Terms and Conditions

Updated March 2024

I will always do my best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong.

In these terms you won't find complicated legal jargon or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties however, now and in the future.

In short...

You are hiring me to deliver products or services for the estimated total price as per my latest quotation or latest correspondence. Of course it's a little more complicated, but we'll get to that.

What do we both agree to do?

I have the experience and ability to perform the services you need from me and will carry them out in a professional and timely manner. As my client, you must have the power and ability to enter into a contract on behalf of your company or organisation.

Along the way I will endeavour to meet any deadlines set, but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed-off my work on-time at any stage. Deadlines work two ways and you will also be bound by any dates that we set together.

You agree to review my work, provide feedback and sign-off approval in a timely manner too. You also agree to stick to any payment schedules set out at the end of your contract.

My standard request for images or textual content is always electronically, unless stated otherwise. You agree to provide me with everything that we need to complete the project including text, images and other information as and when I need it, and in the format that I ask for.

Let's get down to a little more detail...

Non-Disclosure

If you intend to disclose confidential information to me for the purpose of entering into a contract for work, I agree not to use the information for any other purpose, without first obtaining written agreement from you.

I do not record private phone calls or conversations, unless specifically asked to in writing by you. See my Privacy Policy for more info.

I agree to keep any confidential information secure and not to disclose it to any third party, except to employees and professional contractors who need to know the same for the purpose of completing our contracted work and who know they owe a duty of confidence to you and they are bound by the same obligations as me.

This applies to all of the information disclosed by you to me, regardless of the way or form in which it is disclosed or recorded, but does not apply to: 

• Any information which is or in future comes into the public domain (unless as a result of the breach of this agreement); or
• Any information which is already known to me which was not subject to any obligation of confidence before it was disclosed to me.

On request, I will return all copies and records of the confidential information to you and will not retain any copies or records of the information. The supply of any information does not grant me any license, interest or right in respect of any of your intellectual property rights, except the right to copy the confidential information solely for the purpose of completing any contracted work. 

Just to be clear however, nothing in these terms will prevent me from making any disclosure of confidential information if required to do so by law or by any competent authorities.

If you wish to have a more formal Non-Disclosure Agreement (NDA) that requires signatories and witnesses, let me know and I will send one out to you before we speak.

Design Services

If you're not happy with any of my design work at any stage of the project, you will pay me in full for any work that I have produced until that point and you may either cancel your contract or continue to commission me to make further design revisions at the hourly or daily rate set out in our original quotation(s).

Text Content

I may have written best-sellers in the past, but I'm not responsible for writing or inputting any text copy into your project unless specified in the original quotation. I'm happy to help though, and in addition to the quoted price I will charge you an hourly rate for copywriting or content input.

Photographs / Videos

You will supply me with photographs either in a digital or a printed format suitable for scanning.

If you choose to buy stock photographs I can suggest vendors of stock photography. All stock photography will be invoiced for separately on the final invoice at the completion of all work unless specifically included within a project quotation.

Changes and revisions

I know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. I don't want to limit either your options or your opportunities to change your mind.

My estimate or quotation prices are based on the number of hours or days that I estimate I'll need to accomplish everything that you have told me you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. However, you WILL be charged the hourly or daily rate set out in the quotation(s) I gave you.

Along the way I might ask you to put requests in writing so I can keep track of changes.

DOMAIN NAMES

Unlike many other web designers, I don't take responsibility for clients' domain names. You can however, set up an account with a registration provider (For example, 123reg, GoDaddy, Squarespace or similar) then I can manage the domain and DNS settings for your web builder account from there. You'll then get any renewal fees for the domain name directly to you..

support

I will charge you a one-off fee for configuring your website on the web builder platform. See your quotation for more detail on what is included.

Web BUILDER Security

The beauty of using a web builder platform is the savings that come from having a website that is managed and hosted externally. All security issues are handled by my provider in regular updates to the entire platform. Contact me to discover more about the security arrangements when using the web builder platform or find out more for yourself here: https://support.duda.co/hc/en-us/articles/1500001597862-Security-Measures

WEB BUILDER FUNCTIONALITY

I can't guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so I can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate your web site and any other web pages, even if you have advised me of the possibilities of such damages.

CONTENT Copyrights

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good self, or that you have written permission to use them.

I own the HTML Mark-up, CSS and any other code and I license it to you for use on this project. When I receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that I create for you for this project. I will provide you with a copy of all files, if requested. You also own text content, photographs and other data you provided, unless someone else owns them.

I also love to show off my work and share what I have learned with other people, so I also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on web sites, blog articles, social media or in magazine articles and books about design, unless otherwise stated.

Stale Projects

If a project cannot be moved on any further or you have not shown sufficient response to providing content or valuable feedback which as a result delays the project from progressing, after an 8 week period then I will invoice for the work done to date.

As soon as you have delivered sufficient content or feedback to progress the project, then I will reschedule the project back into my current schedule again.

Cancellations and Refunds

I will provide a full refund for any contracted work or any deposits received within a fourteen-day period from the payment received date, assuming no work has already been carried out or costs have been occurred. If any work or costs have been incurred, I will only refund the difference.

I cannot provide any part or full refunds for any annual or monthly subscriptions for cancellations after this 14 day period, this includes; web builder platform hosting, app subscriptions or licenses for stock imagery etc.

Payment Terms

All payment terms are clearly marked on all quotations as these can change on a per project basis.

Typically my payment terms range between 7, 15 or 30 days and a deposit (to be negotiated per project) is required from any new client before any work is carried out.

Once a deposit is paid and work is completed you are obliged to pay the balance of payment in full.

Late Payments

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. 

As I'm also sure you'll want to stay friends, you agree to stick to the payment schedule that will be detailed within our quotation. I will contact you via email and telephone to remind you of such payments if they are not received when due.

It is my policy that any outstanding accounts for work carried out by me are required to be paid in full, no later than the stated days from the date of the invoice unless by prior arrangement.

If accounts are not settled or I have not been contacted regarding the delay, access to the related website(s) or other online accounts and services will be removed.

Following consistent non-payment of an invoice, a solicitor will contact you with a view to taking the matter further and if need be, to seek payment through legal procedures and if necessary court summons.

Reactivation of suspended service(s):

Customers whose website has been suspended due to non-payment of hosting/access fees will be required to pay all outstanding fees as well as a reactivation charge. The reactivation fee is non-negotiable. I also reserve the right to refuse transfer of a web site to another server that has an unpaid past due balance.

If payment, including reactivation fee is not received within 30 days of your suspension notice, the account will be cancelled and archived and the removal of all files on the hosting space. This permanent cancellation of your account does not alleviate your payment obligations for the outstanding balance that is owed to us.

Sites will be reactivated within 24-48 hours if payment is made within the 30 days after the suspension of the account.

Your Privacy

I do not share or sell any of your details with/to third party companies without your express permission and I will only email you or contact you about work related matters.

You can read more details on my privacy policy here .

Where is all the horrible small print?

Just like a parking ticket, you cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Although the language is simple, the intentions are serious and these Terms and Conditions are governed by, and are to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement. 

If you have any concerns as to how your projects are managed, or if you have any questions about our privacy policy or practices more generally, you can contact our compliance manager at data@nomad-design.co.uk, or you can write to me at:

FAO Data Compliance Manager

Nomad Remote Digital Studio

32 Victory Way, Laceby Acres, Grimsby, Lincolnshire DN34 5UZ