General terms and conditions
Agreement outline and general responsibilities
Client’s responsibilities: The Client has the authority to enter this contract on behalf of themselves, their company or their organization. The Client is expected to provide The Designer with assets and information necessary to complete the project. The information and the assets should be provided in a timely manner to ensure that the preliminary delivery dates are met. The Client is expected to respect the payment schedule. Please find the project/payment schedule and the project delivery dates attached at the end of the contract.
Designer responsibilities: The Designer has the experience and the ability to deliver the service outlined in the initial offer (copy of the package overview can be viewed on page 5). The Designer ensures that the abovementioned services will be delivered in a professional and timely manner. The Designer will endeavor to meet every deadline that is set and guarantees the confidentiality of the information the client provides.
Text and visual content
Unless agreed separately, The Designer is not responsible for creating any textual or visual content for the client’s website. Copywriting and graphic/photographic services are not included in the initial offer, but can, however, be provided on demand, upon separate agreement.
The Designer may consult The Client on the list of necessary textual and visual content that needs to be provided. The content needs to be provided in a timely manner, in order to ensure that the design schedule is met. The Designer is not responsible for any delay in communication on The Client’s side.
The requested texts should be provided via Google Document created by The Designer. The photographs should be provided in high-resolution digital format. The graphic files should be provided in an editable, vector digital format.
The Client guarantees that all elements of text, images or other artwork they provide are either owned by them, or they have a permission to use them, to avoid damaging intellectual property rights.
Legal requirements and GDPR
The Client is requested to provide all the legal materials necessary for making sure the website complies with the current data protection regulations (GDPR). The Client is encouraged to use the legal texts composed or approved by the certified lawyer. The Designer is neither qualified nor required to pass any legal judgment on the texts provided.
If the collection of personal information happens on the website (e.g. through the use of contact form, newsletter etc.) it in The Client’s best interest to make sure the SSL certificate is in place, in order for the site to comply with the current data protection regulations (GDPR).
Technical specifications
The Designer will deliver a website configured with the WordPress content management system, to ensure that The Client can maintain and update the content in the future, if necessary. The website will be built the base of the Divi theme. Additional coding with HTML and CSS can be used to customize the design according to The Client’s specific needs, with regard to the frontend design. The dashboard of the content management system will be configured in a way that will be easy to understand for The Client.
The Designer can provide additional website maintenance services in the future upon request and a separate agreement.
Browser testing and mobile browser testing.
The Designer guarantees that the website will have full functionality in all the current versions of following browsers: Google Chrome, Mozilla Firefox, Safari.
The website will be tested for responsiveness on iOS9: Safari and Android: Google Chrome or Android Emulator for screen sizes bigger then 767px for tablets and bigger then 480px for mobile phones.
The Designer is not required to test the website for compatibility with outdated browsers or specific and rare mobile devices. If The Client requires such testing it can be provided upon request and a separate agreement.
Search engine optimization (SEO)
The Designer will assure that the webpage is accessible to search engines. The Designer does not guarantee improvements to the client’s website’s search engine ranking. Unlike the implementation of a new website, SEO is an ongoing process that should be managed by dedicated professionals in case The Client finds it necessary.
Changes and revisions
The Client is guaranteed up to 2 hours of revisions and minor changes on the final webpage, if client finds such revisions necessary. Structural changes, including changes of the layout agreed upon, will not be possible. Further revisions, including structural changes, can only be provided upon separate price estimate according to The Designer’s hourly rate.
Displaying work
The Designer reserves a right to display their work as part of their portfolio, in form of sketches, work-in-progress designs and the completed project (links and screenshots).
Copyright and usage rights
The Client will only be granted the usage rights for the website once the payment requirements were met and the project was paid completely, as agreed upon.
The rights are restricted to non-exclusive, temporally and locally unlimited usage. The use of design, including all elements, is restricted to the website.
Transfer of usage rights
The Client will only be granted the usage rights for the website once the payment requirements were met and the project was paid completely, as agreed upon.
Cancellation
Failure to comply with the deliverables structure and timeline outlined above without a valid reason (such as sickness or unforeseen events) could lead to the cancelation of the project.
Changes of timeline for the deliverables are only possible upon a separate agreement that fits both sides involved.
In the event of cancellation, The Designer will be compensated for services performed by the date of cancelation in the amount of a prorated portion of the fees due, stated in a separate agreement. Upon cancellation all rights to the website revert to The Designer and all original art must be returned, including sketches, layouts, or other preliminary materials.
This Agreement constitutes the entire understanding of the parties and shall be binding upon both parties. Its terms can be modified only by a writing signed by both parties. Any dispute arising out of this agreement will be resolved by negotiation between the parties.