The following Terms and Conditions apply to all services provided by Wora Digital to The Client.
The Client/You: The company or individual requesting the services of Wora Digital
Wora Digital/Us/We: Web Designer, Web Developer, Managing Director
The Project: Web Design, Website Development, or other computer-related services being provided to The Client by Wora Digital
Please read these Terms and Conditions carefully. Any purchase or use of our services implies that you have read and accepted our Terms and Conditions.
No Client needs to have signed an acceptance of these Terms and Conditions for them to apply.
If a Client accepts a quote, then The Client will be considered to have satisfied themselves as to the terms applying and have accepted these Terms and Conditions in full.
What do both parties agree to?
The Client: The Client has the authority to enter into this contract on behalf of himself, his company, or his organization. The Client will give Us the assets and information we need to complete the project. The Client will review our work and provide feedback and approval on time. Deadlines work two ways, so The Client will also be bound by the dates we set together. The Client also agrees to stick to the payment schedule set out at the end of this contract.
Wora Digital: Wora Digital has the experience and ability to do everything we have agreed with The Client. Wora Digital will do it all in a professional and timely manner. Wora Digital will endeavor to meet every deadline that is set and on top of that, We will maintain the confidentiality of everything you give us.
Wora Digital will carry out work only where an agreement is provided either by email or telephone. An order is deemed to be a written or verbal contract between Wora Digital and The Client, this includes telephone and email agreements.
The Client shall ensure to read the project design, breakdown, quote and terms and conditions properly and that all details of the work are included, understood and mutually agreed on.
Wora Digital creates website design that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we will not waste time mocking up every template as a static visual in Photoshop.
The Client shall supply a copy of the content for web pages in clear and usable electronic form, ideally a Word document or similar and shall be entirely responsible for the content of the web pages. We are not obliged to edit, check or guarantee the correctness of the text provided thereof in any way whatsoever. The end product shall be made at the entire risk of you as The Client.
The Client shall test all the functionality, and read and double-check all the content and images when the development link is provided.
If The Client agrees to provide us with the required information and subsequently fails to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Graphics and photographs
Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. The Client should supply graphic files in an editable, vector digital format. The Client should supply photographs in a high-resolution digital format. Any logos that need to be re-drawn will be charged extra at our hourly rate. Images sourced from external image libraries may incur additional license/royalty charges payable by The Client.
Browser testing no longer means attempting to make a website look the same in all web 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.
Wora Digital tests our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Mozilla Firefox and Opera. Wora Digital will not test in other older browsers unless we agreed separately. If The Client needs an enhanced design for an older browser, Wora Digital 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 are using. We test our designs in:
iOS: Safari and Google Chrome
Android: Google Chrome
Wora Digital will not test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If The Client needs us to test using these, we can provide a separate estimate.
Wora Digital is not a website hosting company, so Wora Digital do not offer support for website hosting, email, or other services relating to the hosting, unless we agree otherwise. The Client may already have professional hosting or might even manage that hosting in-house. If not, Wora Digital can recommend one of our preferred hosting providers. Wora Digital can set up the website on a server if it will be requested. Afterward, the updates and management of that server will be up to The Client unless we agree on our WordPress Assurance Plan.
Wora Digital 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 are the responsibility of The Client. Any loss, cancellation of the domain name, hosting, or other subscription services, brought about by non or late payment is not the responsibility of Wora Digital.
Wora Digital can only program sites to be as secure as reasonably possible at the time of delivery and cannot offer indemnity against future threats/developments.
Search engine optimisation (SEO)
Wora Digital does not guarantee improvements to your website’s search engine ranking, but the pages are developed to be accessible to search engines and provide basic SEO features.
Changes and revisions
Wora Digital do not want to limit clients’ ability to change their mind. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time. Any estimates given by Wora Digital as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
Displaying our work
Wora Digital loves to show off its 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 websites and magazine articles in books and on social media.
A link to the Wora Digital website will appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If The Client requests the design credit to be removed, a nominal fee of 10% of the total development charges will be applied.
Any estimates given by Wora Digital as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence. Any stated timescale is reliant upon The Client providing all required information/copy/images within the time set out at project initiation.
Unless otherwise agreed upon with The Client, the timescale for completion of work may vary and it depends on can take 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. Wora Digital will do its best to complete the project as soon as reasonably possible.
If The Client decides to end this contract, The Client must give us a ten (10) day written notice and pay us for the services that Wora Digital has completed.
E-mail or telephone requests for termination of services will not be honored 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 thirty (30) days.
If either party fails to follow through with their responsibilities or obligations under this Agreement, the other party can end this contract by giving a ten (10) day written notice. This contract will automatically terminate when both parties have performed all of their obligations under the contract and all payments have been made.
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 Wora Digital to another provider.
Wora Digital will carry out our work by good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, Wora Digital cannot guarantee that its work will be error-free. Wora Digital cannot be liable to The Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you have advised us of them.
Wora Digital hereby excludes itself, its Employees and or Agents 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 Wora Digital 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.
Wora Digital creates a website for Client’s purposes and to Clients’ specifications. Wora Digital does not represent or warrant that said website will create any additional profits, sales, exposure, brand recognition or the like. Wora Digital has no responsibility if the website does not lead to The Client’s desired results.
The Client’s liability to Wora Digital will also be limited to the number of fees payable under this contract and The Client will not be liable to Wora Digital or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we have advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason is 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, goodwill rights 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, Wora Digital guarantees that all elements of text, images or other artwork The Client provides are either owned by the Client’s good selves or that The Client has permission to use them. When The Client provides text, images or other artwork to Wora Digital, The Client agrees to protect Wora Digital from any claim by a third party that Wora Digital is using their intellectual property.
Wora Digital reserves the right to refuse to use any content that is offensive, illegal or inappropriate in any other way.
Wora Digital guarantees that all elements of the work are either owned by Wora Digital or Wora Digital has obtained permission to provide them to The Client. Provided The Client has paid for the work and that this contract has not been terminated, Wora Digital will assign all intellectual property rights to The Client as follows:
Wora Digital will give The Client source files and finished files. The Client should keep them somewhere safe as Wora Digital are not required to keep a copy. The Client will own all intellectual property rights of text, images, site specifications and data The Client provided unless someone else owns them.
Wora Digital will own any intellectual property rights Wora Digital has developed prior to or developed separately from this project and not paid for by The Client. Wora Digital will own the unique combination of these elements that constitutes a complete design and Wora Digital will license its use to The Client, exclusively and in perpetuity for this project only, unless we agree otherwise.
Charges for services to be provided by Wora Digital are defined in the project quotation that the Client receives via the contract or e-mail. Quotations are valid for thirty (30) days. Wora Digital reserves the right to alter or decline to provide a quotation after the expiry of thirty (30) days. Prices quoted are only an estimate, and may be subject to change during the process of design and build. This can be caused by The Client choosing to amend any aspect of their requirements or any third-party costs which occur beyond Wora Digital’s control.
Any charges incurred by international payments or international bank transfers are not the responsibility of Wora Digital. Therefore, any such charges must be paid, by The Client, in addition to the amounts invoiced by Wora Digital. Consequently, Wora Digital does not accept ‘shared charges’ for international bank transfers or international payments.
Unless agreed otherwise with The Client,
For all projects under £500, payment is required in two stages:
- An advance payment of a minimum of fifty (50) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences.
- The remaining fifty (50) percent of the project quotation total is required upon completion of the work, before uploading to the server, the release of materials or the launch of the website.
For all projects above £500, payment is required in three stages:
- An advance payment of a minimum of thirty (30) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences.
- A further thirty (30) percent is required after the client reviews the initial project build on a test server or other suitable environment, and before any amendments are made.
- The remaining forty (40) percent of the project quotation total is required upon completion of the work, before uploading to the server, the release of materials or the launch of the website.
Please note that Completion means that you will see the fully working website on the development server. The website will be uploaded to the hosting server and go live after receipt of full payment.
Any additions or amendments outside of the project breakdown, which are required by The Client, will not extend the deadline for the payment of the remaining balance.
Any delays to the estimated project timeframe which are caused by The Client, will not extend the deadline for the payment of the remaining balance.
Payment for services is due by bank transfer. Bank details will be made available through email/invoice.
Initial payment must be made no more than three( 3) days after the signing of the contract unless otherwise agreed in writing in advance and it is not refundable. Wora Digital understands and will exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998 amended by European Directive 2000/35/EC if we are not paid according to these terms.
When payment is overdue, Wora Digital may suspend work, service and/or delivery without notice and prejudice to any other legal remedy until due payment has been made.
All work remains copyrighted to Wora Digital until the settlement of the relevant fee account. The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. Once Wora Digital has deemed a project to be complete, any amendments will be charged at Wora Digital’s standard hourly rates.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If The Client in default maintains any information or files on Wora Digital’s Web space, Wora Digital will, at its discretion, remove all such material from its web space. Wora Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve The Client of the obligation to pay any outstanding charges assessed to the Client’s account. The Client with accounts in default agrees to pay Wora Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Wora Digital in enforcing these Terms and Conditions.
Passing of Rights
Once all amounts due to Wora Digital from The Client are paid and cleared, The Client is assigned the rights to use, as applicable, the products and services, including, the website which includes the text, graphics, animation, audio components and digital components contained within the finished website, by these terms and conditions, the Project Agreement and any applicable agreement, terms or license but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described above will pass until all amounts due to Wora Digital from The Client are paid. If The Client has not paid the invoice in full within 2 months from the date of the invoice The Client agrees that The Client will forfeit its rights.
The rights to photographs, graphics and any third-party items such as source code, always remain the property of their respective owners.
Unless The Client has Wora Digital’s specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and Wora Digital’s products and results of Wora Digital’s services remain our property and Wora Digital retains full ownership rights and all intellectual property rights. The Client specifically agrees not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that Wora Digital owns. The Client fully understands that Wora Digital may reproduce, reuse, develop and use in any other way Wora Digital chooses, anything within our ownership.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature of the Contract 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.
This Agreement shall be governed by English Law.