and any stage payments made, unless we have advised you of additional costs, or you have requested any additional work during the project.
When the balance has been paid we’ll complete the project. We’ll also resolve any issues that arise as a direct result of the work we’ve done, if you advise us of these within 14 days. If you advise us of issues after 14 days we may need to provide a separate quote for the time we estimate it will take for us to diagnose and fix the problem.We issue invoices electronically. Our payment terms are 7 days from the date of invoice by bank transfer or international bank transfer. All proposals are quoted in Great British Pounds (GBP) and payments will be made at the equivalent
conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the statutory interest rate and debt recovery costs in accordance with Government guidelines.
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.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.