Prickly Pear Design Terms and Conditions
Last updated 28/03/22 v 1.7
Definition: I/We/Cindy – Prickly Pear Design
The following terms and conditions apply to all website design services provided by Cindy at Prickly Pear Design. Please read the terms and conditions carefully.
It is not necessary for a Client to sign an acceptance of the terms and conditions for them to apply. Once a Client’s deposit has been received, they will be deemed to have accepted the terms and conditions in full.
2. Fees & Payment
Fees for services provided by Prickly Pear Design are detailed in the quotation that the Client receives via email.
Quotations are valid for a period of 60 days, after which time we reserve the right to amend or decline quotations.
Web design services over £75.00 require an advance payment of 50% of the project fees. Work will begin on receipt of the deposit, therefore in the event that the Client changes their mind, it is up to the discretion of Prickly Pear Design as to whether a partial or full refund may be issued. The remaining 50% will be due upon final completion and the client’s approval.
In the event that the majority of work has been carried out by Prickly Pear Design but there is a delay on the Client’s side for final content or approval, a partial invoice may be issued prior to completion.
Payment can be made by BACS (preferred) or by PayPal. Payment details will be provided on request. Cheques are not accepted unless agreed in advance.
3. Additional Costs
If necessary, the Client agrees to reimburse Prickly Pear Design for any costs involved in the completion of the agreed work that were not included in the initial quotation.
These occur in very rare cases but include:
- The purchase of special fonts as requested by the client
- Billable stock photography images as requested by the client
These fees will always be agreed with the client in advance. In the event that Prickly Pear Design fails to inform the client of additional fees, the client will not be billed for the additional costs.
Due to Covid-19 risks and to keep costs to a minimum, Prickly Pear Design rarely arrange face-to-face meetings since the majority of requests can be carried out by email and phone. This decision has been made based on experience over the years. In the rare event that a meeting is arranged, travel expenses/costs will be agreed if applicable.
4. Default Payments
We hope that all clients will support our small business and pay on time. In the event that invoices remain unpaid 30 days after the due date, they will be considered in default and may incur a service charge of 5 % of the total amount due. We also have the right to terminate unpaid services with prior notice via email.
5. Turnaround Time
Due to the general nature of web design projects and the feedback required at the various development stages, all timescales given are approximate.
If you have a specific deadline to meet, please provide details at the time of the initial request. Prickly Pear Design cannot accept responsibility for any missed deadlines if this information is not provided upfront.
In order to begin the project, you will be required to provide website content including text, images and logos together with details of your current web hosting or domain name details where applicable. Progress cannot be made without this information and we therefore accept no responsibility for delays in this case.
6. Providing the Content
- Text should be supplied by email in a Microsoft Word file or within an email body, spell-checked and the final version where possible
- Photos, images and graphics should be supplied via email or by a file sharing service such as Dropbox
- We reserve the right not to use low quality or blurry photos or images (you want your website to look good?)
The Client will retain the copyright to all content provided including data, files, graphics, logos and photographs and grants Prickly Pear Design 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 Prickly Pear Design permission and rights for use of the same and agrees to indemnify and hold harmless Prickly Pear Design 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 Prickly Pear Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
8. Client Review
The Client will be given the opportunity to review the design and content of the website at given points during the process in order to create a steady work-flow.
Upon completion of the project, a final review by the client will be required before the website can go live. The website design and content will be deemed to be accepted and approved by the Client unless Prickly Pear Design are notified within 7 days of the date the materials are made available.
Requests for changes during the website development or final review stage that fall outside of the original brief or are deemed to be excessive or unreasonable may incur additional fees.
9. Web Browsers
Prickly Pear Design make every effort to ensure that new or re-designed websites will work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome) and via mobiles, laptops and tablets etc.
The Client agrees that Prickly Pear Design cannot guarantee correct functionality with all browser software across different operating systems.
Prickly Pear Design cannot accept responsibility for websites which do not display acceptably in newer versions of browsers released after the website has been designed and handed over to the Client. As such, Prickly Pear Design 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.
10. Website Vulnerability & Hacking
Unfortunately we live in a world where hackers can gain access to websites and cause havoc with them. Prickly Pear Design use the highest quality web hosting service and provide tools to ensure that your website is secure, however we cannot guarantee that hackers will be unable to access your website at all times. We therefore accept no responsibility for downtime or issues with your website caused by hackers at any time. In the majority of cases, we will be able to fix any issues but fees may be incurred to cover the time spent.
11. Design Credit
We like to include a link to our own website (www.pricklypeardesign.com) at the bottom of the Client’s website but if you’d rather not have this, just let us know. The Client also agrees that their new website may be presented in Prickly Pear Design’s portfolio unless requested otherwise.
12. Domain Names
Prickly Pear Design may purchase domain names on behalf of the Client and in the case of renewals, an invoice will be issued approx. 4 weeks prior to renewal. Prickly Pear Design are not responsible for any domain loss, cancellation or otherwise brought about by non or late payment. The Client should ensure that payment is received in good time.
13. Website Hosting
In the event that the Client’s website hosting is arranged through Prickly Pear Design, web hosting services will be provided by Ionos who are an external company. We therefore cannot accept any responsibility for problems that arise due to functionality or downtime of the Ionos or email systems.
14. Access Requirements
If the Client’s website is to be installed on a third-party server, Prickly Pear Design 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 may also need to be configured on the server.
We accept no responsibility for any problems that arise due to functionality of the Client’s servers or email systems at any time. In this case, the Client will need to contact the organisation directly.
15. Third Party or Client Alterations
Prickly Pear Design are not responsible for any issues caused by alterations or updates by the Client or third party to the Client’s website once installed. Such alterations include, but are not limited to additions, modifications or deletions. In the event that Prickly Pear Design are required to investigate or fix such issues, a fee may apply to cover the time.
We are fairly clever but not that clever! As such, we cannot offer IT advice or assistance with technical issues such as computer problems, software installations or email set up within Outlook or any other mail client. We do know someone who is very clever with regards IT and may be able to help.
17. Termination or Transfer
We understand that for whatever reason you may want to move away from Prickly Pear Design (we will miss you!). In the event of a business closure or transfer away by the Client, you must notify Prickly Pear Design by email. Telephone requests for the termination of services will not be honoured.
The Client will be invoiced for any design work completed to the date of first notice of cancellation with payment due within 10 days.
We do not provide hosting services for websites that are administered by an external company. In this case, your website and associated services will need to be transferred over to them.
This Agreement shall be governed by English Law.
All Prickly Pear Design services may be used for lawful purposes only. You agree to indemnify and hold Prickly Pear Design harmless from any claims resulting from your use of our service that damages you or any other party.
These terms and conditions supersede all previous versions or agreements. The Client’s payment of a deposit constitutes agreement to and acceptance of these terms and conditions.
Prickly Pear Design hereby excludes itself from all and any liability from:
- Loss or damage caused by any inaccuracy or omission
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website
- The entire liability of Prickly Pear Design 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.
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.