“Agreement” means this entire document entitled Quotation and Specification.
“Client” means xxx
“TRWD” means xxx
TRWD will deliver the project as detailed in the Agreement. TRWD will endeavour to deliver the project in accordance with the agreed timescales but cannot be held responsible for delays due to the Client being late in supplying materials, for being late in responding to review requests or for changes requested by the Client. TRWD will answer all communication promptly.
The Client will provide full written details of the services required. The Client agrees to provide everything necessary to complete the project including website content (text, photographs and other media) plus any other information as and when required and in the format required. The Client will provide all necessary domain control and hosting server login details and ensure that the hosting complies with WordPress minimum requirements. The Client agrees to respond to all communication and review requests from TRWD within 7 days.
For websites built on the WordPress platform; support in the form of platform updates and general maintenance is provided for 6 months from the date the website goes live. After this period, ongoing support is available in the form of an optional maintenance contract, details on request. TRWD will retain the sole site administrator role with the exclusion of all others whilst we provide support. WordPress is Open Source and operates under its own General Public License (GPL), the terms of which can be found here: https://wordpress.org/about/license/. The GPL also applies to any plugins used to extend the functionality of the WordPress platform.
TRWD is not a hosting company and does not offer ongoing support for site hosting, servers, email, or any other services connected to website hosting. TRWD does not supply website text. TRWD does not supply photographs but can recommend online vendors. Any time TRWD spends searching for appropriate photographs will be charged at hourly rate over and above the price quoted in this Agreement. Where TRWD carries out search engine optimisation work, TRWD does not guarantee specific placement or search engine ranking.
Alterations, Delivery and Acceptance
The parties will agree the project commencement date upon payment of the required deposit. Once the design composition has been approved by the Client and the website build has begun, any subsequent design changes or revision requests requested by the Client will be chargeable. These include (but are not restricted to) design layout, colours, fonts, icons and buttons.
TRWD will be happy to carry out additional work over and above that detailed in the Agreement, this will be done via a written change request and will be chargeable. This might need to be scheduled for a later date depending on the amount of work involved.
TRWD has received a non-returnable deposit of £xxx and the project commencement date has been set. A further 20% will be due once the designs have been approved and before development commences. Upon completion of the work detailed in this Agreement, regardless of any incomplete website content, TRWD will invoice the remaining charges to the client. The website will be published following receipt of payment. Payment terms are 7 days net for all invoices.
Limitation of Liability
The Client will be responsible for proofreading and checking of all work done. There will be no charges to the Client for revisions or corrections made necessary by errors on the part of TRWD.
The entire financial liability of TRWD in respect of breaches of the agreement, or of any other duty to the Client, or for negligence in connection with the subject matter of the Agreement, will be limited to an amount equal to the Fees paid by the Client to TRWD under the terms of the Agreement.
International Property Rights and Copyrights
The website must operate legally. TRWD reserves the right to refuse to handle any Website Media that is unlawful or inappropriate. TRWD will regard a signed Agreement as a guarantee from the Client that all necessary copyright permissions and authorisations have been obtained. The Client will indemnify TRWD forthwith upon demand in respect of any loss, damage, cost and/or expense suffered or incurred by TRWD, directly or indirectly, as a result of a third party claiming that TRWD’s use of the Client’s material infringes the rights of such third party.
Prior to payment of the agreed balance for the entire project, the Client acknowledges and agrees that TRWD retains ownership of all original artwork and design produced by TRWD, in any media form. Following payment, ownership will be transferred to The Client.
TRWD reserves the right to display and link to the completed project as part of their portfolio and to write about the project on websites, in books and in magazines.
Integration, Termination and Applicable Law
This is the entire Agreement on this matter, superseding all previous negotiations or agreements.
Either The Client or TRWD can terminate this Agreement by giving 30 days notice in writing of their intention to terminate all services. The Client will pay all outstanding invoices on or before the termination date. All services supplied by TRWD will cease on the termination date.
This Agreement can only be changed by mutual written consent. This Agreement cannot be transferred. This Agreement stays in place and need not be renewed. If for some reason one part of this Agreement becomes invalid or unenforceable, the remaining parts of it remain in place.