WEBSITE DESIGN TERMS & CONDITIONS

Please read all these terms and conditions to ensure that both parties have a clear understanding of the process by which we shall work together.  You must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  Please do not hesitate to contact Butterfly Website Design; info@butterflywebsitedesign.co.uk if you have any questions.

 

1. Overview

  • These terms and conditions apply to the purchase of services from Butterfly Website Design (the Supplier) by you (the Client).

  • I confirm that I am self-employed and therefore responsible for my own tax and National Insurance contributions.

  • The work carried out will not be subcontracted out to any third party.

  • In order for work to be undertaken the Client must acknowledge in writing (including email) that they are happy to proceed and understand these terms and conditions.

  • These are the terms on which we sell all Services to you.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.

 

2. Project Terms

  • The contract start date commences once the Client acknowledges in writing (including email) that they are happy to proceed, or the start date is specified by the Supplier in writing (including email).

  • If the Client does not require content to be written for them, the Client must provide all content within 14 days of the Agreement start date. 

3. Services

  • The description of the Services is as set out in our website or other forms of advertisement and is for illustrative purposes only.

  • In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. 

  • All Services are subject to availability.

  • We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.  We will notify you of these changes.

 

4. Client Responsibilities

  • You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services and obtain any necessary licences and consents.

  •  Failure to comply with the above is a Client default, which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

5. Basis of Sale

  • The description of the Services in our website or other form of advertisement does not constitute a contractual offer to sell the Service.

  • When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

  • Any quotation of Fees (as defined below) is valid for a maximum period of 90 days from its date, unless we expressly withdraw it at an earlier time.

  • No variation of the Agreement, whether about description of the Service, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Client and Supplier in writing.

6. Quotation, Invoice, Fees and Payment

  • The Fees for the Services may be calculated on a fixed fee or on an hourly rate basis.

  • The Supplier is not VAT registered.

  • A quotation will be provided by the Supplier based on the information the Client provides.  If it becomes apparent that significantly more work is required than anticipated, the Supplier may renegotiate the fee, or decline to carry out the work.

  • Once the Fee has been agreed, it is non-negotiable unless the Client requires additional work to be undertaken.  A revised quotation will be provided at this stage.

  • Unless otherwise stated, the Fee is not due until the Client has agreed in writing (including email) that they are happy for the website to be transferred to them. 

  • The Client will pay the agreed Fee prior to transfer of the website.

  • If the Client chooses not to provide the content for the website and wishes for the Supplier to write the content for them, then 50% of the invoice is due for payment before work commences. 

  • If the supplier is writing the content, the Client will pay the remaining 50% balance before the website is transferred. 

  • The Client will be sent an invoice (via email) with a link to pay the outstanding amount through PayPal as a guest; to pay by debit or credit card, or using a PayPal account.  Unless otherwise agreed in writing (including email).

  • Once the website has been transferred, any updates to the website are chargeable.  An hourly fee will be negotiated by the Supplier and Client.

  • The Fee after transfer will be a minimum one-hour charge.

  • Invoices for any additional work after transfer are produced weekly (Friday) and paid by the Client within 7 days of issue, unless otherwise agreed.

 

7. Transfer of Website

  • The Client must examine the website thoroughly before transfer of the website.  Any alterations after transfer are chargeable unless otherwise agreed.

  • The Client does not own the website until the Supplier has received payment in full.

  • The design fee does not include the monthly cost charged by Wix for their Premium Plans, nor does it include other paid features offered by Wix (e.g. paid apps, SEO expert, domain connection/transfer fee, G-Suite etc.).  These are paid by the Client directly to Wix.  

8. Withdrawal and Cancellation

  • The Client can terminate the service at any time with written notice (including email).  All invoices produced up until that point are still due for payment but any future agreement will be terminated with immediate effect.

9. Duration, Termination and Suspension

  • The contract continues as long as it takes the Supplier to perform the Services.

  • Either the Client or the Supplier may terminate the Agreement or suspend the Services at any time by written notice (including email) to the other if that other:

    • Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of written notice.

  • On termination of the Agreement for any reason, any of our respective remaining rights and liabilities will not be affected.

 

10. Privacy

  • These terms and conditions should be read alongside our Privacy Policy which can be found on our website.

  • Your privacy is critical to us.  We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  • Where you supply Personal Data to us so we can provide Services to you, and we process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

    • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    • we will only Process Personal Data for the purposes identified;

    • we will respect your rights in relation to your Personal Data, and

    • we will implement technical and organisational measures to ensure your Personal Data is secure.

  • For any enquiries or complaints regarding data privacy, you can email: info@butterflywebsitedesign.co.uk

 

11. Copyright

  • All content delivered after transfer of the website is owned by the Client, unless otherwise agreed.

  • The Client agrees to hold the Supplier harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against them.

  • Following payment, any content created by the Supplier as part of the design process will become the copyright of the Client, unless otherwise agreed.

12. Governing law, jurisdiction and complaints

  • The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

  • We try to avoid any dispute, so we deal with complaints as follows: