Please read through our Terms & Conditions carefully as they form the main basis of all our working relationships. We update these Terms & Conditions regularly and the most recent updates were made on 17th January 2020.
A hard copy of these terms can be obtained by request, please email us at email@example.com.
We, known as the “Developer” throughout these terms, are London Brand Impact Limited (trading as Webshape Design) registered in England and Wales with company number 08941636. Our address is East Side Offices, Kings Cross, London N1C 4AX and we can be contacted by phone at 020 3637 1260 or by email at firstname.lastname@example.org.
The following terms and conditions are agreed between both parties for the services whether that be development of (a) a website (the “Website”), (b) design work (the “Designs“), (c) a bespoke application (the “App“) and/or (d) the consultation services in accordance with the agreed specification that will be drawn up in writing between the Parties (the “Letter of Engagement” or “Project Specification”). As soon as this document (the “Agreement”) is signed, the services shall be developed (or created) by us (the “Developer”) for you (the “Client”).
In consideration of the Client paying the Developer the relevant Fees (as set out in the Letter of Engagement or Project Specification), the Developer shall provide the services in accordance with the Project Specification for the Client.
The Client agrees to deliver to the Developer all the relevant content, data, images and any other information including any trade marks, trade names, logos and other branding owned by the Client that are required for the Project.
The Client understands that the Developer’s ability to complete the Project is very much dependent on the full co-operation of the Client and therefore will undertake to notify the Developer of any delays in delivering the required content.
The Developer cannot be responsible for any delays or additional expenses incurred by the late delivery or non-delivery of the required content.
By signing the agreement form or letter of engagement, paying a deposit payment or asking us to proceed with the work detailed within it, a binding agreement will come into place, which cannot be cancelled without consent from both you and us.
This agreement is governed by English Law and you and we agree that disputes can only be settled within English Courts.
This Agreement constitutes the entire agreement between the parties with respect to all matters referred to herein and supersedes all earlier warranties, representation or statements made by the parties (whether oral or in writing).
Unless expressly agreed in writing before the start of the Project you are agreeing to pay for your order in accordance with our simple payment terms. These require:
(1) a 50% deposit to be made once the agreement has been signed in order for work to begin,
(2) a further 25% to be paid once the initial design stage has been completed and approved by you and
(3) the remaining 25% balance due on delivery or completion of works and no later than 10 days after this point.
We consider a project completed if we are waiting for content from you that is preventing completion of the project.
Where payment is not made, we will charge interest on outstanding balances at a rate of 5% per month unpaid. Where online services have been provided (websites, email templates, etc) as part of this or previous orders, all online services may be suspended until payment is made in full.
We accept payment by the means of bank transfer/BACS payments. If you wish to pay by cheque we will charge a processing fee of £50 per cheque. If you wish to pay by credit card, debit card or direct debit we will charge a processing fee and notify you of that fee before processing any payment.
Additional charges will be applicable should you request changes to the design or functionality that are substantially different to your original requests as set out in the agreed specification once the project has commenced.
All goods and files provided or delivered as a result of this order will remain the property of the Developer, and our suppliers where relevant, until payment is received and cleared in full.
We retain the copyright on all designs we produce until payment is received in full, upon which we then assign the copyright for the designs to you.
We retain full copyright of the computer source files used to create your design, but will release these (to allow you to use alternative printers, sign writers, etc) on request, subject to an administrative release fee. Please notify us at the start of the project if you require this as part the arrangement.
For any images or content that you supply to us, you must have full permission of the copyright holder, and as such, you indemnify us against any future copyright claims.
The website (including all content and resulting code) will be fully transferred to the Client on completion of the project. The software and coding produced by the Developer in respect of the Website (excluding any Client Content) may be reused by the Developer on a royalty-free and irrevocable basis.
If the services include creation of an App then the ownership, ‘licence to use’ and copyright status of the finished application will be agreed prior to the commencement of the project.
The Client agrees not to access, modify or alter all or part of the Website or App code and materials with the view to creating a new separate website without the prior written consent of the Developer.
The Client grants the Developer permission to register and renew domain names on behalf of the Client where requested. Any fees and expenses incurred by registration and/or renewal will be passed on to the Client and are payable upon receipt of invoice.
If a Website is part of the services then prior to the Agreement being signed arrangements for hosting of the Website will be agreed. This can be one of the following:
(a) hosted by the Developer via our partner Krystal Hosting of Ash Radar Station, Marshborough Road, Sandwich CT13 0PL, on cloud hosting servers owned and maintained 24/7 and based in the United Kingdom.
Websites hosted by the Developer will be subject to an annual hosting fee which will be due for payment every year on the anniversary of the beginning of the Project. This fee will be advised to the Client in advance and if the Client prefers not to continue with this hosting service arrangements can be made to transfer the Website to an alternative hosting provider.
Please note that we charge an administration fee to supply backups of websites that we host. We can also help you migrate your website to another provider and if you decide to do this we will advise you on the process and fees.
All websites hosted by the Developer will automatically be assigned a 256-bit SSL Security Certificate as part of the hosting service. The hosting service we use also runs a regular malware sweep, keeps a regular backup of each hosting account and we will also install and maintain the latest version of the WordFence security plugin in any website hosted by us.
(b) hosted by a service nominated by the Client which can include your own dedicated server or a service provided by a third party such as 1and1 IONOS or 123Reg.
Please note that SSL Security Certificates are usually an additional annual cost when using 3rd party hosting services and we will not be responsible or liable for any site downtime.
Please also note that the Developer cannot vouch for the quality or reliability of the Client’s own server or those of a 3rd party and will not be held liable if problems arise from these hosting services including any difficulties accessing the Website. We may charge an additional fee if time is required to configure the Client’s own server or additional changes are needed to alter the website in order to perform better with the Client’s server.
(c) all Shopify stores are automatically hosted by Shopify on their own dedicated data servers. This cost is included in the Shopify subscription and cannot be changed.
In order to make your website as functional and flexible as possible and allow you to access and edit it easily we usually build websites using WordPress unless stated otherwise at the beginning of the project.
While WordPress is a professional platform to use the core files are open source and, like all things on the Internet, susceptible to attack if they are not regularly updated.
The website that we hand over to you will have the latest version of the WordPress core files and the latest version of the plugins and code used to design and create it. Any premium plugins used will have at least 1 years license attributed to them and as standard, if your website is hosted by us, we will install suitable security plugins.
We would always advise that you enter into a maintenance agreement with us in order to keep the website code and plugins regularly up to date to lessen the chances of a malicious attack being successful and gaining access to your website. If you would like to enquire about our maintenance packages please contact us via email@example.com.
We will also provide you with an Editor level account access so that you can make alterations to the text and images of the website. We can, on special request, grant you administrator level access however we will make additional charges for any work to correct errors or problems with the website due to changes you make intentionally, or by error or by any person who may have been given access or who has found a way to access to your login details.
We always urge you to use strong passwords and keep your username and password secure in order to protect your website from malicious attacks.
As soon as a website project has been delivered and until 30 days from that date (delivered meaning the conclusion of the Project Specification or details included in the Letter of Engagement) the Developer will be on hand to help with any reasonable questions or problems the Client experiences.
If more than 30 days has gone by then the Developer may make a charge for any updates and changes to the website. We will provide a quotation for the work and ask that you approve this before proceeding with the work requested.
We provide a high quality design service. If you ask us to undertake any design work we will, in the first instance, undertake a comprehensive Fact Find with you and will produce one design or proof based on this Fact Find exercise. If you are not happy with this design, we will ask you to provide appropriate feedback indicating where errors have been made and we will then provide a second design without further charge to you. We will endeavour to ensure that you are happy with the designs we produce.
If additional designs are requested (following above) additional charges may become applicable, which we will always negotiate and agree with you before these are incurred.
We do not provide a copywriting service within the project costs unless specifically agreed at the beginning of the project. If no copywriting service has been purchased then we will require you to provide the text needed to complete your project in an electronic format such as an email, Word file, etc. When you provide your text, please ensure this is ‘clean copy’ – i.e. final text ready for use, fully spell checked, grammar checked, proof-read, etc and not ‘draft copy’. Additional charges will be made should amendments be needed to a design where the changes are being made to client supplied text or text copy written by us on your behalf that you have previously approved.
All proofs will be provided electronically – this allows rapid turnaround time. If you wish to receive printed proofs, each one will be charged for as an additional service. Please inform us if this is required.
No work will be printed or published until your confirmation and agreement to the proof document is received.
All our prices are subject to VAT at the prevailing rate unless otherwise stated.
Time or price quotations are subject to change unless quoted in writing and then are subject to a maximum guarantee of 30 days from the date written.
The Developer shall have no liability for any loss or damage caused to the Client due to:
(a) a network failure and/or inability on the part of the Client to access the Website due to a problem with the Internet and/or any telecommunications network;
(b) any viruses, worms, Trojan horses or other similar devices.
The Client agrees and understands that the Developer shall not be held liable for any draft legal or business documentation that is supplied to you. It is understood that the Client is responsible for the proofing and updating of this information as it pertains to their business and business practices. This information is usually provided by the Developer in template form, or as an example, and it’s sole purpose is as a place holder until the Client provides the accurate document and wording to replace it.
The Client understands and agrees that you have first contacted an appropriate legal practitioner to have all documentation associated with your new website and/or app thoroughly checked to ensure it is correct for your business or organisation. This includes any templated website Terms & Conditions, Terms of Business, Privacy and Cookie Policies, Data Statement or Policies that come with your new website and/or app.
Furthermore, any advice given either verbally or in writing is only valid at that time and is always subject to change as technology and algorithms are updated and operating circumstances change. We cannot be held liable or responsible for any advice given. We expect and you understand and agree that you verify all details of any advice we give you with a third party expert.
If the Project is to develop a Website and/or App for the Client upon completion and acceptance of the services the Client shall procure and maintain a hyperlink from the Website homepage and/or App to the Developer’s homepage in the form, “Designed and created by Webshape Design” or similar agreed form.
Unless otherwise stated the Client gives full approval for the Developer to use the Project as a Case Study to be seen on the Developers Website(s) to promote their work.
Neither Party shall be liable for any delays or failure to perform any of the services or obligations under this Agreement if the delay or failure is caused by any circumstances beyond reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute. If such delay or failure continues for a period of 90 days or more, the Party not subject to the force majeure shall be entitled to terminate the Agreement by notice in writing to the other.
Unless expressly agreed in writing and fully described in an addendum to this Agreement nothing in the Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the Parties and neither Party shall have the authority or power to bind the other Party or to contract in the name of or create a liability against the other Party.
To contact us regarding privacy you can email us at firstname.lastname@example.org.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.