Terms and Conditions for Henriette Stewart, freelance Web Developer
(Last modified 03/09/2018)
The following terms and conditions apply to all web development and associated services offered by Henriette Stewart, freelance web developer. By ordering services from Henriette Stewart, you are agreeing to the following terms and conditions.
Proposals and Tenders expiry
Proposals and Tenders are valid for one month from the date on the proposal or tender. All prices quoted may be subject to change after this period.
The contract between Henriette Stewart and the client shall consist of the proposal with its specifications and these terms and conditions.
It may not be necessary to have a signature for the contract to commence, verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out shall constitute commencement of the contract and a contractual agreement between the client and Henriette Stewart shall exist based on the quotation with its specifications and these terms and conditions.
Henriette Stewart cannot guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date can be agreed upon request by the client and Henriette Stewart will do her best to adhere to that but cannot guarantee to do so in the light of circumstances outside her control.
Where in the instance that a finishing date has been agreed, Henriette Stewart will not be responsible for any consequential losses to the client if this deadline is not met.
Payments and Deposit
After a price is agreed, a 30% deposit will be invoiced; it must be paid and cleared in Henriette Stewart’s bank account before any work starts.
The remaining 70% will be invoiced after Henriette Stewart’s involvement in the project is complete, regardless of the involvement of other parties. The final payment of 70% must be paid within 7 working days (as specified on invoices).
If the project takes longer than 1 month, Henriette Stewart reserves the right to ask for an interim payment(s) based on the work completed. Interim payment(s) will reduce the final 70% payment.
The deposit is only refundable if no work starts.
For smaller jobs, the deposit is at Henriette Stewart’s discretion and may vary.
Supply of Materials
The client must supply all materials and information required by Henriette Stewart to complete the work in accordance with any agreed proposal. Such materials may include, but are not limited to, photographs, written copy, hosting and domain details, logos and other printed material.
Where there is any delay in supplying these materials, which leads to a delay in the completion of work, Henriette Stewart has the right to extend any previously agreed deadlines by a reasonable amount.
Where the client fails to supply materials, and that prevents the progress of the work, Henriette Stewart reserves the right to invoice you for any part or parts of the work already completed.
Henriette Stewart will make every effort to build the website to follow current web standards (within the agreed specification and budget).
Websites will be tested to support the latest versions of Microsoft Edge, Opera, Mozilla Firefox, Safari and Google Chrome, but Henriette Stewart cannot accept responsibility for pages which do not display acceptably in new versions of non-web standard browsers or in old versions of any browsers.
If there is a need further browser or device support, this should be discussed at the start of the project so it can be included in the original quote and price.
Copyrights and Trademarks
By supplying text, images and other data to Henriette Stewart for inclusion in the client’s website, the client declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
The client is obliged to disclose the full picture of the work or project requirements at the time of quotation for the work. Any extra work needed done during the course of the project, arising due to unclear requirements will not be included in the original proposal price and so will be an additional cost over and above the original proposal price.
If, during the course of the project, the client has a need for further development requirements that was not requested or specified in the original proposal, Henriette Stewart will provide an estimate of the additional cost involved and submit it to the client either via email or verbally.
In the case of extra work needed done Henriette Stewart will ensure the client is in full agreement of the work and the extra charge before commencing the work. There will be no surprise invoices.
If necessary Henriette Stewart reserves the right, and the client hereby agrees, to allow the use of sub-contractors or agents to work on any aspect of the web development and associated services.
Completion of the work
By paying the final payment the client is agreeing to the work being fully completed. Any additional work required after final payment has been made, will be charged for separately.
Henriette Stewart cannot accept responsibility for any alterations occurring to the client’s website after final payment has been made.
Where the operation of the website or other services provided by Henriette Stewart involves the collection and administration of personal data the client is deemed to be the Data Controller and as such is responsible for notification under the terms of the Data Protection Acts and related regulations.
If for any reason whatsoever Henriette Stewart is unable to provide an agreed product or service in accordance with these terms and conditions her liability shall be limited in its entirety to a proportional refund of any fees paid by you for the service or product.
In no event will Henriette Stewart be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by acts of god, the hosting service or any other circumstances beyond the control of Henriette Stewart, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or other services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitors’ computer or Internet software, even if Henriette Stewart has been advised of the possibility of such damages.
A formal cancellation of orders notification can be made by either email to Henriette Stewart or in writing to Henriette Stewart’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering.
The balance of monies due must be paid within 7 days.
This Agreement may be modified by Henriette Stewart at any time. Any changes to this agreement shall not affect client orders, proposals or tenders that have already been accepted.