Terms and Conditions
All work carried out requires a minimum of 35% deposit payment upfront. No work will be started until this payment has been received. The start date of each project begins on receipt of deposit.
In the event that any project is cancelled by either party, Kelly MacPhee shall issue a final invoice for any unbilled time or materials. The Client must pay the final invoice within 14 days.
If the amount of work carried out calculated per hour is lower than the deposit paid, the client may be entitled to a part refund at the discretion of Kelly MacPhee.
Any invoices not paid after 14 days may incur additional charges.
During each project the client is responsible for:
- Communicating regularly with Kelly MacPhee
- Assisting with any content or images required to complete the project where necessary
- Obtaining valid licenses for any imagery sent from the Client to Kelly MacPhee
During each project Kelly MacPhee will not be held responsible for failure to meet deadlines due to poor client communication.
During each project Kelly MacPhee will be responsible for:
- Notifying the client of any risks or schedule delays may take place effecting delivery dates and presentation of the final website / design work.
- Attaining design approval from the Client prior to beginning development by submitting detailed design mockups for Client review.
- Ensuring any written content provided abides by copyright laws
- Ensuring all stock images provided by Kelly MacPhee have a valid licence
Hand Over of Work
Once each project has been completed the client is responsible for the below:
- Checking spelling on all artwork / printed artwork / website pages including any content provided by Kelly MacPhee
- Checking all content is correct including any content provided by Kelly MacPhee
- Any content provided by the client must abide by copyright laws. This is the client’s responsibility to check and seek advice.
- Obtaining valid licences for any future images used on the website or any printed artwork.
- Abiding by copyright laws for any future content used on the website or any printed artwork.
- Any stock images provided by Kelly MacPhee must strictly be used by the Client for web and marketing purposes only. Further information can be requested if necessary.
Kelly MacPhee is not responsible for:
- Any third party plugins on websites
- Any delivery delays for printed work such as flyers, business cards, etc.
- Any future images or content the Client may want to use on their website
- All efforts will be made to ensure websites work and function correctly across all browsers, however non-compatibility issues with older website browsers cannot be guaranteed
- Any issues with third party website hosting, however Kelly MacPhee will work on the Clients behalf to liaise with third party website hosting companies to fix any issues
- Kelly MacPhee will not accept liability for any raised after 10 working days
All artwork remains the property of Kelly MacPhee until final payment has been received. Once final payment is received, all artwork will become the property of the Client, excluding any stock images.
Website Hosting and Domains
All website hosting and domain registration is carried out through a third party provider and it is the clients decision who they want to use. Kelly MacPhee will offer advice and support, but will not be responsible for any hosting / domain payments or technical failures.
All timescales given to clients are estimated only.
Ongoing Website Maintenance and Support
Kelly MacPhee offers ongoing website maintenance and support which is a fixed price payable by monthly direct debit via GoCardless. The fixed fee will be determined based on the size of the website, whether it is e-commerce, and the estimated number of edits. This fee includes:
- Ensuring wordpress and all plugins are up to date
- Checking contact form connections are working
- Checking any mailchimp forms are working
- Monitoring the security of the website with a third party security & firewall plugin
- Making any content and image updates required by the Client*
*Any content updates that exceed the monthly payment fee will be invoiced at £35 per hour.
Law and Jurisdiction
The law of England and Wales applies.
Use of This Website
The term ‘[business name]’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless written permission has been granted by Kelly MacPhee Design.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that I endorse the website(s). I have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.