Terms & Conditions

Between Bear Behind (that’s us)
And Your Name (that’s you)

Summary:

We will always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

In this contract you won’t find any complicated legal terms or long passages of unreadable text. I’ve no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.

So in short…

You (your name), located at [your address] (“You”) are hiring us (Bear Behind) (“Me or I”) to:

  • Do whatever work we have agreed together

For the estimated total price of the cost as outlined in our previous correspondence or proposal.

Of course it’s a little more complicated, but we’ll get to that shortly…

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll provide me the text, images and information I need to complete the project as and when required.

You’ll review my work, provide feedback and approval in a timely manner. You also agree to stick to the payment schedule set out at the end of this contract.

Us: I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll endeavour to meet every deadline that’s set and on top of that I’ll maintain the confidentiality of everything you give me.

Getting down to the nitty gritty…

Design

I create designs that adapt to the capabilities of many devices and screen sizes – usually called “mobile responsiveness”.

You’ll have opportunities to review my work and provide feedback. I will either share a Dropbox, Google Drive folder or other repository or development site with you and we’ll have regular contact by either phone, email, or face to face meetings.

If – at any stage – you change your mind about what you want delivered or aren’t happy with the direction the work is taking, you’ll need to make payment in full for the time I’ve spent working on the project.

Text Content

Unless agreed as part of the proposal, you will need to be responsible for inputting text and / or images into your content management system or creating the pages on your website. I can provide professional copy-writing and editing services at an extra cost if required.

Graphics and photographs

You should supply graphic files in an editable, digital format as agreed between us. Please supply photographs in a high resolution digital format – again as agreed. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide this at an extra cost.

HTML, CSS and JavaScript

I deliver pages developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for behaviours.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

I test my work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. I won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, I can provide a separate estimate for that.

Mobile browser testing

Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. I test our designs in:

iOS: Safari and Google Chrome
Android: Google Chrome

I won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need me to test using these, I can provide a separate estimate.

Technical support

I can also supply hosting and email services however I am not responsible if your email client stops working. I can offer help but that help will be chargeable.

Emergency support

Any work outside of office hours (Monday to Thursday from 9:00am – 5:00pm with Friday 9:00am – 4:00pm) will be classed as emergency support and charged at x2 the standard rate.

Scheduled support

I can of course carry out extra work for you on your website but it does need to be scheduled in. If you are on one of our Hosting Packages you have details of the expected response time. If you are on our Bronze Package then we will endeavour to commence work within 7 days. Please note that if you require emergency support then the “Emergency Support” rate may apply.

Search engine optimisation (SEO)

I don’t guarantee improvements to your website’s search engine ranking (nobody can, not even Matt Cutts at Google), but the pages that I develop are accessible to search engines. Unless you don’t want them to be.

Changes and revisions

I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the time / work I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I am happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate for that additional time / work.

Legal stuff

I will carry out the work in accordance with good industry practice and at the standard expected from a person with relevant experience. That said, I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.

Your liability to me will also be limited to the amount of fees payable under this contract and you won’t be liable to me or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if I’ve advised you of them. Fair’s fair after all.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removable from this contract and shall not affect the validity and enforcement of any remaining provisions.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

And breath…

First, you guarantee that all elements of text, images or other artwork you provide are either owned by you or that you have permission to use them. When you provide text, images or other artwork to me, you agree to protect me from any claim by a third party that we’re using their intellectual property.

I guarantee that all elements of the work I deliver to you are either owned by me or I’ve obtained permission to provide them to you. When I provide text, images or other artwork to you, I agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, I’ll assign all intellectual property rights to you as follows:

  • You’ll own the website I design for you plus the visual elements that I create for it.
  • I’ll give you source files and finished files and you should keep them somewhere safe as I’m not required to keep a copy (though I usually do)
  • You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

I’ll own any intellectual property rights I’ve developed prior to, or developed separately from this project and not paid for by you. I will own the unique combination of these elements that constitutes a complete design and I will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying my work

I love to show off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my portfolio and in articles on websites, in magazine articles and in books. It could get you noticed too.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

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.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.

Payment Schedule

I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. You agree to stick to the following payment schedule, which may be revised based on further conversations between us.

We issue invoices electronically. My payment terms are as per 7 days from the date of invoice by BACS or the SWIFT international payments system. All proposals are quoted in good old Sterling / GBP and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. I reserve the right to charge interest on all overdue debts at the rate of 8% plus the Bank of England base rate per month or part of a month.

If – at any stage – you change your mind about what you want delivered or aren’t happy with the direction the work is taking, you’ll need to make payment in full for the time I’ve spent working on the project.

Proposals are valid for 1 month unless otherwise specified.

Bespoke Website Projects & Larger Works

  1. The initial payment is 50% of the total estimated cost and due prior to commencing the work
  2. The second payment is 35% of the total estimated cost and due once the design has been approved (programming and website build)
  3. The final payment is 15% of the total estimated cost (plus any associated hosting and any agreed additional costs) once the development of the website is complete and approved and ready to be made live.

Platform Hosting

All packages are on a rolling 12 month subscription. One months notice is required for cancellation.

Website Packages

These packages include everything you need to maintain and care for your website.

We will invoice you at the start of any new build, and monthly thereafter. Please note that even though your website is not live it is taking up platform space for us to be able to build, this is why we start charging at the very begininning.

If you wish to upgrade your package, you will not need to pay off the remainder of your current subscription
If you wish to down grade your package, you will need to pay off the remainder of your current subscription
If you wish to cancel your package early you will need to pay the remainder of your current subscription

Other Requests

I will advise you on the likely cost and ask this is paid before commencement of the work requested.

Box

we use www.box.com to store any of your documents or images for your website. If required you will be given access to this so that you can upload anything we may need to help with the build of you website.

Leaving Bear Behind

If you decide to leave Bear Behind you will need to give 1 month’s notice by email (supportdesk@bearbehind.co.uk) There will be a £90 administration charge. I will set you up to have access to your domain name, website and hosting to allow you or your new supplier to move them. Please note all outstanding invoices need to be paid by your scheduled transfer date.