The following terms and conditions apply to all website development/graphic design services provided by JLF Design to the Client.
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 for services to be provided by JLF Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 7 days. JLF Design reserves the right to alter or decline to provide a quotation after expiry of the 7 days.
Unless agreed otherwise with the Client, all website design/graphic design services require an advance payment of a minimum of fifty percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
3. Client Review
JLF Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies JLF Design otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
The Client agrees to delegate a single individual as a primary contact to aid JLF Design with progressing the commission in a satisfactory and expedient manner.
During the project, JLF Design will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required content:
JLF Design is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasion, we may have to reject offers for other work and inquiries 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 (30 days after initial payment), and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one month 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.
If graphic artwork is not completed within 30 days, a 50% rejection fee will be charged.
Invoices will be provided by JLF Design upon completion but before publishing the live website. No final graphic artwork will be delivered if previous invoices are still outstanding. Invoices are sent via email. Invoices are due upon receipt.
7. Additional Expenses
Client agrees to reimburse JLF Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
JLF Design 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 10 & 11, Google Chrome, etc.). Client agrees that JLF Design cannot guarantee correct functionality with all browser software across different operating systems.
JLF Design 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, JLF 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.
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 JLF Design Web space, JLF Design will, at its discretion, remove all such material from its web space. JLF Design 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. Clients with accounts in default agree to pay JLF Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by JLF Design in enforcing these Terms and Conditions.
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.
All JLF Design services may be used for lawful purposes only. You agree to indemnify and hold JLF Design harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants JLF 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 JLF Design permission and rights for use of the same and agrees to indemnify and hold harmless JLF 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 JLF Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Design Credit
A link to JLF Design 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 be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in JLF Design’s portfolio.
14. Access Requirements
If the Client’s website is to be installed on a third-party server, JLF 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 might also need to be configured on the server.
15. Post-Placement Alterations
JLF Design 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.
16. Domain Names
JLF Design 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 Wombat Creative Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Each graphic design project includes one hour of changes. Each website includes three hours of changes to content.
If two or less work day(s) notice is given for a graphic design projects’ completion, you will be charged an additional 30% rush fee. If less that two weeks notice is given for a web development project, a 30% rush fee will be charged.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
JLF Design 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 web site;
- 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 JLF 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, which comes closest to the intention of the parties underlying the invalid,