1. Introduction
These terms and conditions are set out between "you" (the Client) and "Beard Web Design" (Andrew Beard trading as Beard Web Design) and apply to the provision of any product or service provided.
Any variation to these terms and conditions must be confirmed in writing by both parties.
These terms and conditions are subject to change.
Last updated: 8 February 2025.
2. Limitation of Liability
- Beard Web Design will not be held liable to the Client or any third party for any damages, including lost income or savings, arising from the operation of or inability to operate the website or from any errors that may be present in the work.
3. Website Design Services
3.1 Consultation & Quotation
- Beard Web Design provides a free consultation to ensure that the project requirements requested by the Client are compatible with the service offered.
- Any quotation provided to a Client will be valid for
one calendar month from the date it is issued.
3.2 Project Commencement
- The Client is required to make full payment of the agreed design fee before work begins, unless otherwise agreed in writing.
- Before work can begin, Beard Web Design will request all materials needed to complete the project. The Client agrees to provide all material in a suitable format. If the relevant materials cannot be provided, alternative solutions may be offered, but additional charges may apply.
- Both parties must ensure they have the legal right to use any materials that they have provided, including text, graphics, photos, artwork, and trademarks. The Client agrees to hold harmless, protect, and defend Beard Web Design from any claim or suit arising from the use of materials provided by the Client.
3.3 Changes to Requirements
- If the Client submits changes to the agreed project scope after work has started, Beard Web Design will try to accommodate them at no extra cost where possible.
- Substantial changes proposed by the Client which affect the design or functionality of the website may incur additional charges, which will be outlined before proceeding.
3.4 Amendments
- When the initial design is complete, the Client will be provided with a link to preview the website. The preview simulates how the site may display on desktop, tablet, and mobile devices. The simulation is provided for presentation purposes only and the final published site may look different on specific individual devices.
- Clients are entitled to
one or two rounds of amendments, dependant on the chosen package, upon initial design delivery:
- The first round of amendments must be requested within
14 days of receiving the design, unless otherwise agreed with the Client in writing.
- Once the first round of amendments is completed, if there is to be a further round of amendments the preview link will be provided again to the Client and the second round of amendments will follow the same process as per the first round of amendments.
- After the final round of amendments, or if amendments are not required, then the project will move to the publishing stage.
3.5 Handover and Publishing
- After the amendments stage is complete, the Client will be provided with next steps for publishing the website.
- Any outstanding balance from the design fee must be paid in full before the website is published, unless otherwise agreed in writing.
- The Client acknowledges that the website built for them is designed for a specific website platform and that if this is exported to be used on a different platform then the same functionality cannot be guaranteed.
- Beard Web Design retains the right to showcase the completed project in its portfolio.
4. Intellectual Property Rights
- Once the handover to the client is complete, the client gains full ownership of the website’s content, with the exception of any materials supplied by the Client or by Beard Web Design that are already subject to an existing usage policy from its original creator.
- A
design credit will be placed in the footer of the website. This will take the form of a short piece of text that links back to the Beard Web Design website. The Client may ask for this to be removed.
- Beard Web Design retains the right to showcase the completed website in its portfolio.
5. Third-Party Services & Software
5.1 Third-Party Services Offered by Beard Web Design
- Beard Web Design may integrate third-party services to enhance the functionality of the website (eg, analytics tools, payment gateways, or plugins).
- Some third-party services may incur an additional fee to the Client. This will be confirmed in advance.
- The Client is responsible for adhering to third-party terms of service.
5.2 Third-Party Services Supplied by the Client
- Beard Web Design does not guarantee the functionality of any third-party service supplied by the Client.
- Primary responsibility for troubleshooting issues with a third-party service not supplied by Beard Web Design will lie with the Client.
6. SEO & Performance Disclaimer
- Beard Web Design follows best practices for performance and basic SEO but does not guarantee specific search engine rankings or website performance metrics.
- Ongoing SEO requires additional services not included in standard web design projects.
7. Domain Names
7.1 Domain Name Registration & Management
- If the Client does not have a domain, Beard Web Design can provide a
.co.uk domain name for an annual fee.
- A registration fee of
£10 per domain name must be paid before registration.
- Domain names are renewed annually for
£10 per domain name.
- Domain name registration and renewal fees are non-refundable.
- The domain name will be registered in Beard Web Design’s name and held on the Client’s behalf for the duration of the service.
- Beard Web Design agrees to make any DNS setting changes as required, provided that these do not interfere with the functioning of the website created for the Client by Beard Web Design.
7.2 Domain Transfers
- The Client can request transfer of their domain name into their own control.
- If the Client terminates their service with Beard Web Design, any domain name held for the Client will be offered back to the Client. Beard Web Design will not be liable for any loss of service resulting from the Client's failure to take control of their domain name.
- When transferring a domain the Client will be responsible for:
- Any registry transfer fees, if applicable.
- Subsequent renewal costs.
- Management of their own DNS settings as required.
7.3 Third-Party Domain Names
- If the Client uses a third-party domain registrar, Beard Web Design will provide guidance on configuring the domain settings but is not responsible for issues arising from external domain services.
8. Website Care Plan & Hosting
- An
active Website Care Plan is required to keep the website live, as hosting is included in this plan.
- Hosting fees are invoiced in advance for a
minimum of 1 year and may be paid
monthly
or
annually.
- If invoices are not paid on time, services may be suspended, resulting in the website going offline.
- If the Client makes payment after services have been suspended, the service will be restored within
24 hours.
8.1 Cancellation
- Clients must provide at least
one calendar month's notice to cancel hosting services.
- Once hosting services have ceased the website will no longer be accessible.
- No refunds are provided for hosting fees paid in advance.
8.2 Support
- Support requests can be submitted via email.
- If an issue is due to internal errors, it will be resolved as part of the hosting plan.
- If an issue is caused by the Client or a third party, additional charges may apply for resolution.
8.3 Amendments
- The Website Care Plan may include a set allowance of amendments (referred to as "design work") per month.
- The set allowance of amendments in each Website Care Plan is subject to change.
- Any design work requested that would exceed the allowance of the Client’s Website Care Plan may incur additional charges. Any additional charges will be communicated to the Client in advance and the Client can either:
- pay the additional charge before work can be completed;
- or rescind or modify the request to bring it within the allowance.
9. Email Services
- Beard Web Design does not provide email services.
10. Refunds & Dispute Resolution
- If a Client is dissatisfied with the final website, Beard Web Design will make reasonable efforts to resolve concerns within the agreed amendment rounds.
- Refunds will
not be issued after final approval has been given. For avoidance of doubt, a request to publish the website will be accepted as a final approval.
11. Timescales & Delays
- All timescales provided are estimates.
- Beard Web Design will not be liable for delays resulting from:
- Lack or delay of correspondence from the Client.
- Slow or delayed delivery of content from the Client.
- Changes to the initial scope by the Client.
- Unavoidable platform maintenance or outages.
- Unforeseeable events (eg, infrastructure failures, natural disasters, emergencies, etc.).
12. Disclaimer
- The advice and information in these terms and conditions are for general information purposes only.
- Beard Web Design is not responsible for ensuring the Client operates in a lawful manner.
- For any questions regarding these terms, please contact
andy@beardwebdesign.co.uk.