Terms and Conditions
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign up to our Website and Hosting Agreements, or Support Agreements. To avoid any doubt, your payment for services constitutes acceptance of these terms.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions, however, please do not hesitate to contact us.
You (‘the Client’), Us (Agile Frog Media, and hereinafter referred to as ‘the Company’)
The Project: the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting services.
What do both parties agree to?
The Client agrees to:
- Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images, and other information. For the interest of clarity, we consider a reasonable timescale to be by no longer than one working week from the date of payment receipt, which confirms commencement and acceptance of the project, to avoid unnecessary delays to the completion of the project.
- Provide the Company with text and images in the format as stated below (see ‘photographs and images’)
- Review the Company’s work, provide feedback, and signoff
approval in a timely manner, which should be no more than five working days from the emailed handover.
- Make every effort to adhere to all agreed deadlines.
- Adhere to the payment schedule laid out on our invoice, sent prior to work commencing.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one month’s notice in writing, or by email of your intention to cancel any contract.
The Company agrees to:
- Make every effort to adhere to any deadlines agreed between us and you.
- Make revisions to the design, layout, colours etc when requested, but no more than 2 major revision rounds, and no more than a maximum quantity of ten changes in total, unless agreed in writing prior to work commencing. Additional revisions or design work outside the scope of the project will be charged separately, and functionality changes are not included that are above, or in contradiction to the brief provided before work commences.
- Maintain up to date skills and knowledge through regular training and research.
- Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance, support services and/or hosting.
- Give you thirty days notice of any proposed changes to your hosting agreement or services.
All websites are designed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors. The Company cannot guarantee compatibility in old or redundant browser software.
Payments and Contract Lengths
- All payment schedules can be found on our prices page (www.services.agilefrogmedia.com) or will be agreed separately for any bespoke work requested.
- The company has the right to charge the client up to the total balance of web design costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live, depending on the stage that the design is at. Should all work be complete according to the brief provided, then no refunds can be offered as the time dedicated and any budget for tools purchased will have been spent. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place and is at our discretion.
- Any early cancellation of your standing order for services during the first 12 months will be deemed a break in contract. In this case, you may be liable for the balance of the contract to be paid with immediate effect plus a £10 admin fee (the admin fee covers time taken to discover the cancellation, and generate an invoice).
- Underpayments or missed payments shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time, which we deem to be fourteen days.
- Balances outstanding past fourteen days will be subject to an 8% interest charge on the total balance, applied on the fifteenth day and every fortnight following that the account remains in a negative balance.
- Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum of 30 days notice to cancel any support or hosting contract.
Content Management Systems
- All packages will be developed using a Content Management System (CMS). In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice.
Photographs and Images
Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including
solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Company.
- Any images that the company is required to obtain from third-party photographers or stock photography to complete the project will not charged as an additional cost, providing that this is discussed prior to work commencing.
After the initial 12 month period, copyright is automatically assigned as follows:
- The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in
connection with the project.
- The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are
maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
- The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
- At the bottom of the website page(s) after payment has been completed, usually, it will say Copyright and the name of your business or company. The company does, however, reserve the right as the Company responsible for the project to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
- As the design company, the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
To ensure superior levels of reliability and performance, all our clients’ websites are hosted on high speed, state of the art managed servers which utilise a guaranteed minimum uptime service availability level of 99%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
Hosting charges commence from the date that payment is received for a project unless specified otherwise in writing. This is because the server space, services, add-ons, security certificates, backups, and consultancy time are purchased for the project from the time of your purchase.
The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
- A website will not launch until the invoice has been settled in full, and the Client has subscribed to a relevant hosting plan with the Company unless a special agreement has been reached in advance. Additional costs for extra features, functionality, and/or additional design costs, not covered by our standard packages, will be agreed and invoiced separately before the website goes live if requested.
- If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package. A website administration fee of £99 is payable for the migration of a client site to another hosting provider.
- Hosting clients will be charged at our normal rate for any further design changes or updates to their website beyond the managed hosting agreement, which is currently £50 for small updates (covering copy changes, contact details/forms, logo updates, single image replacement and resizing). If we can include several small changes in one sitting, we always try to include them and will always inform before work starts of any additional charges.
- Any design or functionality changes requested after the initially agreed design brief has been completed, will be quoted independently to you by email invoice.
- There may be an additional fee for any design changes requested after the initially agreed design brief has been completed, and this will be quoted independently as a different project to you by email.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client and an ongoing service plan is in place.
- If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc. An additional cost will be quoted to you in the project invoice if this applies to you, and will not be billed to you after the migration has taken place. At this point, any backups, email services, domain or security certificate services will be ceased, with no refunds available.
- The company does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us) but can help point you to many popular solutions if you need assistance in selecting the right option for you.
- The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error-free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
- If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
- This contract remains in force and need not be renewed.
- Although the company has tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.
Changes to these Terms and Conditions
Agile Frog Media reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.