Terms of Service

Here at Digital Lychee, I will always do my best to fulfil your needs and meet your expectations, but it is important to have things written down, so that we both know the situation, who should do what and when, and what will happen if something goes wrong. The following information is also provided in the contract that will be agreed between us before work commences on your website.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You will give me the assets and information I ask for, which will be necessary to complete the project. You will do this when I ask and in the formats I ask for. You will review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you will also be bound by the dates we set together. You also agree to stick to the payment schedule set out in the contract.

Digital Lychee: I have the experience and ability to do everything we have agreed with you and I will do it all in a professional and timely manner. I will endeavour to meet every deadline that is set and on top of that, I will maintain the confidentiality of everything you give to me.

Getting down to the nitty gritty

Preliminary discussions

As part of my service, you will be provided with a free one-hour consultation, during which we will discuss your business or project, any design, content and functionality requirements, as well as the technology on which the website will be based, all to suit your needs.

Design

I will create designs that adapt to the capabilities of many devices and screen sizes. I will create them iteratively. Prior to beginning the build of the website, I will create a visual mockup of it, so that you are happy with the design before it is made. I am able to make websites with various technologies, including Squarespace, WordPress and HTML & CSS. The final decision on which technology to use to build your website will take place during our preliminary discussions.

You will have plenty of opportunities to review my work and provide feedback. I will either share information, such as mockups, via email, a Google Drive folder or Dropbox – whichever is the preferred option. We will also have regular contact, which will be either via phone, email or video chat.

If, at any stage, you change your mind about what you want delivered, or aren’t happy with the direction the work is taking, you will pay me in full for the time I have spent working until that point and may terminate the contract.

Text content

Unless agreed separately and for the appropriate fee (based on time taken) I am not responsible for generating any content for the website. This must be provided by you prior to any work beginning on the website. I provide professional copywriting and editing services, so if you would like me to create new content for you or input any additional content to what was agreed as part of the estimated quote, then I will provide a separate estimate for that.

Although quick top-level checks of punctuation and grammar will be made, all text content must be checked by your prior to delivering it to us. I do not take any responsibility for any punctuation, spelling or grammatical errors in the final published website.

Graphics and photographs

You should supply graphic files, such as logos, in an editable, vector digital format. You should supply any photographs in a high-resolution digital format, so as to avoid any pixelation or blurriness. If you choose to purchase stock photographs, I can suggest stock libraries. If you would like me to search for photographs for you, then I will provide a separate estimate. Should you wish to use one of my photographs, or require me to professionally edit one of yours, then a separate estimate will be provided.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different screen sizes. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

I test me work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Mozilla Firefox. I won’t test in other older browsers unless agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they are using. I test our designs in:

iOS: Safari and Chrome
Android: Chrome

I won’t test in Opera Mini/Mobile, specific android devices or other mobile browsers unless agreed separately. If you need me to test using these, I can provide a separate estimate.

Technical support

I am not a website hosting company, so I do not offer support for website hosting, email or other services relating to hosting be default, unless specifically agreed, with one of the service plans I offer. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, I will recommend one of my preferred hosting providers. I can set up your site on a server, plus any statistics software such as Google Analytics and I will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

I do offer specific additional support packages, as detailed on my website, which will provide different levels of support, including hosting and technical support, at various monthly costs, depending on the package selected. Should you wish to subscribe to one of these packages, then I will provide you with a separate estimate.

Search engine optimisation (SEO)

Although I will make every effort to make all pages of your website accessible to search engines for a high ranking, I do not guarantee any improvements to that ranking.

Changes and revisions

I don’t want to limit your ability to change your mind. The price at the start of the contract is based on the total time (number of days) that I estimate I will need to accomplish everything you have told me you want to achieve. If you want to change your mind or add anything new, that won’t be a problem, as I will provide a separate estimate for the additional time.

Legal stuff

I will carry out my work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, I cannot guarantee that my work will be error-free and so I cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised me of them.

Your liability to me will also be limited to the amount of fees payable under the contract when agreed and you won’t be liable to me or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I have advised you of them.

Finally, if any provision in the contract we agree shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that I am using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I have obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you are using their intellectual property. Provided you have paid for the work and that the contract we agree hasn’t been terminated, I will assign all intellectual property rights to you as follows:

You will own the website I design for you plus the visual elements that I create for it. I will give you the source files and finished files and you should keep them somewhere safe as I am not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I will own any intellectual property rights I have developed prior to or developed separately from this project and not paid for by you. I will own the unique combination of these elements that constitutes a complete design and I will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying my work

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

I am sure you understand how important it is as a small business that you pay the invoices I send to you promptly. As I am also sure you will want to stay friends, you agree to stick tight to the payment schedule we agree in the contract.

I issue invoices electronically. my payment terms are 15 days from the date of the invoice, by close of business on the deadline stated on the invoice, by BACS, Faster Payment or PayPal. All proposals are quoted in Pound Sterling (£) and will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank details will be printed on my electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 8% variable with the standard Bank of England base rate, per month or part of a month.

But where is all the horrible small print?

Just like a parking ticket, neither of us can transfer the contract we agree to anyone else, without the other’s permission.

We both agree that we will adhere to all relevant laws and regulations in relation to our activities under the contract we agree and not cause the other to breach any relevant laws or regulations.

The contract we agree will stay in place and need not be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although this language above, which is also present in the contract we agree, is simple, the intentions are serious. The contract is a legal document under exclusive jurisdiction of English, Welsh, Scottish and Irish courts.