Below are the standard terms and conditions of Webigence Ltd, Thornton House, Thornton Road, Wimbledon, London, SW19 4NG | Registered number: 4132885 | VAT number: 742706339
Please make sure you read all our terms and conditions as these form the basis of our contract with you. These terms are legally binding and apply worldwide for any work, services or products of Webigence Ltd and we have the right to change these terms and conditions at any time without notice. These terms and conditions are subject to change without notice at our sole discretion. We will notify you of any amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access the website.
If there is any dispute over anything throughout the project we will refer back to the general T&C’s here (as well as to what we agreed specifically with you).
Either the Cost, Time or Quality will be affected, at our sole discretion, should additional functionality or extra rounds of amends be added by the client after the project has been started. Costs, timings and quality are all linked, if there is more emphasis/pressure from the client on one or more of these elements then there will be a knock on effect on the other elements.
The project has been started when the client has agreed to the detailed proposal presented by Webigence Ltd. Work will not start until this agreement has been received.
Each stage of the project will need to be signed off by the client, and once a stage of the project is signed off, if we have to go back and re-do or change elements that have been signed off, then this could incur additional charges and will be left to the discretion of Webigence Ltd to decide whether to charge or not.
When a client signs off a stage of the project(s) or feeds back with a round of amends, we are assuming the client has liaised internally with all other stakeholders and that they are the designated spokesperson for their company, unless otherwise agreed with Webigence Ltd.
We will use our expertise and the web best practice standards unless otherwise specified.
Our agreed costings are usually based on the requirements outlined in our meetings, the brief, the technical spec and/or approved wireframes. Anything outside of this will need to be discussed and costed for separately. If the client/partner agency keeps asking for additional features/pages/functionality then the costs are likely to increase (and Time or Quality may also be affected).
Anything which is undefined or is ambiguous from the discussions/emails/brief will also be left to our interpretation and will need to be discussed and costs will be provided if appropriate.
Anything requested after the project costs have been approved/agreed will need to be discussed and costed for separately on top of our original estimate..
For all projects we undertake we charge an ongoing monthly support, maintenance and hosting fee which would be reviewed every 12 months to ensure the figure is appropriate to provide the level of support and resources required taking inflation into account. This can be paid by monthly standing order, or in full, annually in advance.
If the you require any bespoke updates in addition to what is mentioned in the scope or going forwards after the site is live, then this would be chargeable at our current hourly rate with a minimum charge of 30 minutes per request.
Our working hours are Monday to Friday 9am-6pm, and technical support requests made within these hours are subject to our standard terms and conditions, however if you need additional work completing or support outside of these hours then our costs are 2x (double) our standard rate.
Our standard payment terms are that we receive a 30% payment upfront to be paid immediately before we begin work, and then we would plan further milestone payments once we achieve certain points in the project with the remaining payment paid on 30 day payment terms once the development work on the project is complete (not when the site goes live).
Once the development work has been completed (and regardless of when the client decides to put the site live), the monthly fees will become chargeable at the rate agreed.
For the monthly fees, the client has the option to pay 12 months in advance, or to setup a standing order which will pay us the agreed amount at the end of each month. If taking the standing order route, it is up to the client to send us confirmation when the monthly fees have been setup from their end.
There is a 1 month cancellation / notice period which a client can give Webigence Ltd once the programming work has been completed and the website is live. Webigence Ltd can also give a client notice on the same terms.
Our invoices have payment terms of 30 days, unless otherwise specified or agreed upon by Webigence Ltd.
Under the Late Payment of Commercial Debts (Interest) Act 1998, interest of bank rate plus 5% bank charges/penalties, is payable on any invoice in the event of payment not being made within 30 days.
All work done by Webigence Ltd remains as the property of Webigence Ltd until paid for in full by the client.
Once Webigence Ltd have been commissioned to start some work, if the client/partner agency subsequently changes their mind, we reserve the right to charge you all or part of the remaining fees as we see appropriate (as we may have already started the work, or incurred costs in time spent).
In the event of non payment or bad debt we reserve the right to turn your website/application/product off (we will provide a 7 day notice in writing before we do so). To re-active your website/application/product, there is a minimum fee of £100+VAT.
All programming and database code, content management systems used, software systems, databases, technologies, web site code, and other work developed by Webigence Ltd is copyright, and the Intellectual Property of Webigence Ltd. Our code, Content Management System (Webi CMS), software / database systems, and other products are licence based and are not sold and are the intellectual property and copyright of Webigence Ltd.
By using Webigence Ltd products and/or services, you agree not to attempt to replicate, copy or redistribute these. It will be considered an illegal act if any effort is made to do so and we will pursue punishment by law.
We reserve the right to re-develop and re-use any or all of the code we write or ideas we progress in our websites, code, software systems, database, applications and products.
By using Webi CMS, our content management system, you are not entitled to the source code, but if but if Webigence Ltd were to stop tradingany then we would give you a fully licensed copy of the system on which to manage your own site. This copy cannot be re-sold.
Please be aware, as with any business, we do have other work going through the studio and other clients we are working with who also have deadlines. Once we have your approval to progress with your projects, then we can then book the work in and schedule the key project milestones.
We also strongly recommend an appropriate amount of time is allowed for testing. If this figure is cut down or not allowed for, or squeezed out due to tight client deadlines, and the site is put live then please be aware that there will probably be bugs.
We recommend the client or partner agency is involved in the scoping and specification stage of the project so that a tight brief/technical specification is created as we will ultimately build to these specifications. We want to avoid forcing or rushing developers into judging how they think a client might want elements to function/look due to incomplete (and inconsistent) requirements - a part of this is often due to unrealistic deadlines.
This specification will form the contract of what we will be delivering for the quoted price, therefore, everything needs to be covered and agreed in the specification and anything added after this will be deemed as a ‘change request’ and will result in an appropriate charge and it may also affect the schedule.
It is your responsibility as the client, to read the contract thoroughly and if there is anything unclear in the scope agreed then you must make us aware of this at the time of agreement so a resolution can be agreed.
Throughout the project we will work to the general assumption that there are two sets of amends* per stage of the project unless otherwise stated. We will work to the assumption that the amends will be collated together and sent over in one batch each time (if multiple emails are forwarded each with one amend at a time, then this counts are one set of amends it is therefore in the client's interest to make sure the amends are grouped together).
If the amends reach beyond the two rounds specified, then it is up to the discretion of Webigence Ltd whether to include the amends at no extra charge or whether to charge for the amends requested.
We put the site on a staging URL before the site goes live and the client has time before launch to review it, test it and populate the content. In addition we then also offer a 2 week grace period after the site goes live too to fix any bugs* that are found. Any bugs found after this grace period of 2 weeks it will be down to the discretion of Webigence Ltd as to whether to charge or not.
*The word amends refers to what we consider 'reasonable' changes based on the scope approved. However, if any alterations required differ significantly from the original brief, then these are classed as client's amends or a scope/specification change and will be chargeable at our current hourly rate. The word bug refers to an occasion where the code behaves differently to what was detailed when the project was scoped.
The fonts supplied in the PSD / designs may differ slightly when included in the HTML/CSS. This is due to the font weights made available from the font designer for online, differing from the font weights used offline. So whilst we will do our best to match the fonts in the design this may not always be possible due to the web font weights available for online use. Also each font could differ from browser to browser as each browser renders their fonts differently.
For "responsive" projects, if we are not provided with a design it is much more difficult for us to be able to get everything absolutely perfect. The more designs provided to us showing the site at different widths (along with budget and time), the more likely the responsive will be achieved to a higher standard.
The first phase of responsive design programming is to enable the site to work effectively on all tablet and mobile devices, so that everything on the site is thought through as to what should be displayed (what content/images/etc should be hidden) and so that a user on any device will have relatively easy access to all of the information. The design will generally be translated from the desktop version of the site but will not be ‘pixel perfect’ in terms of design and positioning of the elements on the page. Our standard costs for responsive design include this stage, and then there is a separate cost for the second phase (details below).
At the second phase of responsive design programming we can look at tweaks fedback by the designer and/or client to create a polished and pixel perfect finish, given that all parties can see much more clearly how the site will adjust to different sized screens and how the HTML has been programmed in the first phase of responsive design. Phase 2 will be costed for separately once we know the scale of the work involved and changes / tweaks requested.
Whilst we will build and setup your site from a technical perspective so the code is structured in such a way that the search engines can read and index your site, Webigence Ltd are not SEO experts and are not responsible for the performance of your website in the search engines, this is down to the client / the client's SEO agency and their content strategy.
Whilst we do know a bit about SEO, and any SEO related advice given by Webigence Ltd is up to the client to weigh up and choose whether to implement or not.
In instances where it was part of the agreed scope of the project, we will provide the client with content management access either using Webi CMS, or a bespoke content management system depending on requirements agreed. In these situations it is up to the client to source and upload/populate all the content into the site. In instances where the designer has provided sample content in the design to show how things would look. If the designer has not covered all instances, it is the client's responsibility to source and/or pay for all content required to go into the site and then also their responsibility to make sure all the content required is uploaded correctly into the website.
Where data/images is needed from an old website/application into the new one, Webigence Ltd reserve the right to cost and schedule for as appropriate.
It is up to the client to organise and manage the pointing of the domain to the new site themselves.
In terms of re-directing URLs from an existing site to a new site, if the client/partner agency can provide list URLs of key pages in a specified format* from the old site and what they should map to on the new site, then we would go ahead and apply these re-directs at no extra charge. If the client wants more than this then it needs to be discussed and costed for as appropriate.
*Webigence will advise of this specified format.
Webigence Ltd do not buy, register or own domain names or email accounts on behalf of client/partner agencies. We recommend that the client purchases and owns their own domain name, but we can recommend 3rd party suppliers that are dedicated to handling email accounts and support.
For any further clarification of these terms and conditions please email us at info@webigence.com or call us on 020 8405 6300.
Further specific terms will apply and these will be agreed with each client on a case by case basis, there may also be further contractual terms added.
