Terms of Business

Lumberjack (LBRJK), a digital design and development company; registered address 7 Penfold Road, Worthing, West Sussex BN14 8PH. Matt Axell trading as Lumberjack.

Client

The individual or company commissioning the service(s).

Service(s)

The work provided by Lumberjack as outlined in the quotation.

Quotation

The description, and anticipated pricing where applicable, of the services to be provided to the client. This may take the form of a written document, email or written correspondence, or verbal conversation.

  1. Authorisation

    The work is carried out by Lumberjack on the understanding that the client has agreed to these terms. The client may indicate the acceptance of the quotation and these terms either by a signed agreement in writing; a confirming email or by paying a deposit for work outlined in the quotation.

    The client hereby authorises Lumberjack to carry out the services and access any information in order to do so, for example access to an external web hosting account. Uness otherwise stated on the quotation, the client authorises Lumberjack to upload files to any publicly accessible web server in order to provide the services; and if applicable to submit a completed website to search engines.

  2. Warranties

    Lumberjack represents and warrants to the client that it has the experience and ability to perform the services; that it will perform said services in a professional, competent and timely manner; and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.

    The client represents and warrants to Lumberjack that it has the power to enter into an agreement with Lumberjack; that it is solely responsible for any information added to a website as part of the services; and that its performance under these terms shall not infringe upon or violate the rights of any third party or violate applicable legislation.

  3. Quotation and Pricing

    Unless otherwise agreed all quotations will be a fixed fee on a project-by-project basis. Additional, urgent or maintenance work will be billed for using an hourly rate. Time will be rounded to the nearest fifteen minutes, minimum fifteen minutes per task.

    Website Design Services

    The quotation will itemise what’s included when being provided a website by Lumberjack. For complete website builds, this will included:

    • Website design to include the provision of all code as required.
    • Unlimited telephone or email consultations with the client
    • Up to two planning/scoping meetings at any location within a 10 miles radius of Lumberjack’s base. Locations further afield will incur a mileage charge. Any additional meetings will be billed at the hourly rate, plus any necessary mileage charges.
    • Optimisation to display correctly in all mordern web browsers. Some elements of the design may take advantage of technology only supported by newer browsers. Progressive enhancement techniques will be used to ensure the site still displays adequetely in older browsers. As a minimum we will support:
      • Internet Explorer 9+
      • Google Chrome
      • Firefox
      • Safari
      • iOS Safari
      • Android Browser

      The client can request further browser support for an additional charge.

    • Developed to be search engine friendly, including the optimisation of URLs, page titles and meta description tags.
    • The setup of Google Analytics to monitor website traffic, to which the client will be provided access.
    • The submission of the website to Google via webmaster tools. At no time does Lumberjack make any guarantee that the client’s website will achieve a certain rating in search engine results.
  4. Materials provided by the client

    Copy

    If specified in the quotation Lumberjack will write any copy that is to appear on the website which the client will be required to approve. In this case it is the client’s responsibility to provide sufficient information, in the form of verbal information, written notes, printed company literature or information on other relevant websites.

    If the client wishes to supply the copy, Lumberjack reserves the right to proofread and amend for the purpose of making it suitable for web use, provide a consistent tone of voice or be attractive to search engines.

    Images

    Images provided by the client will only be used if they are of sufficient quality. Images must be provided electonically either via email or portable storage device. Lumberjack reserves the right to graphically enhance supplied images and save them into a format suitable for use online. Lumberjack will not be held liable for any copyright or liscensing infringements of any images used that have been supplied by the client.

  5. Content Management Systems

    Lumberjack uses one of two content management platforms to provides websites; WordPress and Craft CMS. We will never use any pre-built or third party themes, unless otherwise agreed.

    We may on occasion use third-party plugins to enhance the features of these content management systems. Any necessary licences for which will be included in the quotation. Lumberjack does not guarantee the continued compatiblity of third-party software with the most up-to-date release of the CMS. If the client makes an update to either the CMS or the plugin that results in incompatitibity, any work to fix the issue will be charged at the hourly rate. Where possible Lumberjack will recognise any potential updates and advise the client of the best course of action.

  6. Domain Names

    If stated on the quotation, Lumberjack will register the necessary domain names on the client’s behalf. The domain name(s) may be registered using the client’s contact details, in which case it will be owned by the client. Lumberjack will manage the domain name registration and renewal on behalf of the client. At no time will Lumberjack hold any rights over the domain name.

    If the client has already registered the desired domain name(s), they may request the transfer of any exisitng domain name to be managed by Lumberjack. This will be billed at the hourly rate.

    Domain setup and registration is charged at £15.00 + the cost of the domain.

  7. Web Hosting

    The standard web hosting provided by Lumberjack is as follows:

    • Set up and configuration of hosting for the website.
    • Installation of the website and any necessary software on the web host.
    • Configuration of the name servers to link the domain to the web host.

    Lumberjack withold the right to cancel any hosting service should we deem the client is abusing the server in any way or transmitting, storing or presenting information, data or material that violates any UK law.

    Web hosting starts at £150.00 per 12 months, payable up front, unless otherwise stated. This will also include daily backups to prevent data loss.

  8. Staging Environment

    During the development phase the site will be uploaded to a staging environment on our servers free of charge for testing and client approval. Once supplied with the staging url the client will have, unless previously agreed otherwise up to 2 weeks to report any bugs. Any requests to change the layout, design or copy at this stage that hasn’t been discussed or wasn’t on the initial quotation will be deemed out of scope and any additional work will be charged at the hourly rate.

    If the client wishes to arrange their own hosting for a completed website then the time taken to install the website or any necessary software on the client’s web host will be charged at the hourly rate. Any outstanding balance of the project must be received before Lumberjack will hand over files to be hosted on the client’s own server or web host.

  9. Email Addresses

    Lumberjack do not manage client emails. We recommend the use of Google Apps for Business as an email provider.

    If the client choses to use Google Apps then Lumberjack will handle the initial setup on the client’s behalf. Any ongoing support will be provided by Google’s support network and any use of this service will be covered by Google’s terms and conditions.

  10. Additional Services

    The client agrees to pay the additional fees for any work not outlined in the quotation that the client requests and approves in advance in writing during the course of the project. For example photography, copywriting services.

  11. Schedule and Completion Date

    Once the client has accepted the quotation and paid any initial deposit, Lumberjack will book in the work and provide a predicted competition date. This date, whilst Lumberjack will do everything to meet should be seen as an estimate and we will not be held responsible for any delays outside of our reasonable control or those caused by the client’s delay in responding to requests by Lumberjack or late provision of necessary content.

  12. Payment

    The client must pay for the work in full following receipt of an invoice from Lumberjack. All services shall be provided for the cost specified in the quotation, or at the hourly rate per these terms.

    Web hosting charges begin on the date the website is transferred to the live environment, and are billed annually. Unless otherwise notified web hosting services will be renewed and invoiced automatically every 12 months.

    Payment Terms

    An initial payment is required upon acceptance of the quotation to secure studio time. Further payment is due on sign-off of creative design in order to secure development time. The next payment will be due once a working version has been signed off, while the remaining balance will be due 10 days after project completion.

    Projects < £2,000
    • 50% initial deposit
    • 30% on creative sign-off
    • 20% on delivery of working site
    • 10% due of go-live
    Projects > £2,000
    • 30% initial deposit
    • 30% on creative sign-off
    • 30% on delivery of working site
    • 10% due of go-live

    Payment shall be made via BACS transfer to the account detailed in the invoice.

    Lumberjack reserves the right to withhold the client’s website from going live or remove the client’s website or other services from viewing on the internet if payment is not made in full when required. Lumberjack will give seven days notice before removing the website from the internet. This does not relieve the client of their obligation to pay the amount due. Lumberjack accepts no liability for any losses that the client incurs if the website is removed from the internet due to non-payment.

  13. Software Updates

    Any work provided under the services will be developed to be compatible with the latest standards and software that are in place at the time of the initial project. Due to the changing nature of the website industry, Lumberjack does not guarantee that the work will be compatible with future standards, web browsers or upgrades to the software it runs on. The client is advised to update the software used to power the website at least annually.

    If the client chooses to purchase ongoing software updates from Lumberjack then this will cover standard updates to the CMS and any other software used to provide the services, including the theme and plugins. If, at any point, it becomes apparent that significant redevelopment is required in order to bring the software up to date – for example, due to any significant incompatibilities between the website and the new versions of the software – with then this would be treated as extra work in addition to the ongoing software update fee. In this case, Lumberjack will contact the client and recommend the best course of action.

  14. Support – 30 day Free Period

    All work comes with a 30 day free support period. This commences on the date of completion, when the site is launched or when work is handed over to the client. The purpose of the support period is to fix any issues that may arrise, with the original codebase (bug fixes). Any additional training, support or updates during the initial 30 day period, and all issues raised afterwards, will be billed at the hourly rate. This includes fixing any bugs or other problems that the client identifies after the 30 day period has expired, even if these were present when the work was originally handed over.

  15. Assignment Of Project

    Lumberjack reserves the right to assign subcontractors to the project as required. Where subcontractors are used, Lumberjack reserves the right to share any information that is necessary for the work to be carried out. Lumberjack will remain fully responsible for the final results of the project.

  16. Copyrights & Trademarks

    The client declares that it holds the appropriate copyright and/or trademark permissions for any information that it asks Lumberjack to include on a website under the services, including text and images. The client agrees to fully indemnify and hold Lumberjack free from harm in any and all claims resulting from the client not having obtained the required copyright and/or other necessary permissions. The client is assigned rights to use as a website the design, graphics and text contained in the finished assembled work. If Lumberjack has provided a logo or colour scheme for the client then the client is also assigned rights to use these throughout their business. Copyright for these elements will be transferred to the client once they have been paid for in full.

    Lumberjack will provide image files of any parts of the website design to the client on request. This will be charged at the hourly rate. Rights to photos, graphics, source code and computer programs are specifically not transferred to the client, and remain the property of their respective owners.

  17. Authorship Credit

    Unless specified otherwise in the quotation, the client must include a link at the bottom of each page of their website, establishing authorship credit to Lumberjack. This will be inserted by Lumberjack. Lumberjack may remove the link at any time. The client may only remove it with prior permission from Lumberjack. Lumberjack and its subcontractors retain the right to link to the client’s website, display graphics and other web design elements as examples of their work in their respective portfolios, as well as to mention the client in publicity to promote Lumberjack, unless stated otherwise in the quotation.

  18. Cancellation Of New Services

    Prior to the client’s final approval of the draft services, each party reserves the right to terminate their agreement at any time. Lumberjack shall have the right to bill pro rata for work completed up to and including the date of that request, plus any expenses incurred, while reserving all rights under these terms and to the work.

    If the client does not provide the information or approvals required for the services within a period of 60 days from the date it was requested by Lumberjack, or does not respond to contact within 60 days, then Lumberjack will deem this to be a cancellation of the agreement.

  19. Cancellation Of On Going Services

    Any ongoing services provided to the client by Lumberjack can be cancelled by the client at any time. The client must give Lumberjack at least 14 days’ notice either in writing or by email. The client shall not be entitled to a refund for any part of a month or year for services yet to be provided which have been paid in advance.

    If the client is cancelling the website hosting and domain name registration service (e.g. the client wishes to move the website to a different web host) then Lumberjack will release and hand over all website files. This will be billed at the hourly rate. If Lumberjack wishes to cancel any ongoing service provided to the client then they may do so at any time but must give the client at least 14 days notice in writing or by email.

  20. Cookies And Privacy

    Lumberjack will support the client in ensuring the website complies with the Privacy and Electronic Communications Regulations (updated 26 May 2011).

    Lumberjack will inform the client of their responsibilities, including offering their services in carrying out an audit of any cookies used on the site, and providing information about the technical options available to achieve compliance. Ultimate responsibility for compliance lies with the client.

  21. Limited Liability

    The client hereby agrees that any material submitted for publication on a website will not contain anything leading to an abusive or unethical use of the web hosting service or host server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.

    The client hereby agrees to indemnify and hold harmless Lumberjack from any claim resulting from the client’s publication of material or use of those materials.

    For as long as Lumberjack is responsible for hosting and administration of the services, Lumberjack shall take all reasonable measures to protect the client’s website or software including responsibility for daily data backups and regularly overseeing its security against illegal or unauthorised use. The client acknowledges that Lumberjack cannot guarantee the security of the services. If, at any time, the client is aware of any infiltration, or suspects that such infiltration may be taking place, it shall notify Lumberjack immediately.

    Lumberjack total liability arising in connection with work provided under the quotation and these terms shall be limited to the total cost of services ordered by the client from Lumberjack during that financial year. Lumberjack shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the services.

  22. Indemnification

    The client shall defend, indemnify and hold harmless Lumberjack and its employees, agents and subcontractors from all liabilities, claims and expenses, including all reasonable legal fees that may arise or result from:

    • Any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns.
    • Any injury to person or property caused by any products or services sold or otherwise distributed in connection with Lumberjack.
    • Any material supplied by the client that infringes on the proprietary rights of a third party.
    • The client’s use of electronic commerce.
    • Any defective product which the client has provided via the services.
  23. Non-Disclosure

    Lumberjack, its employees and subcontractors agree that, except as directed by client, it will not at any time disclose any confidential information to any person.

  24. Entire Understanding

    These terms and the corresponding quotation form the sole agreement between the client and Lumberjack regarding Lumberjack’s web design and ongoing services. These terms shall be governed and construed in accordance with English law. The parties agree that if any part, term or provision of these terms shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected.