Terms & Conditions
Design, Hosting and Support

The following terms and conditions apply to all services provided by Stuart Halliwell to the Client. Last updated: 5th June 2022

General


Definitions

The Client: The company or individual requesting the services of Stuart Halliwell.

Stuart Halliwell: Primary designer & developer.

The Project: Web design, web development, or other design-related services being provided to the Client by Stuart Halliwell.

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

Agreement

Stuart Halliwell will carry out work only where an agreement is provided either by email, telephone, or mail. An ‘order’ is deemed to be a written or verbal contract between Stuart Halliwell and the Client, this includes telephone and email agreements.

Please ensure that you read the project breakdown, quote, and terms & conditions properly and that all details of the work are included, understood, and mutually agreed on.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Web Design


Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Stuart Halliwell cannot accept responsibility for any losses incurred due to malfunction, the website, or any part of it.

The website, graphics, and any programming code remain the property of Stuart Halliwell until all outstanding accounts are paid in full unless provided by the Client previously.

Stuart Halliwell cannot take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Stuart Halliwell and where no charge is made by Stuart Halliwell for such additions, Stuart Halliwell accepts no responsibility to ensure such additions are error-free and reserve the right to charge an according amount for any correction to these or further additions.

The Client agrees to make available as soon as is reasonably possible to Stuart Halliwell all materials required to complete the site to the agreed standard and within the set deadline.

Stuart Halliwell will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Stuart Halliwell will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Stuart Halliwell will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents.

Stuart Halliwell will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the Client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

Timeframes

Unless otherwise agreed upon with the Client, the timescale for completion of work may vary and can take from 1 to 4 months, depending on the scale of the work. Typical timeframes for brochure websites are around a month, custom-built websites and eCommerce stores take between 2 and 4 months to complete. Time-frames for the project will be discussed with the Client before the project commences. Stuart Halliwell will do its best to complete the project as soon as reasonably possible.

For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

Content

During the project, Stuart Halliwell will require the Client to provide website content; text, images, and video files. Stuart Halliwell is a small business, to remain efficient we must ensure that work we have scheduled is carried out at the right time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project, and the balance remaining becomes payable immediately.

Please Note: Text content should be delivered as a Microsoft Word, Google Docs, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Please note: the client has the sole responsibility for the content, if Stuart is to add the content, then the following rules apply;

1. All content must be provided in a timely fashion. If the content is not given quickly enough then Stuart will complete the website and the CMS with basic templates requiring the client to add the content themselves. The project will then be treated as completed and all project fees will be owed.

2. Once content has been added by Stuart then a further 2x rounds of amends/alterations will be made by Stuart. This doesn’t include replacing large blocks of text. All additional changes will be chargeable.

3. Stuart Halliwell is not responsible for proofreading the content or checking for incorrect information this is the sole responsibility of the client.

4. Content CANNOT be taken from other websites. Stuart will not check if content provided is taken from other sources.

Any work is subject to a minimum charge of £35.

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Stuart Halliwell to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Client Review

Stuart Halliwell will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The client must inform Stuart of any amendments required within 7 days of design completion and within 7 days project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

Design Credit

A link to stuarthalliwell.co.uk will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Stuart Halliwell’s portfolio and other marketing material.

Additional Work and Expenses

Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.

If the Client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.

Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.

Client agrees to reimburse Stuart Halliwell for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.

Charges for services to be provided by Stuart Halliwell are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days. Stuart Halliwell reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days. Prices quoted are only an estimate and may be subject to change during the process of design and build. This can be caused by the Client choosing to amend any aspect of their requirements or any third-party costs which occur beyond Stuart’s control.

Any charges incurred by international payments or international bank transfers are not the responsibility of Stuart Halliwell Therefore, any such charges must be paid, by the Client, in addition to the amounts invoiced by Stuart Halliwell Consequently, Stuart does not accept ‘shared charges’ for international bank transfers or international payments.

Hosting & Domain Names


You are under no obligation to use Stuart Halliwell as your hosting provider, you are free to use any third-party host, but the following rules apply.

Access Requirements

If the Client’s website is to be installed on a third-party server, Stuart Halliwell must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Domain Name

The domain name is registered in the Client’s own name, with the address and contact details of the Developer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Stuart Halliwell from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

The Client agrees to take full responsibility for all usage of the domain name, hosting, and email services and to fully abide by the terms and conditions set out by the third party for such services.

The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.

The Client agrees to take all legal responsibility for use of third-party domain names and hosting services and supply truthful details to the third-party services.

Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.

The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.

Website Support Plans


Detailed below are the website support levels provided by Stuart Halliwell. Unless included in an accepted quote or otherwise paid for, all site hosting is provided at the basic level only. Last updated: 5th June 2022

We will respond to all support tickets within 24 office hours. If your website is down (not available to visitors) we will respond as soon as possible.

  • Low priority tickets will be actioned within 3–5 working days*
  • Normal priority tickets will be actioned within 2–3 working days*
  • High priority tickets will be actioned within 1–2 working days*
  • Urgent priority tickets will be actioned on the same working day*

Stuart Halliwell will keep a record of all support requests and provide a breakdown of support usage quarterly if you request it

Support time is monthly and does not carry over from one month to the next

Should your support request require additional time outside of your plan to complete, Stuart will advise in advance before commencing any work

We will take support requests via online ticket, email or phone

We do not support sites that contain offensive materials (images, text or video). Should such material become available on your site, we reserve the right to cancel your Website Support contract immediately

We will require access to your site and web hosting account at all times

*These times are guides. The amount of time required to action a request depends very much on the nature of the request. Note that requests for new development work are subject to schedule into the studio.

Core & Security Updates

Regular updates of all core WordPress and plugin files as decided by your level of support. Security updates will be applied to your content management system (WordPress, WooCommerce) as required and compatibility checking between a current website and security upgrades will be conducted. Specific website features or content may need to be disabled based on security patch requirements.

Technical Support:

Web development work is included in all support plans.

Technical support will be available as a priority from the email address support@stuarthalliwell.co.uk between 9am and 5pm Monday to Sunday, with the exception of any bank holidays. Technical support is available only to direct employees of the client company, who will be considered authorised users. No technical support will be provided to users of the website or other third parties.

If we host your site, our Uptime guarantee as part of the SLA is 99% in any one calendar year

Hosting technical support covers only the availability of the site and email facilities upon our servers. If we do not host your website, we are not responsible for downtime on your server, but support time can be used to rectify issues. All other aspects will be charged at standard business rates. The following issues are specifically not included in technical support:

  • DNS issue caused by domain names hosted by third parties.
  • Connection to specific client networks.
  • Connection to website browsers other than the standard development platform.
  • Issues with site functionality (which are covered under Terms & Conditions of Web Development).

Backups:

An automated reversion backup of the site content will be made at regular intervals as decided by your level of support cover, allowing your site to be reverted to the site contents of the preceding time period. Full site content and structure backups are also created. Recovering a site will occur without cost in the event of a disaster. Site recovery for other issues would be a separate quote and outside the normal hosting agreement.

Your commitments

You must notify Stuart Halliwell of any plans to change themes, add new plugins or make template changes

You must notify Stuart Halliwell if any other third party has access to your site to make changes of any kind

You must ensure that all passwords for the site are secure and of at least 8 alpha-numeric characters with non-dictionary words

You will provide Stuart Halliwell with access to your Google Analytics and Search Console accounts

Fair usage – all our support clients are subject to fair usage of their support contracts. You will be notified of any over-use. We can then discuss options such as plan upgrades or ad-hoc support.

Payment of Accounts


Unless agreed otherwise with the Client, For projects over £500 a deposit payment of 20% is required before work begins on the project.

For all projects under £500, payment is required in three stages:

  • An advance payment of fifty (50) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences.
  • A further twenty-five (25) percent is required after the Client reviews the initial project build on a test server or other suitable environment, and before any amendments are made.
  • The remaining twenty-five (25) percent of the project quotation total is required upon completion of the work, prior to upload to the server, the release of materials, or ‘launch’ of the website. The project is deemed completed once all the components in the project breakdown are completed.

Any additions or amendments outside of the project breakdown, which are required by the Client, will not extend the deadline of the payment of the remaining balance.

Any delays to the estimated project timeframe which are caused by the Client, will not extend the deadline of the payment of the remaining balance. Any delays to project completion which are caused by the Client, will not extend the deadline of the payment of the remaining balance.

Payment of deposits are due by bank transfer. Bank details will also be made available on invoices.

Digital invoices will be provided by Stuart Halliwell upon completion but before publishing the live project. Invoices are usually sent via Stripe; however, the Client can choose to receive hard copy invoices.

It is our policy that any outstanding accounts for work carried out by Stuart Halliwell are required to be paid in full, no later than seven (7) days from the date of the invoice unless by prior arrangement with Stuart Halliwell.

Accounts that remain unpaid fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

We will contact Clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Stuart Halliwell has not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Stuart Halliwell’s Webspace, Stuart will, at his discretion, remove all such material from its web space. Stuart Halliwell is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Clients account. Clients with accounts in default agree to pay Stuart Halliwell reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Stuart Halliwell in enforcing these Terms and Conditions.

Passing of Rights


Once all amounts due to us from you are paid and cleared you are assigned the rights to use. No such rights as described above will pass until all amounts due to us from you are paid.

If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics, and any third-party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

Termination


Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

If the Client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Stuart Halliwell, to another provider.

Governing Law

This Agreement shall be governed by English Law.