Terms and Conditions
To keep everybody safe and comfortable, we have some simple Terms and Conditions. If you accept an estimate, quotation or proposal from Dynafish this means that you also accept and agree to abide by these Terms and Conditions, and that they form a contract between you and us (Dynafish). We reserve the right to amend these Terms and Conditions without warning or prior notice.
They’re based on Killer Contract by Andy Clarke and as you can see, it is a simple, straightforward and plain-English document.
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedules as set out in our proposals, estimates or quotations, and to our standard payment terms set out below
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner.
Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
We will create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel your order or continue to commission us to make further design revisions at our current hourly rate.
HTML/CSS layout templates
If the project includes HTML markup and CSS templates, we will develop these using HTML5 and CSS2.1 and CSS3 for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
If the project is also targeted at mobile devices (that is, we have agreed to build a responsive website) then we will also test on current versions of major mobile browsers on both tablets and phones.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 7 or earlier, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at our current hourly rate for any necessary additional code and its testing.
We are not responsible for writing any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our current hourly rate for copy writing or content input.
We are able to produce multilingual a site should you require. We can translate for you using a professional translation system, or you can supply translations. Any translated screen prompts, menus and messages are covered by warranty. Translations of content are not warrantied.
Search engine optimisation (SEO)
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances.
Graphics and photographs
You will supply us photographs either in digital or printed format. All photographs supplied should have been taken by a professional photographer and/or obtained from a stock library. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs or editing supplied images to make them fit for purpose will be charged at our current hourly rate.
Changes and revisions
The estimate/quotation prices that you are given are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged at our current hourly rate and we will give you an estimate of the cost. Along the way we might ask you to put requests in writing so we can keep track of changes.
Our work carries a warranty from the date of going live – 3 months in the case of new sites, and 1 month for modifications to existing sites. For a new or rebuilt site, this applies to the whole site; for a changes or revisions to an existing site, this applies to the modification only. During the warranty period, any errors or faults within the work will be corrected free of charge. Requests to change previously agreed content are not covered by the warranty. After the warranty period has expired, we reserve the right to charged for any work done at our standard hourly rate.
Support covered by hosting or development fees
We will provide free of charge support under the following circumstances:
- A demonstrable and repeatable functional error in a site, reported during the 3 months subsequent to a new or rebuilt site going live
- A demonstrable and repeatable functional error in an enhancement, reported during the month subsequent to that enhancement going live
- A demonstrable and repeatable hard error from our admin systems or web servers (Dynafish hosting only)
- A demonstrable and repeatable hard error from our email servers (Dynafish hosting only)
- Configuration changes required to client email software because of changes to our email servers (Dynafish hosting only)
We reserve the right to charge for all other work, including but not limited to:
- Any other research, investigations, fixes, enhancements, modifications and upgrades to existing systems
- Changes to content
- Help with admin / backend systems
- Support of clients’ email and email systems (i.e. webmail and email readers e.g. Outlook) when our email servers are deemed fully functional
- Travel to and from clients’ premises
Unless agreed otherwise, we will arrange hosting for you at our preferred, third-party hosting provider. We will manage this for you and charge you an ongoing fee for hosting, premium plugins, and for domain name registration if required.
We will configure your website on the hosting provider’s server. We will work with the hosting provider to resolve any problems with the hosting of your website. If you want to make any changes later (like creating additional email accounts) we can charge you at our standard hourly rate.
To help maximise the security of your site we will keep web development frameworks, themes, and plugins updated for you. You will be liable for any recurring licence fees for premium plugins, which will be charged as an addition to your base hosting fees.
We will ensure that full backups of your website and any email accounts resident on our hosting provider’s server are made on a daily basis.
If required, we will create email accounts on the server and provide you with the relevant access and configuration details. You are responsible for the configuration of your client-side mailers. If you need help with this, we are happy to discuss that with you.
Most sites will be using shared hosting, where multiple websites share the same server resources, and each website is allocated a portion of the server’s CPU, RAM, disk space and bandwidth. Both Dynafish and our suppliers operate a Fair Usage Policy, and in the event that your site is using more than its fair share of the available resources, we reserve the right to amend the details and costs of the service provided.
Email facilities provided with our standard hosting are for general correspondence only. Any sort of mass-mailing is not permitted and can result in automatic suspension of your email facilities. If you need to do mass mailing, we can discuss this with you and advise you of possibilities.
As we rely on a third-party for this hosting service we cannot be held responsible for any loss of data or service connectivity problems. However we will do our best to work with the hosting company to resolve any problems.
You can choose to pay for hosting on a quarterly or annual basis, with a discount available for annual payments. Payments are due in advance. You may cancel your hosting at any time. If you do not cancel your hosting at least 30 days before the next renewal date, it will be renewed automatically for the next period. There are no refunds should you choose to cancel before the end of your charging period, or if you fail to notify us 30 days in advance of the renewal date that you do not want to renew.
Access to systems and servers
We do not permit clients to have direct access to the server hosting your website and associated admin facilities, for example via FTP or Telnet. We provide full management of your site on a technical level, and you may only make changes via the supplied admin facilities. To protect the integrity of the databases involved and the confidentiality of all of our clients’ data, under no circumstances will we provide access to these systems other than via the siteadmin facility. If you need anything doing that requires changes on the server (for example, uploading a Google verification file) we will be happy to discuss it.
Admin and backoffice systems
By agreement only, we will provide access to admin and backoffice systems for your website so that you are able to change content yourself. If you use this facility, any changes you make to your website are at your own risk, and we are not responsible for any problems that might arise. If things do go wrong and you are unable to correct them yourself, we’ll be happy to help you at a time convenient to ourselves, and we will charge you at our current hourly rate for the work involved.
We can’t guarantee that the functions contained in any webpage templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights and licensing
Just to be clear, “Intellectual property rights” means: All patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, and data you provided, unless someone else owns them.
We’ll own the HTML mark-up, CSS, database layouts and other code, and any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to our requested payment schedule and abide our simple standard payment terms:
1. Unless otherwise arranged, all invoices and any retained IRS are due for payment on the due date as specified on the invoice.
2. Failure to pay by the due date may result in the suspension of services and withdrawal of licences provided by Dynafish (including website hosting and email), without further notice.
3. Resurrection of a suspended account is at our discretion. If we agree to resurrect a suspended account, you will need to pay all outstanding charges and an additional resurrection charge.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML mark-up, CSS, database layouts and other code, which we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and to link to and from your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.
But where is all the horrible small print?
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of the Portuguese courts.