Terms and Conditions
The following Terms and Conditions apply to most projects undertaken by me. If a specific set of Terms and Conditions has been agreed by us in writing they will apply in place of these Terms and Conditions.
Client Delays and Unpaid Invoices
Definitions
I, me, my, we, us refers to James Morrison.
You, your, your company, client refers to you, the proposer of work in asking for a quotation.
Prices and Quotations
- All prices are given in GBP (Pounds Sterling).
- All prices quoted are valid for three months from the date quoted in the Quotation or Proposal.
- I have the right to change hourly rates etc without notice but will inform existing clients before proceeding with any work outside of any agreed Quotations or Proposals.
Invoices and Payments
- A deposit of at least 50% of the total project cost is required. For small projects (less than £100) the full balance may be required before work begins, or transaction fees added to the cost of the project.
- Once the deposit has been received, then both I and you are under contract to complete the work within a reasonable timescale. However I have the right to subcontract work out if necessary.
- I reserve the right to refrain from starting any agreed work until the requested deposit has been received and the funds cleared in my bank account if necessary.
- Once the concept design has been approved, any further or major changes to either the design or functionality (including any additional pages not agreed upon in the original proposal) may be charged at additional costs at the my discretion and added to the final invoice.
- Any additional time or costs incurred by me including searching for and purchasing images, setting-up email accounts and purchasing domains etc, may also be charged at additional costs at my discretion and added to the final invoice.
- Once the agreed work is completed and the site is put live – even if for any reason the site is not requested to go live within one week from completion of the agreed work – the remainder of the payment will be due within a 7 (seven) calendar days from the date of the final invoice, unless previously agreed in writing.
- Payments are accepted by the following methods:
- Direct Bank Transfer (GBP only)
- PayPal (additional 5% to cover fees)
- Cash (in person or by insured mail)
- Cheque (drawn on a UK bank account in your name)
Delivery
- Once the work is complete, you will be shown a working copy for any minor adjustments (based on the original brief).
- Once you are satisfied with the completed work, an invoice will be issued if any balance is due. Once this is paid your files will be available for your use.
- If, as part of the project, I am responsible for installation / setup of you site (e.g. install a WordPress theme) I will complete the work after any outstanding balance is received.
Client Delays and Unpaid Invoices
- If I am kept waiting for over 3 months without receiving any content in order to proceed with or complete any agreed work, then I reserve the right to charge for the remaining payment (or at least part of the remaining payment at my discretion), unless previously agreed in writing.
- Any changes needed on the site resulting from a long delay (over 3 months) in the client providing content may be charged at additional costs at my discretion.
- If my work is being subcontracted (i.e., another company is invoicing the client directly and paying me directly for my work on a freelance basis) then I have the right to charge any payments as outlined in these Terms and Conditions to the subcontracting company, and it is then their responsibility to collect money themselves from their client.
- If the final invoice for the remaining payment is not paid within the agreed time then I reserve the right to charge a minimum of 1% interest for each day the payment is overdue, at my own discretion.
- In extreme circumstances, I reserve the right to take the site offline if the final invoice for the remaining payment is not paid within the agreed time, and may only put the site live again once the payment is received and the funds cleared in my bank account if necessary, unless otherwise agreed.
- Until payment is received in full, completed work remains my property and may not be used without written permission from me.
Timescales and Deadlines
- I aim to complete all agreed work, unless otherwise arranged at any stage during the project. I aim to complete the work within any agreed timescales or deadlines and the client will be informed if for any reason there are any delays in completing the work.
Subcontracted Work
- Occasionally, I subcontract work to Associate Illustrators, Print Designers and Web Developers where necessary and usually keeps the client informed if this is the case and in some cases the client may be asked to work with and pay the Associate directly and separately for such work.
- Large amounts of subcontracted work such as Web Development work for Content Managed Sites and Online Payment Systems are usually invoiced directly from the Associate Company or Freelancer and NOT by me. I therefore cannot be held responsible for work that is delayed or uncompleted by subcontractors but will of course endeavor to do everything possible to help the client to fulfil the project.
- Other related services such as Hosting and Search Engine Optimisation can be arranged but this is not something I offer directly.
- Where I need to subcontract work to third patries, you will be asked for permission to pass relevant, necessary information to the subcontracted individual / company for the sole purpose of completing the work.
Cancellations
If you choose to go ahead with work, and pay a deposit you may cancel at any time subject to these conditions:
- If I have NOT started work on your project, a full refund will be made.
- If I have started work on your project you will receive a partial refund. The number of hours I have spent working on your project will be deducted from the full deposit (based on my hourly rate).
- If the number of hours I have worked on your project (at my hourly rate) exceeds the amount you have paid as your deposit, there will be a balance due to me which you will be invoiced for separately.
- Any supplied files will be deleted. It is your responsibility to ensure you keep a backup of your files.
- You are not permitted to use any of the code / images / CSS or other files I have created as part of your project. If you do, the full balance will become due and you will be invoiced.
- If I do not receive any communication from you for a period of two months or greater; the project will be cancelled, any money paid will be retained and you are not permitted to use and of the code / images / CSS or other files I have created as part of your project. If you do, the full balance will become due and you will be invoiced.
Withdrawal of Service
- I have the absolute right to withdraw services and cancel any contracts with the client at any given time. I will issue notice of such action in writing.
Law
- These terms and conditions are formed under the laws of the United Kingdom and any legal claim shall be made in a court or via the legal system of the United Kingdom.
Changes to Terms
- I, at all times reserves the right to change these Terms & Conditions set out in this document without prior written notice to clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any client will only be acceptable on grounds outside the current revision of this document. I will at all times where reasonably possible make available for viewing the Terms & Conditions through this website.
- This document was last updated on: Monday, 5th August 2009.