Terms and Conditions
Terms and Conditions for work provided by Kelly MacPhee Design. (The Developer)
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.
Commencement of Work
Payment of the initial deposit will be considered an acceptance of the contract for work.
Domain Names & Hosting
Note that the Developer does not offer domains or hosting themselves, but do host with third parties. While the third party is chosen based on a trusting and successful relationship in the past, the Developer is not responsible for any shortcomings or errors that may occur on the part of the third parties. The Developer may purchase domain names and hosting on behalf of the client. Payment and renewal of these domain names and website hosting is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of the Developer.
The client will gain the total ownership of the finished, assembled web pages, templates, graphics, logos, branding, artwork, marketing copy, source code and instructional material produced by The Developer once final payment has been received.
The Client will make every effort to ensure websites are designed to be viewed by the majority of visitors. Client agrees that The Developer cannot guarantee correct functionality with all browser software across different operating systems. The Developer cannot accept responsibility for web pages which do not display acceptably in new version of browsers released after the website have been designed and handled over to the client. As such, The Developer reserves the right to quote for any work involved in in changing the website design or code for it to work with updated browser software.
Third Party Software
The Developer will not be held responsible for any technical or browser compatible problems caused by third party software and plugins. This includes but is not limited to any issues caused during plugin updates after the website has been completed. Third party software includes but is not limited to: WordPress Software, WordPress Plugins, Browsers, Payment Gateways, Website Hosting, Website Domains.
Termination of contract
The contracting party will not have the right to cancel this contract after the project has commenced. If, after commencing the project, the contracting party decide not to continue with project development, then the contracting party is obliged to pay the total amount of work that has been completed up to the day of cancellation based on £35 hourly rate.
The Developer shall not be liable to the Client for any damage to software, damage to or loss of data, or for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill, or business opportunity, or for any indirect or consequential loss or damage.
The Client shall not be liable to the Developer for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill, or business opportunity, or for any indirect or consequential loss or damage.
The client shall promptly, at the Developer’s request, provide the Developer with any and all information, data, documentation and site materials that the Developer reasonably requires. The Client shall be fully responsible for the Client site materials and for the content, accuracy, and completeness thereof and shall indemnify the Developer against any and all damages, losses, and expenses arising as a result of any claims or proceedings on the grounds that the client site materials contain any material that is unlawful or otherwise offensive. This includes but is not limited to material that breaches the intellectual property rights of any third party.
The Client hereby acknowledges that the Developer’s ability to perform its obligations including, but not limited to, the design and development of the website in accordance with the project specification is dependent on the Client’s full and timely cooperation and the Client heeby agrees to provide the same.
Any invoices not paid after 14 days may incur additional charges.
During each project the client is responsible for:
- Communicating regularly with The Developer
- Assisting with any content or images required to complete the project where necessary
- Obtaining valid licenses for any imagery sent from the Client to The Developer
- Advising The Developer of any GDPR notices that need to be included within the website
During each project The Developer will not be held responsible for failure to meet deadlines due to poor client communication.
During each project The Developer 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 The Developer have a valid license
Hand Over of Work
The completed website will not be put live and any high resolution designs for print will not be handed over until final payment has been received.
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 the Developer
- Checking all content is correct including any content provided by the Developer
- 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 the Developer must strictly be used by the Client for web and marketing purposes only. Further information can be requested if necessary.
The Developer 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
- Any legal or GDPR content. It is advised that any such content is provided by the client and confirmed with a legal professional. Any templates provided by The Developer including, but not limited to, privacy policies, website terms and conditions and contact form confirmations have been downloaded from online templates and are not guaranteed to be accurate.
- 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 The Developer will work on the Clients behalf to liaise with third party website hosting companies to fix any issues
- The Developer will not accept liability for any issue raised after 10 working days
All artwork remains the property of The Developer until final payment has been received. Once final payment is received, all artwork will become the property of the Client, excluding any stock images.
All timescales given to the Client are estimated only.
Ongoing Website Maintenance and Support
The Developer 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 all form connections 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.
Working hours are Monday – Friday 9am – 5pm except for Public UK Bank Holiday.
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.