Here at Wana Web Design, we strive to provide the best possible service at all times. It is important however that you understand everything you may need to know in the unlikely event something were to go wrong. We will do our best to explain everything in easy to understand terms with minimal legal jargon.
In a nutshell
Wana Web Desing will help you undertake the tasks set out in our correspondence for the price we quote in our agreement with you. The pricing set out on our website is the fallback pricing in the event there is no written record of pricing.
We’ll keep our end if you keep your end
- We are professionals with the necessary skills to complete all tasks we have agreed to. We will complete these tasks in a timely manner providing the below are adhered to.
- You’ll give us everything we need to complete the project promptly.
- You’ll review our work, provide feedback and approval in a timely manner as per our agreement.
- If there are deadlines, they work both ways, so we’ll both be bound by dates we set together. As a general rule, these will be flexible, but if you have a firm deadline, you need to make that clear to us and do everything you can to help us make that deadline.
- You agree to honour our payment terms and timelines set out below.
- We’ll respect your confidentiality – particularly wherever you specifically indicate it is a privacy-sensitive project.
As a small business prompt payment of our invoices is extremely important to us. We’re sure you’ll want to stay friends so you agree to adhere to the payment terms that are set out below and on our invoices:
For larger projects like website design and graphic design
- We require a 50% deposit upfront. This is due at the time the design agreement is signed and is non-refundable.
- The remaining invoices are always due on completion of the project, or within 30 days of the invoice being issued. This, of course, assumes that the hold up with the project is at your end and not ours. We always aim to have our projects completed witihin 60 days, so if the project extends to 90 days we require the final payment to keep you committed to getting your project completed. It’s as much for us as it is for you!
For smaller jobs, recurring fees and hosting
- We’ll set the payment date in the invoice. For a monthly invoice that’s usually 15 days from the date the invoice is issued, while for yearly invoices it’s likely to be 30 days. Either way – we’ll make that clear.
If you change your mind along the way and cancel the build with us, we’ll charge you for the time we’ve spent on the build-up to that point, and that will be due immediately.
In the event that you change the scope of the project and it’s going to cost more than we originally quoted you. An hourly rate of $75/hr plus any additional chargeable services will apply if a project extends or requires edits outside of the contracted scope of work. We will provide you with a revised quote and invoice for that additional work.
For any of the ongoing services we provide, if you fail to make timely payment, we reserve the right to cease that service. For example – if you don’t pay your monthly website maintenance fee, we will no longer provide that service to you.
We also understand the pains of small business – so if you can’t make the above timeframes, we’d rather know. We’ll always work with our clients to come up with a payment schedule that works for them, but unless something else is agreed to, the above will apply and we’ll reserve the right to chase any monies owing.
Unless otherwise agreed, we are not responsible for creating any content for your website. We can provide stock photography for your site, and there will always be times when we help out with content, but as a general rule, it’s your responsibility to provide us with the copy (written text) and images for the project. You must have the right to use any content provided to us in your project. We take no responsibility for any user rights of any content used.
Any stock photography we have obtained on your behalf can only be used on your website created by Wana Web Design under the signed agreement. The licencing for that stock photography will be dictated by the stock photography library and we take no responsibility for use outside of those terms.
We can provide copy-writing and editing services or refer you to professional, so if this is required please let us know and we will provide you with a quote for these services.
It is the responsibility of The Client to inform the Designer if they require their website to be accessible as per the WCAG guidelines. This will be charged for as an additional service.
When it comes to website design there are a huge range of different browser and computer/phone combinations in the world. We aim to build a site that is compatible and looks great on the majority, but will never be able to test every combination of browser and device.
You are responsible for procuring and managing your own quality hosting and security for your website. We currently recommend SiteGround (affiliate link used).
Any issues with the website’s hosting or security will need to be handled with the appropriate parties. We will help assist when possible to troubleshoot any potential issues but we are not liable for problems or errors with the project or website due to reasons related to hosting or security. Excessive time spent by us handling errors of the host may be subject to an additional hourly fee.
Don’t expect your website to appear at the top of Google on day one. We set our sites up to be seen well by Google, but appearing in search results always takes time. If you want additional Search Engine Optimisation above and beyond the basic plan we provide, please let us know and we will look in to a professional SEO service for you.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can not guarantee that our work will be error-free and so we 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 us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability 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.
First, you guarantee that all elements of copy, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them in the context they are being used. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This extends to stock images and content where 3rd party licensing requires ownership to rest with Wana Web Design.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles, in books and on all forms of social media.
But where’s all the horrible small print?
Neither party 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.
These terms stay 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 New Zealand Courts.