All of our clients will receive a copy of the information below when deciding to choose to build a website with us. We will personalise this to our client needs.
This Website Design Agreement (the “Agreement”) is entered into 2020, by and between client, with an address of client address (the “Client”) and Sally Lou Web Design, with an address of Croft Close Redditch, (the “Designer”), collectively “the Parties.”
1. Project Description.
Client wishes to hire a Designer to create a Website.
The specific requirements and the details as stated by Client are as follows:
List of pages, colours, fonts and any other specifics
2. Schedule (Optional).
The Parties agree to the following schedule:
Initial Design Date: insert date
Client Comment/Approval Date: insert date
Final Design Date By: insert date
Clients shall be entitled to amount agreed revisions. Any revisions beyond the amount agreed shall be chargeable at a rate of £10 per hour.
The Parties agree to the following Payment and Payment Terms:
Total Fee for Services: insert value
Upfront Fee (Due Before Project Start Date): insert value
Remaining Balance Due: insert value
During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Website in its final form. Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. Designer also will not use any of this proprietary information for his/her personal benefit at any time, even after the Agreement is fulfilled.
6. Ownership Rights.
Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Project. Designer has no rights to this proprietary information and may not use it except to complete the Project. Upon completion of the Agreement, Client will own the final website design.
While Designer will customize Client’s Website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement and his/her link will be in the footer of the website. Designer will further own any template designs it may create as a result of this Agreement.
7. Representations and Warranties.
Designer represents and warrants that she has the right to enter into and perform this Agreement. Your designer further represents and warrants that he/she has the right to utilize and distribute the designs created for the Client and that such designs are not owned by anyone else to Designer’s knowledge. In the event that Designer does not have these rights, Designer will repay any associated damages the Client may experience or will take responsibility so that Client does not experience any damages.
Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to Designer to be included in this Website. If the designer notices an issue they will warn you of this before proceeding. In the event that Client does not have these rights, Client will repay any associated damages Designer may experience or will take responsibility so that Designer does not experience any damages.
8. Disclaimer of Warranties.
Designer shall create a Website for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE WEBSITE DOES NOT LEAD TO CLIENT’S DESIRED RESULT(S). THE DESIGNER IS ABLE TO USE THE WEBSITE AS A DEMO FOR FUTURE CLIENTS.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY. THE CLIENT AGREES NOT TO INTENTIONALLY DAMAGE THE DESIGNERS BUSINESS THROUGH WRITTEN OR VERBAL COMMUNICATIONS.
10. Refund Policy and Rights
For goods that have a digital element, such as a website or digital content supplied in a physical form, you do have a 30-day right to reject it and get a refund. This right applies if any part of the product, including the digital element - for example, the software on your smart TV - doesn't work properly or develops a fault. If you find a fault on your website within the 30 days we will do our best to correct it within a reasonable timeframe instead of a refund.
The Consumer Rights Act defines digital content as ‘data which are produced and supplied in digital form.’ Or in other words things like downloadable files, websites and apps.
Just like goods, digital content must be:
of satisfactory quality
fit for a particular purpose
as described by the seller
The trader must perform the service with reasonable care and skill.
Information that is spoken or written is binding where the consumer relies on it.
Where the price is not agreed beforehand, the service must be provided for a reasonable price but in our case we will always tell you the price beforehand.
Unless a particular timescale for performing the service is set out or agreed, the service must be carried out in a reasonable time.
If digital content or service does not conform to these criteria, you have the right to a repair or replacement of the digital content you've bought. If a repair or replacement isn't possible, or doesn’t fix the situation, we will offer you a partial refund where appropriate.
11. Legal Fees.
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees. We would prefer that you contact us directly first within 30 days of receiving your website password to discuss any complaints before legal proceedings.
12. Legal and Binding Agreement.
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement. The Parties agree to the terms and conditions set forth above using the final agreement below.
“Insert client name” I hereby declare that my designer has sent me these terms and conditions. By sending payment, verbal or written consent I agree to all that has been written here. I understand that this agreement still stands even when I have chosen to terminate the project early.
I also agree to the terms of this contact and know that this is legally binding.
By: MISS SL BEVAN
Date: insert date of contract
SLBevan Enterprises follows the UK privacy laws. None of your data will be sold to third parties. Your data is only shared with third parties that we use for drop shipping and to process payments.
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Services;
To provide our Users with ongoing customer assistance
To be able to contact our Visitors and Users with general or personalised service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.
Our company is hosted on the Wix.com and Ecwid platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s and Ecwid's data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
If you don’t want us to process your data anymore, please contact us at firstname.lastname@example.org.
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us.