TERMS AND CONDITIONS
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The following document explains our Website Design & Development Services Agreement
The following Terms & Conditions are applicable to all products and services provided by Studio Nomad to The Client (You).
All work is carried out by Studio Nomad upon the understanding that You have read and agreed to Studio Nomad’s terms and conditions.
This Website Design and Development Services Agreement is intended as a legally binding agreement between Studio Nomad (Designer and Builder) and You, collectively known as the “Parties”.
You have agreed to allow Studio Nomad to design, develop and test a website according to the brief discussed by the parties.
Studio Nomad is interested in undertaking such work; and You and Studio Nomad mutually desire to set and agree to the following terms and conditions as listed.
Copyright is retained by Studio Nomad on all design work. Including words, edited pictures, ideas, visuals and illustrations, unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by Studio Nomad as fulfilling the contract. All other designs remain the property of Studio Nomad, unless agreed in writing that this arrangement has been changed. Pertaining to any circumstances relating to the termination of the project Studio Nomad retains all copyright to all original designs. You or third parties may not use these, unless a mutually agreed fee is arranged.
At the time of proposal Studio Nomad will provide the customer with a written estimate or quotation.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Studio Nomad electronically. Alternatively, You may send an official order in reply to the estimate or quotation, which binds You to accept Studio Nomad’s quotation.
DESIGN COSTS & FEES
Charges for design services to be provided by Studio Nomad will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of fifty percent (50%) of the quoted fee will be due immediately. Work on the project will not commence until Studio Nomad has received this amount.
Upon completion of the project all design services require an advance payment of a minimum of fifty percent (50%) of the project quotation total before the work is supplied to You for a final review, unless agreed otherwise. Please note Your website will not be published until the final fee has been paid in full.
LATE PAYMENT TERMS
- Publication of any work carried out by Studio Nomad will not take place until the funds have been received.
- Accounts that remain outstanding for more than 30 days will be subject to an extra charge of 2% per calendar month of the outstanding amount.
- Should Your website be live due to a prior agreement with Studio Nomad and you fail to pay an outstanding balance Studio Nomad reserves the right to take your website offline until the payment in full has been made.
- Should You have any trouble paying your invoice, Studio Nomad is open to drawing up a monthly payment plan.
DESIGN AND DEVELOPMENT REQUIREMENTS
You hereby retain the services of Studio Nomad to design and build a website on your chosen platform /integrated with your desired platform, and all necessary additional items as listed in accordance with the proposal discussed by Studio Nomad with You.
Changes to the initial agreement, to the design or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place. Please note, extra developments outside of the original agreement and Scope of Works will be charged as extra. At a rate of £45 per hour. Hours will be logged in Hours Keeper and submitted to be paid before the website has been delivered and published. ie. extra pages discussed after the initial agreement, designs, extra plugin setup.
Studio Nomad agrees to notify You if any risks or scheduled delays may take place effecting delivery dates and presentation of the final website. You also agree to notify Studio Nomad of any risks or scheduled delays may take place effecting delivery dates and presentation of the final website. This is also with regards to any late payments at Your end.
Studio Nomad will not be liable for the delayed deliverance of the website should any element of the process necessary to build the website, eg. delivery of copy, imagery or time to review a design etc., not be delivered to to Studio Nomad within sufficient time so as to complete the project on time.
Studio Nomad agrees to attain design approval from You prior to beginning development by submitting detailed design mockups for You review.
Charges for design work do not cover the release of copyright design files including indd, psd, png, fla, ai, pdf, jpeg or any other source files; if You requires these files, they will be subject to a separate quotation or ‘buy-out’ charge.
You agree that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. Charged at £45 per hour.
THIRD PARTY AMENDMENTS TO DESIGN
You also agree that Studio Nomad holds no responsibility for any amendments made to any element of the website by any third party, before or after a design is published.
The project duration will be discussed by The Parties and a launch date will be worked towards. However, this project duration will only be considered an estimation. Studio Nomad will not be held responsible for any delay in delivering the launch of the website if you fail to deliver any content within a reasonable timeframe.
IMAGERY & FILES
All materials to be supplied by You must be provided with compatible file types and sizes. Eg. .JPEG, PNG. or .TIFF. These images will all be named accordingly and must be categorised into a file system that is comprehensible to Studio Nomad. Studio Nomad will not accept a cloud sharing link to Your general file library under any circumstances.
You declare that You hold copyright for all imagery, copy, logos etc.
If necessary these will be converted to an appropriate size, discussed by Studio Nomad and You, and will not be edited, retouched etc.. These images will always be submitted for approval by Studio Nomad before they are made live on the website.
You agree that all text / copy must be delivered in a txt. Word, Pages document format, or via email. You also agree that all text / copy be edited and delivered without grammatical errors etc. Studio Nomad will not be held responsible for editing any text / copy and will not be held liable should any text / copy errors or plagiarised text / copy be found after publication.
You agree that Your website content will not include any of the following unless previously agreed upon between both parties.
- Any destructive, crude, insulting, harassing, violent, sexual, or any other inappropriate content.
- Any and invisible fields or pages.
Studio Nomad retains the right to refuse to include the types of content mentioned above without good reason.
Upon completion and approval of the final website or this agreement, whichever occurs earlier, Studio Nomad shall deliver any and all materials developed in the course of its performance under this Agreement and any other items deemed necessary for Your operation / management of the website. This is subject to all outstanding invoices being paid in full to Studio Nomad.
If this Agreement is terminated prematurely or after the agreed backup term, Studio Nomad will destroy any and all copies, files, and documents related to this website development services agreement after 30 days. A final fee of all logged hours will be charged to be paid within 30 days.
You agree to allow Studio Nomad to place a small and discreet logo and / or text on the completed website’s footer. In keeping with You’s aesthetic (colour). This is negotiable.
You also agree to allow Studio Nomad to add websites and any design aspects on Studio Nomad’s own website. This is for demonstration purposes and to use any designs in its own publicity and portfolios.
Studio Nomad may cancel this agreement if necessary. Please note that your deposit paid upon agreement of this contract remains non-refundable. All logged hours will be charged at £45 per hour to be paid in full. Balances outstanding for over 30 days will be subject to a 2% p/cm interest charge.
Equally, You may terminate this website development services agreement at any time by providing written notice via email or certified mail to Studio Nomad. This termination will take place when all outstanding invoices have been paid. Please note that your deposit paid upon agreement of this contract remains non-refundable and all logged hours will be charged at £45 per hour to be paid in full. Balances outstanding for over 30 days will be subject to a 2% p/cm interest charge.
In the event that this website development services agreement is cancelled by either party, Studio Nomad shall issue a final invoice for all unbilled time and / or materials. You agree to pay the final invoice according to the terms of this website development services agreement.
This website development services agreement shall be governed by the prevailing laws of the United Kingdom. Should any conflicts arise related to this agreement, The Parties agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.