These terms and conditions shall apply to the agreement between “WarMarks” and the “Client” applying for the provision of freelance web site design and consultancy services by WarMarks (Warrior Marketing Solutions).
“The Client”: The company or individual requesting the services of WarMarks.
“WarMarks”: Mohsin Rasool and associates, trading as WarMarks.
WarMarks will work in a professional and timely manner.
The client agrees to provide WarMarks with everything needed to complete the project including text, images and other information as and when needed and in the required format.
The client agrees to review the work, provide feedback and approval in a timely manner too. The client agrees to the payment schedule set out below.
WarMarks will do their best to meet all the deadlines set but can’t be responsible for a missed launch date or a deadline if the client has been late in supplying materials or has not approved or signed off work on time at any stage.
WarMarks will maintain the confidentiality of any information given by the client.
The client is responsible for backing up and storing all files and databases prior to the project start date. The client will inform WarMarks that the web site has been backed up before the project start date. The client is responsible for ensuring the original website can be replicated by the back-up files and for re-instating the original web site if necessary.
WarMarks build websites and web applications using open source technologies like PHP/MySQL.
A design project will produce one main design plus the opportunity for the client to make up to two rounds of revisions. If the client is not happy with the designs at this stage, the client will pay us in full for all of the work that produced until that point and may either cancel the project or continue to commission WarMarks to make further design revisions at the rate set out in the original quote.
WarMarks are not responsible for writing or inputting any text copy unless specified in the original quote. WarMarks do provide this service and, in addition to the original quote, will charge the client at a set per hour rate for copy writing or content input.
The client will supply photographs in digital format at the required dpi and size. If the client chooses to buy stock photographs WarMarks can suggest vendors of stock photography. Any time WarMarks spend searching for appropriate photographs or working with images in Photoshop will be charged at a set per hour rate.
Website Maintenance and Updates
Maintenance projects will be based on a task list agreed between the client and WarMarks. Completion of tasks will be quoted for on a per hour basis or may be subject to a retainer paid to WarMarks on a monthly basis.
WarMarks will endeavour to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsers latest versions of Chrome, Internet Explorer and Firefox. WarMarks can offer no guarantees of correct function with all browsers and their old versions software.
Website Hosting Provider
Whilst WarMarks may recommend/provide hosting accounts, no guarantees can be made as to the availability or interruption of this service. WarMarks cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Search Engine Optimization
No guarantees will be given as to a client’s website position in the search engines as the search engines change their ranking algorithms on a regular basis. Additionally, both new sites and competitor sites may be being optimised and submitted every day.
SEO work carried out by WarMarks aims to increase visibility and ranking, but it is not possible to give a 100% guarantee for any specific result on any search engine, nor can WarMarks quantify the level of increased traffic or sales, as a result of any SEO campaign.
Design and Maintenance Credit
An industry standard design credit/link to WarMarks will appear in small type or graphical format at the bottom of the client’s website. The link will not cause users to leave the client website; rather, it will open a new browser window to the WarMarks website.
Payment of Accounts
Web design and development
Unless a different charging scheme is agreed (e.g. for a very large or long project), WarMarks will invoice the client as follows:
• On the start of the work: 50% of anticipated cost of project
• On release of website alpha (first working draft) to the client: 20% of anticipated cost of project
• On site launch: remainder of cost of project including any extras not anticipated at the beginning of the project
The website, bespoke graphics and any programming code remain the property of WarMarks until all outstanding accounts are paid in full.
Any additions to the brief will be carried out at the discretion of WarMarks and where no charge is made by WarMarks for such additions, WarMarks accepts no responsibility to ensure such additions are error free and reserves the right to charge an according amount for any correction to these or further additions.
Web maintenance and updating
WarMarks is prepared to undertake and complete small to medium sized maintenance and updating projects to the client’s satisfaction before any payment is requested.
Where WarMarks is paid a retainer, this will be paid in full on a monthly basis. One month’s notice will be given if the client no longer wishes to retain the services of WarMarks.
WarMarks can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so WarMarks can’t be liable to the client or any third party for 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 the client has advised WarMarks of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.