0141-573-8596 / 07968-106196 info@jamesmackie.co.uk

Terms & Conditions

Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted our terms and conditions.

Terms & Conditions – Updated March 2020

The following terms and conditions apply to all services provided by JM Design to the Client.

Definitions

  • The Client: The individual requesting the services of JM Design.
  • The Project: Web design, Graphic Design, Hosting, Emails, and other web-related services being provided to the Client.
  • Project Completion: Completion of all components outlined in project breakdown.
  • Launch: Website going live and release of website access to the Client.
  • Site Owner: The client has rights of ownership of all components.

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 by paying the deposit invoice, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Agreement

JM Design will carry out work only where an agreement is provided either by email, telephone, or text message. An ‘order’ is deemed to be a written or verbal contract between JM Design and the client, this includes telephone, email, and text agreements.

Please ensure that you read the project quote and terms & conditions properly and that all details of the work are included, understood, and mutually agreed on.

Timeframes

Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 2 weeks to 2 months after approval of design and plan, depending on the scale of the work. Timeframes for the project will be discussed with the client before the project commences. JM Design will do his best to complete the project as soon as reasonably possible. Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms.

Content

During the project, JM Design will require the Client to provide website content, text, images, media links and contact details. Being a freelancer, to remain efficient I must ensure that work is carried out at the scheduled time. On occasions I may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.

Therefore, I ask that the Client provides all the required information within 8 weeks of the deposit being paid. On an occasion where progress cannot be made with your website because I have not been given the required information, and will be delayed as result, I then reserve the right to close the project until the balance is paid in full.

Please Note: Text content must be delivered as a Microsoft Word, email, or text document with the pages in the supplied document representing the content of the relevant pages on your website.

All images can be sent via email or larger, large quantity can be sent via wetransfer.com

Web Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, JM Design cannot accept responsibility for any losses incurred due to malfunction, the website, or any part of it.

The website, graphics and any programming code will be the property of JM Design until any outstanding balances are paid in full.

JM Design cannot take responsibility for any copyright infringements caused by materials submitted by the client.

JM Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

JM Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

JM Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

JM Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with the payment terms. There are no exceptions to this, i.e., if the client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken.

Database, Application and E-Commerce Development

JM Design cannot take responsibility for any losses incurred using any software created for the client by a third party. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Where applications or sites are developed on servers not recommended by JM Design, the client is expected to provide or seek any information, additional software, support, or co-operation pertaining to the server required for the application to be correctly developed.

The client is expected to test fully any application or programming relating to a site developed by JM Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, JM Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Charges

Charges for services to be provided by JM Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. JM Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Payment of Accounts

An advance payment of a minimum of 50% of the project quotation total is required when the initial quote is agreed upon and before the project commences.

The remaining 50% percent of the project quotation total is required upon completion of the work, prior to upload to the server or launch of the website. The project is deemed completed once the website is live.

Any additions or amendments outside of the project, which are required by the client, will not extend the deadline of the payment of the remaining balance.

Any delays to the estimated project timeframe which are caused by the client, will not extend the deadline of the payment of the remaining balance. Any delays to project completion which are caused by the client, will not extend the deadline of the payment of the remaining balance.

Payment for services is due by bank transfer. Bank details will be made available on invoices.

Invoices will be provided by JM Design upon completion but before publishing the live project. Invoices are normally sent via email and are due upon receipt.

It is the JM Design policy that any outstanding accounts for work carried out by JM Design are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with JM Design.

We will contact clients via email and text to remind them of such payments if they are not received when due.

If accounts are not settled or JM Design have not been contacted regarding the delay, access to the related website will be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.

Client Review

JM Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client. The client must inform JM Design of any amendments required within 7 days. At the completion of the project, such materials will be deemed to be accepted and approved.

Web Browsers

JM Design makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g., Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that JM Design cannot guarantee correct functionality with all browser software across different operating systems.

JM Design 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, JM Design 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.

Passing of Rights

Once all amounts due are paid and cleared you are assigned the rights of ownership and rights to use, as applicable, the products and services, including the text, graphics, animation, audio components and digital components contained within the finished website, in accordance with these terms and conditions and the Project.

Design Credit

A link to JM Design will appear in small type at the bottom of the Client’s website. If a client requests that the credit be removed, this will be done at no cost. The Client also agrees that the website developed for the Client may be presented in JM Design web portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, JM Design must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Domain Names, Website Hosting, SSL Certificate & Maintenance Services

JM Design may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client. The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of JM Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time

Privacy Policy

Please read our full privacy policy for more information.

Abuse

We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of JM Design.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within 30 days.

If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from JM Design to another provider.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Scottish Law.

Liability

JM Design hereby excludes himself from all and any liability from:

Loss or damage caused by any inaccuracy.

Loss or damage caused by omission.

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website.

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of JM Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.

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