Terms & Conditions
Effective date: April 18, 2018
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.
Description of work
The deliverables are to be found in the first paragraph of the Statement of work, or as a line item within the quote.
Timetable
a dozen eggs will provide the client with a project commencement date. The project will start on this date, or if later, the date on which the deposit is received.
The Client should be aware that failure to submit any required information or materials may cause subsequent delays in completion. The Client shall be required to sign off all designs prior to the web build and it is the client’s responsibility to ensure that such designs are in an acceptable form.
Payment terms
Web
The Client shall pay a dozen eggs 30% of the initial estimated costs as a non-refundable deposit for project commencement. 30% of the cost is due on receipt of sitewide designs and 30% on launch of the preview site. The balance shall be due from the client within 30 days of the date of completion.
Brand & Design
The Client shall pay a dozen eggs 50% of the initial estimated costs as a non-refundable deposit for project commencement. The balance shall be due from the client within 30 days of the date of completion.
Please note that any balance in excess of 30 days overdue will attract statutory interest at the rate of 8% above the base rate of the Bank of England. Compensation for recovery costs under the late payment legislation will also be claimed where applicable.
Fees and additional services
Any work the Client wishes a dozen eggs to undertake, which is not specified in the description section of the statement of work will be considered an additional service. Such work shall require a separate agreement and payment separate from and above that specified in this agreement.
Expenses
The Client agrees to reimburse a dozen eggs for any of the following expenses necessary in completion of the Work: e.g. Fonts, Props, Research, Shipping, Software, Stock photography, Travel etc. unless previously agreed otherwise.
Assignment of work
a dozen eggs reserves the right to assign other designers or subcontractors to the work to ensure quality and on-time completion.
Reservation of rights
a dozen eggs shall retain all intellectual property rights in finished work, designs, sketches and preliminary materials.
Design Credit
Web
A link to a dozen eggs will appear in small type at the bottom of the Client’s website. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in a dozen egg’s portfolio.
Brand, design & animation
The Client agrees that the brand, design work or animation developed for the Client may be presented in a dozen egg’s portfolio.
Termination
Either party may terminate this agreement by giving written notice to the other of such termination. In the event that work is postponed or terminated at the request of the Client, a dozen eggs shall have the right to bill the client for all work carried out up to the date of receipt of written notice. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by a dozen eggs. This Agreement shall be governed by and construed in accordance with the laws of England & Wales.
Insurances
a dozen eggs carries public liability insurance cover of £1,000,000. Upgraded specific project insurance cover can be provided if required upon request
Confidentiality
Both the Client and a dozen eggs undertake to keep secret and not to disclose any confidential information which comes to the notice of it in relation to the other party and/or any of its subsidiary and associated companies (other than information already in the public domain) and not to use it for any purpose other than the performance of its obligations under this agreement.
The clients’s confidential information shall include, but not be limited to, information and data relating to the customer’s and its subsidiaries’ business and their financial performance and results.
a dozen eggs’ confidential information shall include, but not be limited to, details of its fees, costs and unused work and concepts that it has produced. The resultant design work will be used in a dozen eggs’ portfolio unless agreed otherwise in advance.
Content
Unless clearly specified as otherwise within the proposal submitted by a dozen eggs, all website copy will be provided by the Client. Copywriting by a dozen eggs beyond basic editing for grammar, spelling and tone- of-voice will be viewed as out of scope, and will incur additional charges.
The uploading of content to any website is the responsibility of the Client, unless clearly agreed as otherwise in the Client’s statement of work.
On-page SEO principles will be considered during website design. This does not include specific targets, and a dozen eggs can not bear responsibility for a failure to improve any search engine rankings or website visitor numbers.
A bespoke CMS guide is included in the web build cost and once delivered the responsibility for content input moves to the client.
Failure to provide required website content:
a dozen eggs is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide 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 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. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, 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.
Using our content management system you are able to keep your content up to date yourself.
Authority & Proofs
Written or verbal approval by the Client of designs, drafts, proofs or estimates may be taken by a dozen eggs as authorisation to proceed and to enter into contracts with suppliers based on such quotes.
Proofs of all work may be submitted for the Client’s approval and a dozen eggs shall not be liable for errors not corrected by the Client in such proofs. The Client’s alterations and additional proofs necessitated thereby shall be charged in additional charges. No responsibility will be accepted for any more errors in proofs accepted by the Client.
Scope
Unless explicitly stated within the Client’s statement of work, website hosting and other on-going digital charges are not included, and will be priced separately.
Future and on going content management system costs unless clearly specified within the Client’s statement of work are deemed out of scope and are payable by the Client.
During the review of proposed wireframes, a dozen eggs reserves the right to deem out-of-scope any requested changes to functionality that will require significant studio or development time.
Feedback
Feedback on all stages must be consolidated and supplied by a maximum of 2 named stakeholders.
Feedback otherwise supplied will be referred back to client.
Domain Registration
a dozen eggs cannot guarantee the availability of any domain name. Where a dozen eggs is to register a domain name on behalf of a Client it will endeavour to do so but the Client should not assume a successful registration.
Website launches
The completion/sign off point is defined by the Launch date.
After this date the Client has a period of 30 days to feed back on any inconsistencies within the site performance.
Any new changes to the web build thereafter, are considered amends and will need to be quoted.
Web Browsers
a dozen eggs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that a dozen eggs cannot guarantee correct functionality with all browser software across different operating systems.
a dozen eggs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, a dozen eggs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Hosting websites
a dozen eggs offers a limited hosting services through an out-sourced server. a dozen eggs does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
a dozen eggs may request that clients change the type of hosting account used if that account is deemed by a dozen eggs to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on a dozen egg’s server are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the Client and a dozen eggs are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the Client / domain owner.
Privacy
This privacy notice provides information on how a dozen eggs collects and processes your personal data when you work with us.
It is important that you read this privacy notice together with our website privacy policy which contains more detailed information about our data processing and can be accessed here.
a dozen eggs ltd is the controller and responsible for your personal data.
We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We use different methods to collect data about you.
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- subscribe to our service or publications;
- request marketing to be sent to you; or
- give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
We will only use your personal data for the purpose for which we collected it which include the following:
- To register you as a new customer.
- To process and deliver your order.
- To manage your relationship with us.
- To improve our website, products/services, marketing or customer relationships.
We may transfer, store and process your personal data outside the European Economic Area.
Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (www.ico.org.uk).
If you are looking for more information on we process your personal data including on data security, data retention and lawful processing bases, please access our website privacy policy.
Changes to this policy
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.