Website Terms & Conditions

T&Cs for a Quarsh Creative website

T&Cs can seem serious and scary... but it's an important part of doing business with me.

They set out, in no uncertain terms, what you can expect (and not expect) from working with me – essentially, this is just a transparent and formal way of clearly setting expectations.

You, The Client are hiring Quarsh Creative to design and develop a website for the estimated total price outlined within this proposal.

As my customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide me with everything that I need to complete the project including text, images, fonts and other information as and when I need it, and in the format that I ask for.

You agree to review my work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together. You also agree to keep to the payment schedule set out in this proposal.

I have the experience and ability to perform the services you need and I will carry them out in a professional and timely manner. I will endeavour to meet all the deadlines set, but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage. I will also maintain the confidentiality of any information that you give me.

Details of the works

I will create designs for the look, layout, and functionality of your website. This contract includes one main design and two opportunities for you to make revisions to the final design. If you are not happy with the design at that point, I will provide you with an additional quote for extra design work needed. If instead you wish to cancel our agreement, you may do so and I will retain the initial payment for the work completed to date.

HTML/CSS layout templates

I will develop using valid HTML5 markup and CSS3 for styling. I will test all my markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google and Opera. I will not guarantee that the website will work in Microsoft Internet Explorer 9 or earlier versions as this browser is now no longer being supported by major devices.

Furthermore, I will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Opera unless otherwise specified.

Website

Your ability to edit your website via the Webflow CMS is limited to plain text styling (bold, italic, links), Rich Text styling (headings, bold, italic, links, images, videos, quotes, bullet points), images, and CMS content, such as blogs and your team page.

You will not have the ability to make structural or formatting changes. To do so requires my intervention and will incur an hourly fee, deduction in time from your Retainer Package or take up part of an agree project fee.

Your website will be hosted and managed within my Webflow account and, by default, will not be transferred over to you.

If you do request a transfer of your website to another Webflow account, or require an export of your website from Webflow to be hosted elsewhere, I will not guarantee my ability to:

  1. make further design changes to your website,
  2. continue supporting your use of your website, or
  3. assist you in setting up your website on another hosting platform, or Webflow account.

Transfers to other Webflow accounts and exports of your website to be worked on by another design will incur a fee of AU$240. This will also sever our agreement to work together on this project and all current work at time of transfer will not be refundable.

eCommerce

The eCommerce platform you use for your website is your responsibility. I do not offer services for eCommerce administration or management. I will however assist you in setting up your online store and integrating it into your website, but the responsibility and future management of this rests solely on you, the client.

Text content

I am not responsible for writing or inputting any text copy unless otherwise agreed. In the case that you have opted out of my copywriting services, I will be happy to help, but significant work on my part will result in a charge outside the originally agreed price. This will not be done without your approval of an additional quote provided in advance.

Photographs

If needed, you will supply me photographs either in digital or printed format. If you choose for me to buy stock photographs on your behalf, that price will be added to the initial quote. Stock photography will not be purchased without your written approval.

Changes and revisions

The estimate / quotation prices in this proposal are based on the time I estimate I will need to accomplish everything that you have told me 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. At that time you will be provided with an additional quote for the extra work.

Technical support

As agreed, the quote provided includes the installation and set up of your site on my preferred server and hosting platform. Updates to, and management of that server, are taken care of by Webflow, Inc., a Delaware corporation, with any support issues you have being directed to Webflow Support.

The Webflow terms of service can be viewed here. I do not guarantee the services of Webflow, Inc. so please familiarise yourself with their Disclaimer of warranties and limitation of liability in Section 11 of their legal terms. For peace of mind, you can choose one of my retainer packages for ongoing support, or opt for ad hoc hourly support, which will be charged at AU$120 per hour.

Legal

I am not 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 website and any other web pages—even if you have advised me 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 severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by you, or that you have permission to use them.

When I receive your final payment, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that I create for you for this project. I can, if requested, give you a copy of all files and you should store them carefully as I am not required to keep them or provide any native source files that I used in making them. Note: dynamic Webflow content, such as blog posts, cannot be downloaded as this voids their CMS intellectual property.
  • You also own text content, photographs, and other data you provided, unless someone else owns them. I own the HTML markup, CSS, and other code and I license it to you for use on only this project.
  • I also reserve the right to display and link to your completed project as part of my portfolio, apply for awards using your website and to write about the project on websites, in magazine articles, and in books.

Retainer packages

Any work that falls outside the allocated hours will default to my hourly rate of AU$120. You can however, opt to bulk buy extra hours from any Retainer Package.

Payments

As agreed, our payment schedule will be as follows, but may be revised based on further conversations between us.

  • 50% deposit of the total fee upon agreement of initial design.
  • 50% of the total is payable upon completion and delivery of the website.

Interest accrued if payment is more than 14 days late, with 5% of outstanding amount to be added every 7 days, starting from the 15th day after receipt of finished product.

You cannot transfer this contract to anyone else without my 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.

If you have any questions regarding these T&Cs, contact me via the chat box in the bottom right corner.