BW Design & Digital: Standard Terms of Service
Web Design Contract
This Website Design Agreement (“Agreement”) is made between the Client and (“Web Designer”) Blair Gorman of BW Design & Digital (BWG MKT LTD) & the agreement starts when the initial commencement fee is invoiced and paid.
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1. Services
The Web Designer will provide the following services: Pre-agreed website scope at the agreed cost, either verbally or in writing.
The services will include the following number of revisions: 3. This is the scope of work the parties agree upon. For changes or additional requirements, a change order will have to be filled, agreed upon, and signed by both parties.
2. Cost and Payment
The Web Designer will charge the agreed sum with 50% being paid upfront as a commencement fee for the services mentioned. The payment will be divided into milestone payments.
3. Confidentiality
During the term of this agreement and afterward, the Web Designer will use reasonable care to prevent the unauthorized use or dissemination of Client’s confidential information. Confidential information is limited to information clearly marked as confidential.
Confidential information does not include information that: the Web Designer knew before Client disclosed it; is or becomes public knowledge through no fault of Web Designer; Web Designer obtains from sources other than Client who owe no duty of confidentiality to Client, or Developer develops independently.
4. Termination of Agreement
This Agreement will automatically terminate when both Parties have performed all their obligations under the Agreement and all payments have been made.
Should there be a desire to terminate the agreement before the completion of the project, the Client will notify the Web Designer in advance, and pay for services already completed and for hours already worked.
Termination circumstances:
If the client wishes to terminate before completion, they will provide specific feedback and the Web Designer will be given at least one opportunity to bring the project closer to the vision of the client after notice of termination.
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If the client decides to terminate without giving opportunity for resolution then the full amount will be paid by the client to confirm termination as to avoid a circumstance of loss of earnings.
Late Termination with Full Commitment Due:
If the project is in its latter stages where a final draft has been delivered for review, and the client wishes to terminate early without providing thorough and specific feedback then 100% of any outstanding payments must be made at the time of termination to cover time spent.
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This scenario is referred to as a late termination with full commitment due.
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Penalties on Terminations unsettled:
Should the client choose not to pay the outstanding costs on termination then the following penalties will be applied.
- Payment made on same day as late termination with full commitment due will have no penalty and will require to only settle the outstanding (or a % agreed by both parties).
- Payment made after midnight of the late termination with full commitment due will be subject to a loss of planned earnings penalty of £250 in addition to the outstanding costs.
- Every subsequent day after this will be subject to an additional £25/day accumulating cost in addition to the loss of planned earnings penalty and the outstanding project costs.
5. Limitation of Liability
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
6. Intellectual Property
The Client will own the website and any visuals provided by the Web Designer. The Web Designer will turn over all necessary files.
The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide the Web Designer with, and will not hold the Web Designer responsible for any third-party claims.
The Web Designer will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.