TERMS & CONDITIONS

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Designed by HOWiE are defined in the project quotation based on the design brief we ask the client to complete that the Client receives via e-mail. Quotations are valid for a period of 30 days. Designed by HOWiE reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design and other design services require a non-refundable advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. A second charge of 50 percent which is the balance of the quotation is required after the development stage, and upon completion of the work, prior to uploading to the server or release of materials.

In the event the client holds on to content for longer than 10 days after it has been requested by Designed by HOWiE to finalise a website, and this is out of the control of Designed by HOWiE. We reserve the right to invoice 40% of the fee. The final 10% payment will be invoiced once the client forwards the final part of the content that Designed by HOWiE has requested from the client to finish the website.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

Client Review

Designed by HOWiE will provide the Client with an opportunity to review the appearance and content of the website or graphic design materials at various points during the design phase, requiring sign-offs at each stage, and once the overall website or graphic design development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Designed by HOWiE otherwise within ten (10) days of the date the materials are made available to the Client.

Maximum revisions for the initial design phase is 5 revisions, once a design is agreed (signed off by the client) and the work started any major change to the initial designs could incur an extra cost. Content changes (copy and images) and minor design tweaks are not included in this and would not incur any additional costs.

After 10 days from the materials being made available to the client, the client requires additional changes to be made, this work will be charged at the rate of £40.00 per hour.

Turnaround Time And Content Control

Designed by HOWiE will install and publicly post or supply the Client’s website or graphic design materials by the date specified in the project proposal, or at date agreed with Client upon Designed by HOWiE receiving initial payment, unless a delay is specifically requested by the Client and agreed by Designed by HOWiE.

In return, the Client agrees to delegate a single individual as a primary contact to aid Designed by HOWiE with progressing the commission in a satisfactory and expedient manner.

Prior to the project starting, a brief will be needed on the requirements of the outcome required by the client.

During the project, Designed by HOWiE will require the Client to provide website documents or appropriate content, such as; text, images, movies and sound files, unless the Client requests this information to be supplied by Designed by HOWiE. Upon this request, an appropriate quote for the additional costs of supplying these materials will be supplied to the Client. Upon agreement of the quote, Designed by HOWiE will invoice the Client prior to purchasing the items requested by the Client.

Failure To Provide Required Website Content

Designed by HOWiE needs to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website or graphic design files. These pages should have the same titles as the agreed website pages or graphic design files. Contact us if you need clarification on this.

Using our content management system for Websites, you are able to keep your content up to date yourself.

Payment

Invoices will be provided by Designed by HOWiE upon completion but before publishing the live website or releasing design files without watermark protection. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt unless otherwise agreed. Accounts that remain unpaid thirty (30) days after the date of the invoice will incur a one off admin fee this will be added to the invoice at the cost of £60. The invoice amount will also be assessed by a monthly service charge in the amount of the higher of three and one-half percent (3.5%) or £50 per month of the total amount due.

Additional Expenses

Client agrees to reimburse Designed by HOWiE for any additional expenses necessary for the completion of the work. Examples would be the purchase of themes, plugins, special fonts, stock photography etc. Designed by HOWiE will ensure you are aware of these charges before we purchase what is required.

Web Browsers

Designed by HOWiE makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer Edge, Google Chrome, etc.). Client agrees that Designed by HOWiE cannot guarantee correct functionality with all browser software across different operating systems.

Designed by HOWiE cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Designed by HOWiE reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Designed by HOWiE’s Web space, Designed by HOWiE will, at its discretion, remove all such material from its web space. Designed by HOWiE is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Designed by HOWiE reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Designed by HOWiE in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

For services provided on a retained option, a handover and transitional period are required to ensure you continue with the high-quality products and services moving forward. Designed by HOWiE will require written notice of (60) days of intent to terminate the retainer agreement. E-mail or telephone requests for termination of retainer services will not be honoured until and unless confirmed in writing. This is to ensure handover is completed smoothly and without complication.

Indemnity

All Designed by HOWiE services may be used for lawful purposes only. You agree to indemnify and hold Designed by HOWiE harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Designed by HOWiE the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Designed by HOWiE permission and rights for use of the same and agrees to indemnify and hold harmless Designed by HOWiE from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Designed by HOWiE that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, secure file sharing (like Dropbox) or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Designed by HOWiE to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to Designed by HOWiE will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is to be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Designed by HOWiE’s portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, Designed by HOWiE must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Designed by HOWiE cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Domain Names

Designed by HOWiE may purchase domain names on behalf of the Client. Payment and renewal of those domain names 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 Designed by HOWiE. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Hosting

Designed by HOWiE uses the award-winning UK based krystal.co.uk to host all websites.

We take all reasonable steps to ensure that your Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if your Website is unavailable at any time.

Hosting renewal is an annual payment. Invoices will be generated 30 days before the hosting renewal is due. Non-payment of the hosting renewal may lead to your hosting account being suspended meaning any content (your website) will not be accessible to the viewing public. Fair warning and reminders will be given before this happens.

Suspended hosting accounts will incur a one-off admin fee of £50, this will be added in the form of a reactivation fee to the original annual hosting costs. Once paid the suspended account/accounts will be reactivated.

Payment renewal of annual hosting is the responsibility of the Client. The loss of any business brought about by non or late payment (a suspended account) is not the responsibility of Designed by HOWiE. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

Designed by HOWiE hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Designed by HOWiE to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Updating these terms and conditions

Designed by HOWiE may update these terms and conditions by posting a new version on this website.

Checking this page occasionally will keep you up to date with any changes to this policy.

These terms and conditions were last updated on 23/06/2021.

Contacting Designed by HOWiE

If you have any questions about these terms and conditions, please write:

By email:
hello@designedbyhowie.co.uk

By post:
Designed by HOWiE,
3 Blackthorn Crescent,
Brixworth,
Northamptonshire,
NN6 9WD,
UK

English law

This website and its contents are governed by English law.