Please read all Terms and Conditions below carefully before ordering services from Nicola Connolly T/A Connolly Creative. You should understand that by ordering any services from Connolly Creative, you agree to be bound by these Terms and Conditions.
You may wish to download a copy of these Terms and Conditions for future reference.
Terms & Conditions
Connolly Creative will always endeavour to fulfil your needs and meet your goals based on the work and services you pay us for. These Terms and Conditions exist so that both parties know what has been agreed and what happens in the unlikely event that an issue arises. By confirming your “Quote”, “Estimate” or “Specification” via email and/or making an initial payment for work or services you have requested, you are entering into a contract with Connolly Creative as per these Terms & Conditions.
1. 1. Statement
You are hiring Connolly Creative to complete the tasks which have been outlined in our correspondence as per the “Quote”, “Estimate” or “Specification” agreed. You will have been provided with an estimated total price for this work. You understand that any additional design, functionality or services that you request that are not explicitly specified in your agreed “Quote”, “Estimate” or “Specification” may be subject to an additional charge.
As our customer, you are confirming that 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 request. You agree to review our work, provide feedback and sign-off approval in a timely manner. Deadlines work two ways and you will be bound by any dates that we set together in the same way that we agree to be. You also agree to stick to the payment schedule set out in your “Quote”, “Estimate” or “Specification”.
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. During your project we will endeavour to meet all the deadlines set but we can’t be held responsible for a missed launch date or a deadline (please also see 6.0.). Please ensure that you supply relevant information, materials and content as quickly as possible and provide your approval and sign off of work when requested . We confirm that we will maintain the confidentiality of any information that you give us.
2.0. Design / Visualisation / Wireframes
We will create designs for the look-and-feel, layout and functionality (where applicable) for the “Quote”, “Estimate” or “Specification” agreed. Although we do not expect it to be the case, if you are not happy with the designs produced at any stage, you still agree that you will pay us in full for all work that we have produced. You can of course commission us to make design revisions or additional designs should you wish to see alternative design visuals at our hourly rate.
2. 1. XHTML/CSS layout templates & browser testing
We will test all our XHTML markup and CSS in the latest version of Safari, Chrome and Firefox at the time the order is placed. We will also test to ensure that pages will display visually in an appropriate, albeit not an identical way, on the latest version of Internet Explorer at the time the order is placed. We will also test on the latest iOS (using Google Chrome & Safari) and Android (using Google Chrome) operating systems at the time the order is placed. We do not test on an exhaustive list of devices unless this has been agreed as part of the “Quote”, “Estimate” or “Specification”. Support or testing for any newer versions of browsers / operating systems which are released after the date your order is placed would also incur additional charges.
To confirm, we will not test websites in out-dated or abandoned browsers on Mac or PC, for example previous versions of Microsoft’s Internet Explorer, Apple’s Safari, Mozilla Firefox or Google’s Chrome unless otherwise specified as part of the “Quote”, “Estimate” or “Specification”. We also do not test on Opera. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at our hourly rate for any necessary additional code and its testing. Please discuss this with us before placing your order so that we can advise on additional testing time costings.
2.2. Text content
Unless agreed as part of the “Quote”, “Estimate” or “Specification” we are not responsible for writing or inputting any text copy into the design. We’ll be happy to help with this if requested though, and will simply charge you at our hourly rate for copy writing or content input.
You will supply us images in digital high resolution format where required. Alternatively we can research, purchase and edit appropriate stock images on your behalf. Any time we spend searching for appropriate imagery will be charged at our hourly rate or at an agreed ‘per image’ rate for research, purchase and editing.
2.4. Conversion Rate Optimisation (CRO)
Any CRO recommendations we make will be based on thorough research & analysis of your website and its visitors using information made available to us. This usually involves the review of associated statistics, recordings, data etc. alongside best practice design psychology and user experience principles. Based on our knowledge and experience we will always aim to improve the usability, impact and/or performance of your website to support your customer’s journey through to conversion. However, due to the complex nature of user behaviour and other numerous indeterminate potential variables we cannot guarantee or be certain that an increase in conversions will be achieved as a specific result of the changes we recommend or implement. We also cannot be held responsible if conversion rates decrease as a result of any work we may recommend or carry out – there is no silver bullet with CRO and sometimes the unexpected occurs!
2.5. Digital Marketing (including Search Engine Optimisation and Social Media marketing)
We endeavour to improve your online exposure to potential customers through various digital marketing channels (including but not limited to Search Engine Optimisation and Social Media Marketing). If you are paying us for such services then we will be using our knowledge, experience and expertise in aiming to produce positive results. However, we cannot guarantee any improvements in social media engagement results, search engine results listings or associated digital marketing since there are many contributing factors that remain outside of our control (e.g. Google search algorithms, Facebook and Twitter functionality).
3.0. Changes and revisions
We know from plenty of experience that fixed-price specifications are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The quotation prices provided to you are based on the number of hours 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, request extra documents, add extra pages or templates or even add new functionality, that won’t be a problem, you will simply be charged our hourly rate for changes, revisions or additional work. We will usually ask you to put any requests in writing so we can keep track of changes.
4.0. Technical support & Hosting
4.0.1. We do not include technical support for web site hosting, email or other services relating to your web site hosting unless this is a service that has been agreed as part of your “Specification” with relevant fees payable monthly. If you do require help with anything beyond the design and development of your website, we’ll be happy to help and will charge at our hourly rate for “Development Support” (see terms 4.0.2.).
4.0.2. Our “Development Support” does not guarantee to solve your problem, however we will use our expertise to diagnose and fix any issues we are able to within the time-frame you have paid for. “Development Support” hours can be completed at agreed times during Monday-Wednesday 9am-5pm. Unfortunately, outside of these hours we cannot offer any support unless this has been explicitly agreed in writing.
4.0.3. We do offer hosting management packages payable monthly (see 5.0. “Ongoing Contracts” and 4.0.2. “Development Support” for further related terms). Servers are provided by our trusted 3rd party partners. The fees paid to Connolly Creative monthly for such hosting management packages are for the management of the server provided and not for the provision of the server itself, therefore we cannot guarantee any aspect of the server’s uptime / speed / technical specification or delivery. We reserve the right to change your server service provider without notice. We also reserve the right to remove, suspend or cancel all or part of your hosting management package without notice, resulting in your website and associated services (e.g. email) being taken offline. This includes, but is not limited to, cases where you are found to have sent, received, redirected to or uploaded indecent, offensive, UCE, malware, spyware or illegal content.
4.0.4. If you choose to set up or manage your own website hosting then we will support where possible with installing your site onto your server at our hourly rate (please see 4.0.2. “Development Support” terms above). However, updates to, and management of that server, plus any support issues will be your responsibility.
4.1. Plugins / Extensions / 3rd Party Application Installations / Payment Gateways
If you have paid us to install and configure a 3rd party extension onto your website or to configure a payment gateway we cannot guarantee it will function as expected and cannot be held responsible for any issues it may cause (please also see 7.0.). We will endeavour to solve any issues that may occur within the time that you have paid us for, however we cannot guarantee that we will be able to complete the work originally quoted if we come across unforeseen issues. In such cases you agree that you will still pay us in full for all the hours we have completed on the task, regardless of whether the anticipated or hoped for outcome that was included in your “Quote”, “Estimate” or “Specification” has been achieved.
5.0. Ongoing Contracts
If we have agreed an ongoing contract of work for any services then payment must be made in full on the 1st working day of the month, every month, in advance of work commencing (or as per the payment agreement detailed in your “Quote”, “Estimate” or “Specification”). If we have agreed as part of the ongoing contract that work might be completed at a specific location (e.g. your studio) then please be aware that this will not always be possible and you accept the contract on the basis that 100% of the work will be completed remotely. You also accept that expenses may be charged in addition to your ongoing contract amount where applicable. Either party may cancel an ongoing contract of work by giving 30 days written notice. All work completed must be paid for in full. Connolly Creative shall be entitled to increase its prices for ongoing contracts at least once in any rolling 12 month period.
6.0. Force Majeure
Connolly Creative shall not be liable for failure to perform any tasks or services if such failure is as a result of any act beyond its reasonable control including, without limitation, fire, flood, earthquake, storm, hurricane or other natural disaster, war, civil unrest, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, illness, lockout or interruption or failure of electricity or telephone service.
7.0. Limitation of Liability
We can’t guarantee that the functions contained in any web pages or in a completed web site, any work we have undertaken on your behalf during “Development Support” or any physical graphic design work 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 these errors or the operation of or inability to operate any web site or any other web pages we have worked on, even if you have advised us of the possibilities of such damages. We advise you to check all graphic design work thoroughly before printing, and to take regular back-ups of all websites and associated databases so that in the event of an issue you are able to ‘roll back’ to a previous working version of any given website.
We also do not accept any liability for any loss or damage resulting from your use of any product, service, software, subscription or functionality provided by or via any third party, even if we have advised that it may be suitable for your requirements.
You, the customer, agree that you will indemnify Connolly Creative against any loss, damage, cost or expense (including reasonable legal fees and expenses) we may suffer as a result of any act, omission, neglect or default of the yourself, your agents, or your employees as well as any issues resulting from work done in accordance with your instructions.
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.
7.1. Without prejudice to clause 7.0. above, you acknowledge and agree that Connolly Creative’s total liability in contract, tort (including but not limited to negligence), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract shall be limited to the amount paid by you pursuant to the relevant contract.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in graphic design work or web site designs are either owned by yourself, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for the project. We will give you a copy of all final artwork or website files and you should store them safely as we are not required to keep a copy of them for any period of time or to provide any native source files that we may have used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only the project agreed in the “Quote”, “Estimate” or “Specification”.
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 link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about design and marketing.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick tight to the payment schedule agreed in your “Quote”, “Estimate” or “Specification”. You understand that all deposits are non-refundable unless otherwise stated. If payment on “Sign Off” has been agreed for any part of your project, you agree to provide “Sign Off” by the date specified in the “Quote”, “Estimate” or “Specification” at which point the balance will become due. If “Sign Off” has not been received from you within 90 days of the project commencing then the balance of the project will become due immediately, regardless of whether “Sign Off” has been received.
10.0. Contract of work
You cannot transfer a contract with Connolly Creative to anyone else without our permission. The contract stays in place and need not be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place. If necessary at any time, Connolly Creative shall be entitled to sub-contract any work or services relating to your order without obtaining consent, or giving notice.
11.0. By confirming you wish to proceed with a “Quote”, “Estimate” or “Specification” provided to you via email, you are entering into a contract with Connolly Creative and agreeing to the terms laid out above. You understand that these terms and conditions are subject to change at any time.
12.0. These Terms and Conditions are a legal document under exclusive jurisdiction of English courts.
Please keep a copy of these Terms and Conditions for your own records.
Connolly Creative Terms and Conditions Version 1.1.